Because individuals with certain psychological disorders, such as antisocial personality disorder and substance dependence, are at high risk for criminal involvement, they are also at heightened risk for false
identifications by eyewitnesses.
Not exact matches
Largely adopting provisions in a bill drafted in 2015
by the State Bar Association in collaboration with the Innocence Project and the District Attorneys» Association of New York, the budget agreement calls for both video recording of custodial interrogations of suspects in serious crimes and reforming procedures for
eyewitness identification.
And when the police had ample corroborating evidence against the suspects, the rate of positive
identification by confident
eyewitnesses shot up to 90 %, the team reports online today in the Proceedings of the National Academy of Sciences.
Almost exactly 10 years ago, the Innocence Project informed the legal community that «in 66 of the 216 wrongful convictions overturned
by DNA testing, cross-racial
eyewitness identification was used as evidence to convict an innocent defendant.»
Materials are classified
by the primary causes of wrongful conviction: forensics / DNA,
eyewitness identification, false confessions, jailhouse informants, police or prosecutorial misconduct and ineffective representation.
Holding: The Due Process Clause does not require an inquiry into the reliability of an
eyewitness identification when the
identification was not procured under unnecessarily suggestive circumstances
by law enforcement.
The Pennsylvania Innocence Project spent thousands of hours on the case, which they called a prime example of the problems with
eyewitness identification not corroborated
by other evidence.
The defence in some cases might be based entirely on the Charter of Rights and Freedoms or
eyewitness identification problems or intoxication issues or other myriad factors unaffected
by the particular name of the charge or section number of the Criminal Code or Controlled Drugs and Substances Act under which the charge was laid.
If these procedures are not followed to the letter of the law, the Supreme Court ought to exclude the use of
eyewitness identifications by prosecutors altogether.
A 2009 report
by the New York State Bar Association, which identified major factors contributing to wrongful convictions, recommended video recording of custodial interrogations and changing procedures for
eyewitness identification of suspects.
Justice Goodwin Liu, joined
by Justice Leondra Kruger, issued a notable dissent proposing new standards for addressing problematic
eyewitness identifications and arguing that Reed had shown that prosecutors discriminatorily exercised their discretionary strikes to exclude African Americans from serving on the jury.