Due to the inherant unreliablity
of eyewitness identification, Judges are required to give special instructions to juries when they are considering identification evidence.
The frailties
of eyewitness identification has lead to many instances of wrongful convictions.
In a case where the primary evidence against the defendant is the identification of an eyewitness, a defendant should be permitted to present expert testimony on the reliability
of eyewitness identification, whether or not there is additional corroborative evidence that could weigh in favor of guilt.
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.
Error - Prone IDs A number of factors can reduce the accuracy
of eyewitness identifications.
Although only a few cities and states have adopted laws to improve the accuracy
of eyewitness identifications, there seems to be a growing interest in doing so.
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.
Explicitly citing the Innocence Network Brief, the Court held that Oregon's previous standard for the admissibility
of eyewitness identifications (i.e. the Classen test) was «insufficient to ensure that unreliable evidence will be excluded» (24).
Not exact matches
But evident reliability can be deceptive: persons have been wrongly convicted
of murder on the positive
identification of eyewitnesses.
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.
At 9 a.m., NYC Councilwoman Vanessa Gibson, members
of the Central Park 5 and other advocates rally to call on the New York state Legislature to pass a bill that would require police to implement
eyewitness identification reform and to record the entirety
of suspect interrogations, City Hall steps, Manhattan.
In the majority
of cases where DNA evidence has exonerated someone wrongly convicted, the initial
eyewitness identifications were made with low confidence, not high confidence, Wixted says.
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.
Jurisdictions in the United States are increasingly adopting these kinds
of evidence - based
eyewitness identification procedures, and yet improvements remain needed.
Based on their comprehensive analysis, Wixted and Wells conclude that recent advancements in
identification procedures warrant reconsideration
of the role that
eyewitness confidence can play in the legal system.
Many individuals have been falsely accused
of a crime based, at least in part, on confident
eyewitness identifications, a fact that has bred distrust
of eyewitness confidence in the U.S. legal system.
For example, jurors tend to give more weight to the testimony
of eyewitnesses who report that they are very sure about their
identifications even though most studies indicate that highly confident
eyewitnesses are generally only slightly more accurate — and sometimes no more so — than those who are less confident.
But a new report challenges the perception that
eyewitness memory is inherently fallible, finding that
eyewitness confidence can reliably indicate the accuracy
of an
identification made under certain, «pristine» conditions.
In another, researchers at New Mexico State University designed a «faceprint» program for criminal
identification that recombines facial features until they match an
eyewitness's recollection
of the perpetrator's visage.
«Expert Testimony on
Eyewitness Identification: A New Pair
of Glasses for the Jury» A preview
of an article in the American Criminal Law Review.
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.
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 examination
of this issues derives from a series
of studies conducted that document the high error rates connected with
eyewitness identification.
More importantly, and
of particular importance to Pennsylvania, the Court took pains to point out that the trial process offers a defendant a variety
of «means» to challenge an
eyewitness»
identification.
Perry appealed his conviction, claiming that the federal and New Hampshire constitutions prevented the use
of eyewitness testimony when police have manipulated the
identification procedures making it more likely that the
eyewitness would select a specific person as a suspect.
But lost in the ruling is the fact that the Court recognized many
of the issues inherent in
eyewitness identifications.
It calls for video recording
of interrogation
of criminal suspects and enhanced
eyewitness identification procedures.
Since the Report's publication, the Pennsylvania Innocence Project has been working directly with law enforcement agencies to encourage the adoption
of best practices in
eyewitness identification procedures and recording
of suspect interrogations.
The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes
of a misshaped larger system that is rife with faulty
eyewitness identifications, false confessions, biased juries, and racial discrimination.
Sometimes
eyewitness identification can be used to exonerate a person who is wrongfully accused
of a crime.
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.
The National Academy
of Sciences (NAS) has released a new report on
eyewitness identification — «Identifying the Culprit: Assessing Eyewitness Identificati
eyewitness identification — «Identifying the Culprit: Assessing Eyewitness Identifi
identification — «Identifying the Culprit: Assessing
Eyewitness Identificati
Eyewitness IdentificationIdentification.»
In 2011, on the recommendation
of the Innocence Commission, IPF supported, albeit unsuccessfully, the passage
of uniform statewide reforms to how law enforcement perform
eyewitness identification procedures.
The Wisconsin Supreme Court affirmed the defendant's conviction, choosing not to adopt a presumption
of admissibility for expert testimony on
eyewitness identification evidence.
When reviewing convictions, we focus on the forms
of weak evidence which have been proven unreliable over the past few decades — such as mistaken
eyewitness identifications, false confessions, and bad forensics.
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.
There is bad
eyewitness identification; an incomplete and imperfect [police] investigation — they spent two hours at the scene that night [and never returned during the day], and they missed all kinds
of things or didn't bring them up at the trial,» including bloody footprints inside the store.
Leighton Hay was accused as one
of the shooters based on an
eyewitness»
identification of him and circumstantial evidence.
The seminar component
of the Clinic examines the principal problems that lead to the conviction
of the innocent and the leading proposals for reform, including mistaken
eyewitness identification, false confessions, faulty forensic evidence, the role
of forensic DNA testing, post-conviction remedies for innocence claims, the use
of «jailhouse snitches» and other cooperating witnesses, incompetent defense counsel, and police and prosecutorial misconduct.
She regularly serves as a consultant on jury selection and change
of venue motions and as an expert witness in cases involving
eyewitness identification.
For over fifteen years, she has had continuous funding (over $ 1.7 million) from the National Science Foundation for her research applying social psychology to the investigation
of legal issues such as
eyewitness identification, jury decision - making, and scientific evidence.