eyewitness ID

San Jose Mercury News: Santa Clara County DA program aims to boost reliability of eyewitness identifications

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According to the Innocence Project, eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing. Implementing this program is a step in the right direction to make sure that justice can be properly carried out.  Submission post by Charisse Domingo

SANTA CLARA COUNTY DA PROGRAM AIMS TO BOOST RELIABILITY OF EYEWITNESS IDENTIFICATIONS

By Tracey Kaplan
02/04/2012 06:40:08 AM PST

To boost the reliability of eyewitness identifications, every police department in Santa Clara County has recently begun videotaping or recording most witnesses as they pick out a suspect from a set of photos or a live lineup.

The practice, spearheaded by District Attorney Jeff Rosen, is the latest technique law enforcement agencies across the nation are using to try to reduce wrongful convictions. In the Bay Area, police in San Francisco, Oakland and Pleasant Hill are among those who also have adopted it.

But Santa Clara County is believed to be the only county in the state where every police agency from the Highway Patrol to campus officers at San Jose State has signed a protocol agreeing to it.

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New York Times: The Certainty of Memory Has Its Day in Court

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According to the Innocence Project, 75% of post-conviction DNA exoneration cases cited witness misidentification testimony as a factor, making it the leading cause of wrongful convictions in the United States.  This month, the Supreme Court heard the first of oral arguments in a case that questions witness testimony as the “gold standard” of criminal prosecution.  Submission post by Charisse Domingo

THE CERTAINTY OF MEMORY HAS ITS DAY IN COURT
by Laura Beil
New York Times
November 28, 2011

Witness testimony has been the gold standard of the criminal justice system, revered in courtrooms and crime dramas as the evidence that clinches a case.

Yet scientists have long cautioned that the brain is not a filing cabinet, storing memories in a way that they can be pulled out, consulted and returned intact. Memory is not so much a record of the past as a rough sketch that can be modified even by the simple act of telling the story.

For scientists, memory has been on trial for decades, and courts and public opinion are only now catching up with the verdict. It has come as little surprise to researchers that about 75 percent of DNA-based exonerations have come in cases where witnesses got it wrong. Continue reading →

New York Times: Rules Are Changed on Witness IDs

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In landmark decision that will likely impact courts across the country, the New York Times reports on a New Jersey Supreme Court decision regarding eyewitness identifications. Post Submission by Aram James.

The New Jersey Supreme Court, acknowledging a “troubling lack of reliability in eyewitness identifications,” issued sweeping new rules on Wednesday making it easier for defendants to challenge such evidence in criminal cases.

The court said that whenever a defendant presents evidence that a witness’s identification of a suspect was influenced, by the police, for instance, a judge must hold a hearing to consider a broad range of issues. These could include police behavior, but also factors like lighting, the time that had elapsed since the crime or whether the victim felt stress at the time of the identification. Continue reading →