Supreme Court to re-examine teh valueof eyewitness testimony
Studies have shown that roughly one-third of postive witness identifications are totally wrong. Many of these (as many as 25,000 a year) result in wrongful convictions, while the actual perpetrators walk free and clear.
34 Years Later, Supreme Court Will Revisit Eyewitness IDs - NYTimes.com
In November, the Supreme Court will return to the question of what the Constitution has to say about the use of eyewitness evidence. The last time the court took a hard look at the question was in 1977. Since then, the scientific understanding of human memory has been transformed.
Indeed, there is no area in which social science research has done more to illuminate a legal issue. More than 2,000 studies on the topic have been published in professional journals in the past 30 years.
What they collectively show is that it is perilous to base a conviction on a witness’s identification of a stranger. Memory is not a videotape. It is fragile at best, worse under stress and subject to distortion and contamination.
The unreliability of eyewitness identification is matched by its power.
“There is almost nothing more convincing,” Justice William J. Brennan Jr. wrote in a 1981 dissent, quoting from a leading study, “than a live human being who takes the stand, points a finger at the defendant, and says, ‘That’s the one!’ ”
The American Psychological Association, in a friend-of-the-court brief in the new Supreme Court case, said “research shows that juries tend to ‘over believe’ eyewitness testimony.”
Experts in the field are pleased that the Supreme Court will again consider the place of eyewitness evidence in the criminal justice system.
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