I’ve posted already about the Oregon case – Oregon v. Lawson. Here is a piece from the excellent Concurring Opinions blog about eyewitness testimony. I would like to underscore Brandon’s point about reform efforts that are currently underway. While for the most part, the criminal justice process is stuck in a bad place (thanks to…
Continue reading ›Maybe not. There is quite a bit of research and anecdotal evidence to show that eyewitness testimony can be unreliable. Now New Jersey is in the frontline of making sure a jury is aware of the potential problems with eyewitness testimony. To quote the ABA Journal. New jury instructions in New Jersey will warn that…
Continue reading ›Professor Colin Miller has posted an excellent piece about the current status of expert testimony about the inaccuracies of eyewitness identification. I have done several posts on this blog (here, here, here, here, here, and here) about the inaccuracy of regular and cross-racial eyewitness identifications and whether expert testimony about this inaccuracy should be allowed.…
Continue reading ›Eyewitness Identifications and State Courts as Guardians Against Wrongful Conviction Sandra Guerra Thompson University of Houston Law Center Ohio State Journal of Criminal Law, Forthcoming University of Houston Law Center No. 2010-A-1 Abstract: Despite a growing awareness that mistaken eyewitness identifications contribute significantly to wrongful convictions, most courts continue to apply federal due process criteria…
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