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Eyewitness identification

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Supreme Court decision), Ohio, and Kentucky. States generally prohibiting it include Pennsylvania and Missouri. Many states have less clear guidelines under appellate court precedent, such as Mississippi, New York, New Hampshire, and New Jersey. It is often difficult to tell whether expert testimony has been allowed in a given state, since if the trial court lets the expert testify, there is generally no record created. On the other hand, if the expert is not allowed, that becomes a ground of appeal if the defendant is convicted. That means that most cases that generate appellate records are cases only in which the expert was disallowed (and the defendant was convicted).
864:. Under the federal standard, if an identification procedure is shown to be unnecessarily suggestive, the court must consider whether certain independent indicia of reliability are present, and if so, weigh those factors against the corrupting effect of the flawed police procedure. Within that framework, the court should determine whether, under the totality of the circumstances, the identification appears to be reliable. If not, the identification evidence must be excluded from evidence under controlling federal precedent. 655:, released a report examining the methodology and claims of the Illinois Report. Their conclusions appeared to have confirmed concerns of the early critics. Researchers reported that the study had a basic flaw that adversely affected its scientific merit, and "guaranteed that most outcomes would be difficult or impossible to interpret." Their primary critique was that variables had been "confounded", making it impossible to draw meaningful comparisons among the methods tested. 1007:
normally be told "that an identification procedure enables suspects to put the reliability of an eye-witness's identification to the test, that the suspect has lost the benefit of that safeguard, and that they should take account of that fact in their assessment of the whole case, giving it such weight as they think fit". Informal identifications made through social media such as Facebook (often in breach of Code D), pose particular problems for the criminal courts.
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for 40 minutes in a well-lit room. The following day, each participant was asked to select his or her interrogator out of either a live or photo lineup. In the case of the photo spread – the most common form of police lineup in the U.S. – those subjected to the high-stress scenario falsely identified someone other than the interrogator in 68% of cases, compared to 12% of misidentifications by persons in the low-stress scenario.
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Preparation for cross-examination, including a witness thinking about how to answer questions regarding the identification, has also been shown to artificially inflate an eyewitness's sense of certainty about it. The same is true if a witness learns that another witness identified the same person. This malleability of eyewitness confidence has been shown to be far more pronounced in cases where the witness turns out to be wrong.
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but will allow a generic instruction, while others find detailed instructions on specific factors to be critical to a fair trial. California allows instructions when police procedures are in conflict with established best practices, for example, and New Jersey mandates an instruction on the cross-race effect when the identification is central to the case and uncorroborated by other evidence.
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should be presented to a witness by himself, rather than showing a group of photos or individuals to a witness together. According to social scientists, use of this procedure will minimize the effects of the "relative judgment" process discussed above. It encourages witnesses to compare each person individually to his or her independent memory of the perpetrator.
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Social scientists are committing more resources to studying and understanding the mechanisms of human memory in the eyewitness context, and lawyers, scholars, and legislators are devoting increasing attention to the fact that faulty eyewitness evidence remains the leading cause of wrongful conviction in the United States.
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Largely in response to the mounting list of wrongful convictions discovered to have resulted from faulty eyewitness evidence, an effort is gaining momentum in the United States to reform police procedures and the various legal rules addressing the treatment of eyewitness evidence in criminal trials.
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When, in the judgment of the trial judge, the quality of the identifying evidence is poor, as for example when it depends solely on a fleeting glance or on a longer observation made in difficult conditions, the judge should withdraw the case from the jury and direct an acquittal unless there is other
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The opportunity that a witness has to view the perpetrator and the level of attention paid have also been shown to affect the reliability of an identification. Attention paid, however, appears to play a more substantial role than other factors like lighting, distance, or duration. For example, when
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The effect of stress on eyewitness recall is widely misunderstood in its effects by the general public, and therefore, by most jurors. Studies have consistently shown that stress has a dramatically negative impact on the accuracy of eyewitness memory, a phenomenon that witnesses themselves often do
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Researchers have studied issues related to cross-racial identification, namely, when the witness and the perpetrator are of different races. A meta-analysis of 25 years of research published in 2001 showed that there is a definitive, statistically significant "cross-race impairment;" that is members
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Any feedback from the lineup administrator following a witness's identification can have a dramatic effect on a witness's sense of their accuracy. A highly tentative "maybe" can be artificially transformed into "100% confident" with a simple comment such as "Good, you identified the actual suspect."
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The critics found the following: The Illinois study compared the traditional simultaneous method of lineup presentation with the sequential double-blind method recommended by recognized researchers in the field. The traditional method is not conducted double-blind (meaning that the person presenting
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According to researchers, use of a simultaneous procedure makes it more likely that witnesses will pick the person in the group who looks the most like their memory of the perpetrator. This introduces a high risk of misidentification when the actual perpetrator is not present in the lineup. In 2006,
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Jennifer Thompson was a college student in North Carolina in 1984, when a man broke into her apartment, put a knife to her throat, and raped her. According to her own account, she studied her rapist throughout the incident with great determination to memorize his face. "I studied every single detail
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The judge should warn the jury of the special need for caution before convicting the accused in reliance on the correctness of the identification or identifications. In addition he should instruct them as to the reason for the need for such a warning and should make some reference to the possibility
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Where the identification of the defendant is in issue (not merely the honesty of the identifier or the fact that the defendant matched a particular description), and the prosecution rely substantially or wholly on the correctness of one or more identifications of the defendant, the judge should give
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Various hypotheses have been tested, including racial animosity on the part of the viewer, and exposure level by the viewer to the other race in question. The cross-race impairment has been observed to substantially overshadow all other variables for witnesses, even when the persons tested have been
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In 2005, the Illinois state legislature commissioned a pilot project to test recommended reform measures intended to increase the accuracy and reliability of police identification procedures. The Chicago police department conducted the study. Its initial report purported to show that the status quo
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automatically mean that the evidence will be excluded, but the judge should consider whether a breach has occurred and what the effect of the breach was on the defendant. If a judge decides to admit evidence where there has been a breach, he should give reasons, and in a jury trial, the jury should
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A study unrelated to eyewitness identification in criminal cases reports that individuals have a much better memory for faces than for numbers. This would indicate that not all eyewitness identifications are equal. An identification where the eyewitness clearly saw the face of the perpetrator would
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In a seminal study on this topic, Yale psychiatrist Charles Morgan and a team of researchers tested the ability of trained, military survival school students to identify their interrogators following low- and high-stress scenarios. In each condition, subjects were face-to-face with an interrogator
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But This criticism ignores the fact that the mandate of the Illinois legislature was to compare the traditional method with the academic method. More significantly, as an experiment to determine whether or not sequential double-blind administration would be superior to the simultaneous methods used
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If a neutral observer is able to select the suspect from the lineup based on the recorded description by the witness – that is, if the suspect is the only one present who clearly fits the description – then the procedure cannot be relied upon as a test of the witness's
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Researchers hypothesized that instructing the witness prior to the lineup might serve to mitigate the occurrence of error. Studies have shown that instructing a witness that the perpetrator "may or may not be present" in the lineup can dramatically reduce the likelihood that a witness will identify
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According to eyewitness researchers, the most likely cause of this misidentification is what is termed the "relative judgment" process. That is, when viewing a group of photos or individuals, a witness tends to select the person who looks "most like" the perpetrator. When the actual perpetrator is
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Criminal defense lawyers often propose detailed jury instructions as a mechanism to offset undue reliance on eyewitness testimony, when factors shown to undermine its reliability are present in a given case. Many state courts prohibit instructions detailing specific eyewitness reliability factors
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When there is a positive correlation between eyewitness confidence and accuracy, it tends to occur when a witness's confidence is measured immediately following the identification, and prior to any confirming feedback. As a result, researchers suggest that a statement of a witness's confidence, in
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One cause of inaccurate identifications results from police lineups that do not include the perpetrator of the crime. In other words, police may suspect one person of having committed a crime, although in fact it was committed by another, still unknown person, who thus is excluded from the lineup.
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on the factors affecting the reliability of eyewitness evidence is allowed in some U.S. jurisdictions, and not in others. In most states, it is left to the discretion of the trial court judge. States generally allowing it include California, Arizona, Colorado, Hawaii, Tennessee (by a 2007 state
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has failed to meet the Court's objective of furthering fairness and reliability." For example, the Court requires that the confidence of the witness be considered as an indicator of the reliability of the identification evidence. As noted above, however, extensive studies in the social sciences
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Detectives interrogating children in the court perhaps lack the necessary training to make them effective perhaps β€œ more work needs to be done in finding effective ways of helping appropriate members of the legal profession to develop skills and understanding in child development and in talking
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The Innocence Project Lineup studies mentioned here previously were never funded, largely because the expected grant funds were withdrawn in connection with economic difficulties. A separate grant was submitted to the Department of Justice in March 2009 by the independent Urban Institute to study
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The police procedures used to collect eyewitness evidence have been found to have strong effects on the conclusions of witnesses. Studies have identified various factors that can affect the reliability of police identification procedures as a test of eyewitness memory. These procedural mechanisms
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Thompson went to the police station later that same day to work up a of her attacker, relying on what she believed was her detailed memory. Several days later, the police constructed a photographic lineup, and she selected Ronald Junior Cotton from the lineup. She later testified against him at
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In any cases where identification may be an issue, a record must be made of the description of the suspect first given by a witness. This should be disclosed to the suspect or his solicitor. If the ability of a witness to make a positive visual identification is likely to be an issue, one of the
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Reform measures mandating that police use established best practices when collecting eyewitness evidence have been implemented in New Jersey, North Carolina, Wisconsin, West Virginia, and Minnesota. Bills on the same topic have been proposed in Georgia, New Mexico, California, Maine, Maryland,
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Researchers have also suggested that the manner in which photos or individuals chosen for a lineup are presented can be key to the reliability of an identification. Specifically, lineups should be conducted sequentially, rather than simultaneously. In other words, each member of a given lineup
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But she was wrong, as DNA results eventually showed. She was presented with her actual attacker during a second trial a year after the attack, but at the time she said that she had never seen that man before in her life. She remained convinced that Cotton had attacked her. It was not until much
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Historically, Brennan said that "All the evidence points rather strikingly to the conclusion that there is almost nothing more convincing than a live human being who takes the stand, points a finger at the defendant, and says 'That's the one!'" Another commentator observed that the eyewitness
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If there is no particular suspect, a witness may be shown photographs or be taken to a neighbourhood in the hope that he recognises the perpetrator. Photographs should be shown to potential witnesses individually (to prevent collusion) and once a positive identification has been made, no other
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Although instructions informing jurors of certain eyewitness identification mistakes are a plausible solution, recent discoveries in research have shown that this gives a neutral effect, "studies suggest that general jury instructions informing jurors of the unreliability of eyewitness
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In those states where expert testimony on eyewitness reliability is not allowed, it is typically on grounds that the various factors are within the common sense of the average juror, and thus not the proper topic of expert testimony. To further expand jurors are " likely to put faith in the
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Once police have identified a suspect, they will typically place that individual into either a live or photo lineup, along with a set of "fillers." Researchers and the DOJ guidelines recommend, as a preliminary matter, that the fillers be "known innocent" non-suspects. This way, if a witness
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The judge should direct the jury to examine closely the circumstances in which the identification by each witness came to be made and remind the jury of any specific weaknesses in the identification evidence. If the witnesses recognised a known defendant, the judge should remind the jury that
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A variety of other factors affect the reliability of eyewitness identification. The elderly and young children tend to recall faces less accurately, as compared to young adults. Intelligence, education, gender, and race, on the other hand, appear to have no effect (with the exception of the
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The legal standards addressing the treatment of eyewitness testimony as evidence in criminal trials vary widely across the United States on issues ranging from the admissibility of eyewitness testimony as evidence, the admissibility and scope of expert testimony on the factors affecting its
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witnesses observe the theft of an item known to be of high value, studies have shown that their higher degree of attention can result in a higher level of identification accuracy (assuming the absence of contravening factors, such as the presence of a weapon, stress, etc.).
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The trial judge should identify to the jury the evidence which he adjudges is capable of supporting the evidence of identification. If there is any evidence or circumstances which the jury might think was supporting when it did not have this quality, the judge should say
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have shown that confidence is unreliable as a predictor of accuracy. Social scientists and legal scholars have also expressed concern that "the list as a whole is substantially incomplete," thereby opening the courthouse doors to the admission of unreliable evidence.
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formal identification procedures in Pace Code D, para 3.5–3.10 is normally used, unless it would serve no useful purpose (e.g. because the suspect was known to the witnesses or if there was no reasonable possibility that a witness could make an identification at all).
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selects someone other than the suspect, the unreliability of that witness's memory is revealed. The lineup procedure can serve as a test of the witness's memory, with clear "wrong" answers. If more than one suspect is included in the lineup – as in the
640:"the design of the project contained so many fundamental flaws that it is fair to wonder whether its sole purpose was to inject confusion into the debate about the efficacy of sequential double-blind procedures and to thereby prevent adoption of the reforms." 671:
simultaneous/sequential lineups in police departments in Connecticut and Washington, D.C. That study had been solicited by DOJ, but was unexpectedly cancelled in August 2009 due to "a low likelihood of success." The Urban Institute is seeking other funding.
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Eyewitness researchers know that the police lineup is, at center, a psychological experiment designed to test the ability of a witness to recall the identity of the perpetrator of a crime. As such, it is recommended that police lineups be conducted in
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trial. She was positive it was him, without any doubt in her mind. "I was sure. I knew it. I had picked the right guy, and he was going to go to jail. If there was the possibility of a death sentence, I wanted him to die. I wanted to flip the switch."
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exists offering tests and demonstrations to prove or show during trial that eyewitnesses can be unaware of people and objects, make incorrect judgments, misremember and invent memories, and differently perceive and misperceive objects and events,
464:, 388 U.S. 218 (1967), the Court has recognized the inherently suspect qualities of eyewitness identification evidence, and described the evidence as "notoriously unreliable", while noting that juries were highly receptive to it. Similarly, in the 633:
was superior to the procedures recommended by researchers to reduce false identifications. The mainstream media spotlighted the report, suggesting that three decades' worth of otherwise uncontroverted social science had been called into question.
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have been termed "system variables" by social scientists researching this systemic problem. "System variables are those that affect the accuracy of eyewitness identifications and over which the criminal justice system has (or can have) control."
736:. This phenomenon has been studied at length by eyewitness researchers. They have consistently found that eyewitnesses recall the identity of a perpetrator less accurately when a weapon was known to be present during the incident. Psychologist 765:" in nature: it begins to drop off sharply within 20 minutes following the initial encoding, and continues to do so exponentially until it begins to level off around the second day at a dramatically reduced level of accuracy. As noted above, 568:
fashion, like any scientific experiment, in order to avert the possibility that inadvertent cues from the lineup administrator will suggest the "correct" answer and thereby subvert the independent memory of the witness. The occurrence of
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on the rapist's face. I looked at his hairline; I looked for scars, for tattoos, for anything that would help me identify him. When and if I survived the attack, I was going to make sure that he was put in prison and he was going to rot."
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with respect to eyewitness identification. Based on the master's report the New Jersey court issued a decision on August 22, 2011 which requires closer examination of the reliability of eyewitness testimony by trial courts in New Jersey.
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Polling data and other surveys of juror knowledge appear to contradict this proposition, however, revealing substantial misconceptions on a number of discrete topics that have been the subject of significant study by social scientists.
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Held: The Due Process Clause does not require a preliminary judicial inquiry into the reliability of an eyewitness identification when the identification was not procured under unnecessarily suggestive circumstances arranged by law
829:, a case which raised similar issues, was decided January 11, 2012 by the U.S. Supreme Court. which in an 8–1 decision decided that judicial examination of eye-witness testimony was required only in the case of police misconduct. 692:"Estimator variables" – that is, factors connected to the witness or to the circumstances surrounding their observation of an individual in an effort at identification can affect the reliability of identification. 480:
The Innocence Project has facilitated the exoneration of 214 men who were wrongfully convicted of crimes as a result of faulty eyewitness evidence. A number of these cases have received substantial attention from the media.
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a pilot study was conducted in Minnesota on this hypothesis. Results showed that the sequential procedure was superior as a means of improving identification accuracy and reducing the occurrence of false identifications.
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states that "Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing." This non-profit organization uses
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Given the common, good faith occurrence of police lineups that do not include the actual perpetrator of a crime, other procedural measures must be undertaken to minimize the likelihood of an inaccurate identification.
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Some researchers state that the rate at which eyewitness memory declines is swift, and the drop-off is sharp, in contrast to the more common view that memory degrades slowly and consistently as time passes. The
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their own words, be taken immediately following an identification. Any future statement of confidence or certainty is widely regarded as unreliable, as many intervening factors can distort it as time passes.
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memory of the actual perpetrator. Researchers have noted that this rule is particularly important when the witness's description includes unique features, such as tattoos, scars, unusual hairstyles, etc.
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the lineup does not know which person or photo is the suspect). The critics claim that the results cannot be compared because one method was not double-blind while the other was double-blind.
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Demonstratives about eyewitness accuracy and reliability can be used as illustrative aids in opening statements and closing arguments, and with expert testimony and eyewitness testimony. A
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be expected to be more reliable than one based on a combination of factors, such as ethnicity, estimated age, estimated height, estimated weight, general body type, hair color, dress, etc.
573:" is well documented across the sciences. Researchers recommend that police lineups be conducted by someone who is not connected to the case and is unaware of the identity of the suspect. 538:
When the actual perpetrator is not included in the lineup, research has shown that the police suspect faces a significantly heightened risk of being incorrectly identified as the culprit.
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used eye-tracking technology to monitor this effect. She found that the presence of a weapon draws a witness's visual focus away from other subjects, such as the perpetrator's face.
468:, the Criminal Law Review Committee, writing in 1971, stated that cases of mistaken identification "constitute by far the greatest cause of actual or possible wrong convictions". 135: 1782: 1627:, 46 Jurimetrics 177, 197 (2006) (citing poll finding over two-thirds of potential District of Columbia jurors do not understand the effects of stress on memory), available 1847:
Syllabus author is anonymous; decision, joined by 6 other justices, was delivered by Ruth Bader Ginsburg with Justice Thomas concurring and Justice Sotomayor dissenting.
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Even before DNA testing revealed wrongful convictions based on eyewitness identifications, courts recognized and discussed the limits of eyewitness testimony. The late
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of any one race are demonstrably deficient in accurately identifying members of another race. The effect appears to be true regardless of the races in question.
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Seeking information on the data and methodology underlying the report, the National Association of Criminal Defense Lawyers (NACDL) filed a lawsuit under the
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is superior to the other. What it does not provide is a clear reason why, because the effect of "double-blind" was not tested for the simultaneous lineups.
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by most police departments, the Illinois study provides an abundance of useful data which, at this point, seems to show that neither of the methods used
1002:, the trial judge may exclude evidence if it would have an adverse effect on the fairness of the proceedings if it were admitted. Breach of Code D does 501:
later, after Cotton had served 11 years in prison and was exonerated, by DNA testing, for wrongful conviction, that Thompson realized she was mistaken.
974:: If it is more suitable than video identification or an identification parade, the witness may be asked to pick a person out after observing a group. 1886: 1890: 1504: 1462: 1714:, 56 Amer. Psychologist 405, 413–14 (2001) (finding a "strong consensus" among researchers on the sharp and rapid decline of eyewitness memory) 1516:
Press Release, "National Legal Group Files Lawsuit Challenging Illinois Police Defense of Traditional Lineups," NACDL, Feb. 8, 2007, available
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Her memory had been mistaken. Cases such as hers have resulted in the emergence of a field within cognitive science dedicated to the study of
1209:, mouse over "Know the Cases," then click "Search Profiles," then search cases with "Eyewitness Misidentification" as the Contributing Cause. 542:
not present in the lineup, the police suspect is often the person who best fits the description, hence his or her selection for the lineup.
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What's the Matter With Illinois? How an Opportunity Was Squandered to Conduct an Important Study on Eyewitness Identification Procedures
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Asking an eyewitness their confidence in their selection with a doubleblind process can improve the accuracy of eyewitness selection.
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Report to the Legislature of the State of Illinois: The Illinois Pilot Program on Sequential Double-Blind Identification Procedures
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Manson v. Brathwaite Revisited: Toward a New Rule of Decision For Due Process Challenges to Eyewitness Identification Procedures
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Acknowledging the importance of such procedural precautions as recommended by leading eyewitness researchers, in 1999 the
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identification of a person as a perpetrator was persuasive to jurors even when "far outweighed by evidence of innocence."
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The known presence of a weapon has also been shown to reduce the accuracy of eyewitness recall, often referred to as the
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to reopen criminal convictions that were made before DNA testing was available as a tool in criminal investigations.
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The Damaging Effect of Confirming Feedback on the Relation Between Eyewitness Certainty and Identification Accuracy
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identifications are not effective in helping jurors to evaluate the reliability of the identification before them"
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The Illinois Field Study: A Significant Contribution to Understanding Real World Eyewitness Identification Issues
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The Illinois Field Study: A Significant Contribution to Understanding Real World Eyewitness Identification Issues
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Eyewitness Memory is Still Not Common Sense: Comparing Jurors, Judges and Law Enforcement to Eyewitness Experts
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that a mistaken witness can be a convincing one and that a number of such witnesses can all be mistaken.
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District of Columbia Public Defender Survey: What Do Jurors Understand About Eyewitness Reliability?
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expert's testimony or even to overestimate the significance of results that the expert reports"
808:, generally considered a leading court with respect to criminal law, a report was prepared by a 825: 570: 280: 140: 102: 82: 2155: 1879: 1661:
Accuracy of Eyewitness Memory for Persons Encountered During Exposure to Highly Intense Stress
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Wixted, John T.; Mickes, Laura; Dunn, John C.; Clark, Steven E.; Wells, William (2016-01-12).
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Improving Eyewitness Identifications: Hennepin County's Blind Sequential Lineup Pilot Project
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The preeminent role of the jury in evaluating questionable evidence was cited by the court.
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Thirty Years of Investigating the Own-Race Bias in Memory for Faces: A Meta-Analytic Review
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Criticism of the report and its underlying methodology soon emerged. One critic said that
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Examining the Responses to the Illinois Study on Double-Blind Sequential Lineup Procedures
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On the "General Acceptance" of Eyewitness Testimony Research: A New Survey of the Experts
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Structure of DNA, which has played a role in exonerations of wrongfully convicted people
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What is Wrong With the Manson v. Brathwaite Test of Eyewitness Identification Accuracy?
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Eyewitness Identification Procedures: Recommendations for Lineups and Photospreads
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mistakes even in the recognition of relatives or close friends are sometimes made.
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standard, however. According to legal scholars, "the rule of decision set out in
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standard governing the admissibility of eyewitness evidence is set forth in the
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Dr. Nancy Steblay's website, with links to substantial eyewitness ID research
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Dr. Steven Penrod's website, with links to substantial eyewitness ID research
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reliability, and the propriety of jury instructions on the same factors. In
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In July 2007, a "blue ribbon" panel of eminent psychologists, including one
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Mack, Jon; Sampson, Richard (2 February 2013). "Facebook Identifications".
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to gain access to the unreleased information. That suit remains pending.
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NACDL's page outlining state-by-state legislative reform efforts, found
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https://www.cs.dm.u-tokai.ac.jp/Publication/csv/pdfs/hypothesis-afss.pdf
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Beyond the Ken? Testing Jurors' Understanding of Eyewitness Evidence
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evidence which goes to support the correctness of the identification.
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Jennifer Thompson, "I Was Certain, but I Was Wrong," June 18, 2000,
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American Psychology-Law Society's page on eyewitness ID publications
2179:: Critical evaluation of the "Illinois Report" by Zack L. Winzeler. 516: 362: 748: 1060:
Department of Justice Guidelines for Conducting Lineup Procedures
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published a set of best practices for conducting police lineups.
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which comprehensively researched published literature and heard
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The law of eyewitness identification evidence in criminal trials
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surrounded by members of the other race for their entire lives.
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Dr. Solomon Fulero's website, with links to relevant documents
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Policy Forum: Studying Eyewitness Investigations in the Field
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is increasingly susceptible to contamination as time passes.
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and the causes underlying its frequently recurring failures.
1906:"Eyewitness Evidence Needs No Special Cautions, Court Says" 1835:
troubling lack of reliability in eyewitness identifications
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Dr. Roy Malpass's Eyewitness ID Research Laboratory Website
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Identification by a person who actually witnessed an event.
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witnesses should be shown the photograph of the suspect.
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Kate Zernike, "Study Fuels Debate Over Police Lineups,"
1108: 984: 1259:(pdf), United States Department of Justice (Oct. 1999) 945: 1340: 743: 589: 1183:, 449 U.S. 341, 352 (1982) (Brennan, J. dissenting). 475: 1820:"In New Jersey, Rules Are Changed on Witness IDs" 1708:Memory: A Contribution to Experimental Psychology 1674:A Meta-Analytic Review of the Weapon Focus Effect 1663:, 27 Int'l J.L. & Psychiatry 265, 272 (2004). 2184: 1897: 1780: 1676:, 16 L. & Hum. Behav. 413 (1992), available 1256:Eyewitness Evidence, A Guide For Law Enforcement 935:Most identification procedures are regulated by 1854:. United States Supreme Court. p. Syllabus 1738:Can We Remember Faces Much Easier Than Numbers? 1347:Proceedings of the National Academy of Sciences 1070:Website of eyewitness researcher Dr. Gary Wells 867:Certain criticisms have been waged against the 776: 695: 584: 1169:Criminal Law Review Committee Eleventh Report, 1055:Massachusetts, New York, Vermont, and others. 688:"Estimator variables" (circumstantial factors) 675:Post-lineup feedback and confidence statements 1792:. Supreme Court of New Jersey. Archived from 1607:Christian A. Meissner & John A. Brigham, 1469:(pdf); Addendum to Illinois Report available 761:" of eyewitness memory has been shown to be " 533:Culprit-present versus culprit-absent lineups 511: 406: 1736:Hiroaki Kikuchi & Shohachiro Nakanishi, 1535: 1533: 1288:, 22 L. & Hum. Behavior 603, 613 (1998). 2087: 2011:, 20 Applied Cognitive Psychol. 115 (2006). 1903: 1611:, 7 Psychol. Pub. Policy & L. 3 (2001). 1557: 615:Simultaneous versus sequential presentation 1889:) CS1 maint: numeric names: authors list ( 1567:, 32 Law & Human Behavior (2008)22–27 1543:, L. Hum. Behavior (July 2007), available 1217: 1215: 993: 954:The formal identification procedures are: 812:during a remand proceeding in the case of 549: 413: 399: 1885:CS1 maint: multiple names: authors list ( 1530: 1384: 1366: 1309: 602: 1840: 1601: 747: 487: 1944:, Timothy O'Toole & Giovanna Shay, 1706:note 11, at 621–22; Herman Ebbinghaus, 1646:, Champion 28 (April 2005), available 1503:, Champion 16 (August 2006), available 1237: 1235: 1212: 727: 576: 2185: 2064:, Crim LR 643 (1995). 2049:(4): 1205–1242 – via heinonline. 2036: 2023:, 727 A.2d 457 (N.J. 1999), available 1990:(4): 1205–1242 – via heinonline. 1977: 1817: 1653: 1148: 1065:NLADA resource on Eyewitness ID Issues 1010: 517:"System variables" (police procedures) 460:observed in 1980 that "At least since 1328:10.1038/scientificamericanmind0516-17 1000:Police and Criminal Evidence Act 1984 937:Police and Criminal Evidence Act 1984 919:repository of video illustrative aids 1818:Weiser, Benjamin (August 24, 2011). 1585:, 87 J. Applied Psychol. 112 (2002). 1245:, 54 Annu. Rev. Psychol. 277 (2003). 1232: 985:Where there is no particular suspect 925: 899: 1948:, 41 Valparaiso L. Rev. 109 (2006). 1092:NACDL's Eyewitness ID Resource page 946:Where there is a particular suspect 879: 13: 1781:Geoffrey Gaulkin (June 18, 2010). 1774: 1241:Gary Wells & Elizabeth Olson, 744:Rapid decline of eyewitness memory 597:2006 Duke University lacrosse case 14: 2214: 2164: 1693:11 L. & Hum. Behav. 55 (1987) 1040: 912: 1904:Adam Liptak (January 11, 2012). 1691:Some Facts About "Weapon Focus," 845: 2145: 2133: 2120: 2100: 2081: 2067: 2053: 2030: 2014: 1994: 1971: 1951: 1935: 1923: 1811: 1762: 1746: 1730: 1717: 1696: 1683: 1666: 1614: 1588: 1572: 1510: 1493: 1476: 1458:("Illinois Report"), available 1449: 1429: 1413: 1401: 1334: 1303: 1291: 1275: 1262: 1248: 1132:Law.com Legal Dictionary Online 476:Known cases of eyewitness error 21:Identification (disambiguation) 2130:of the Judicial Studies Board. 1783:"Report of the Special Master" 1659:Charles A. Morgan III et al., 1312:"Are You Sure That's the Guy?" 1199: 1186: 1174: 1162: 1143:"Eyewitness Misidentification" 1136: 1125: 930: 702:Cross-race identification bias 433:, evidence is received from a 1: 1702:See, e.g. Gary Wells et al., 1563:Mecklenberg, Bailey, Larson, 1310:Greenwood, Veronique (2016). 1119: 628:"Illinois Report" controversy 559:"Blind" lineup administration 1797:(report of a special master) 1710:(1885/1913); Kassin et al., 1689:Elizabeth F. Loftus et al., 1539:Daniel L. Schachter et al., 777:Other circumstantial factors 696:Cross-racial identifications 585:Lineup structure and content 321:Declaration against interest 189:Self-authenticating document 7: 10: 2219: 2090:Criminal Law & Justice 1486:April 19, 2006, available 699: 646:Freedom of Information Act 512:Causes of eyewitness error 18: 2037:Walker, Suedabeh (2013). 1978:Walker, Suedabeh (2013). 1045: 1019:a direction to the jury: 714: 427:eyewitness identification 199:Hague Evidence Convention 88:Eyewitness identification 2007:note 17; Benton et al., 1849:"Perry v. New Hampshire" 1672:Nancy Mehrkens Steblay, 1316:Scientific American Mind 1207:www.innocenceproject.org 590:"Known innocent" fillers 326:Present sense impression 136:Public policy exclusions 1790:New Jersey v. Henderson 1368:10.1073/pnas.1516814112 994:Breaches of PACE Code D 815:New Jersey v. Henderson 798: 720:not take into account. 550:Pre-lineup instructions 458:William J. Brennan, Jr. 1581:Amy Bradfield et al., 836: 826:Perry v. New Hampshire 753: 642: 603:Filler characteristics 493: 103:Consciousness of guilt 1932:, 432 U.S. 98 (1977). 1158:, 449 U.S. 341 (1980) 966:Identification parade 831: 751: 734:"weapon-focus effect" 638: 527:Department of Justice 491: 462:United States v. Wade 252:Recorded recollection 2111:Alexander and McGill 1960:at 113; Gary Wells, 1723:M.P. Gerrie et al., 1642:Timothy P. O'Toole, 1499:Timothy P. O'Toole, 1243:Eyewitness Testimony 972:Group identification 960:Video identification 861:Manson v. Brathwaite 728:Presence of a weapon 577:Confidence judgement 555:an innocent person. 286:in United States law 19:For other uses, see 1426:note 11, at 614–15. 1359:2016PNAS..113..304W 1284:Gary Wells et al., 1268:Wells & Olson, 1194:Eyewitness Evidence 998:Under s. 78 of the 126:Laying a foundation 2128:specimen direction 2003:Schmechel et al., 1910:The New Yort Times 1878:has generic name ( 1824:The New York Times 1634:2007-09-28 at the 1623:Schmechel et al., 1550:2007-12-04 at the 1523:2007-08-04 at the 1465:2007-08-13 at the 1192:Elizabeth Loftus, 1181:Watkins v. Souders 1156:Watkins v. Sowders 1097:2007-09-27 at the 1075:2009-02-04 at the 856:U.S. Supreme Court 754: 665:in that experiment 494: 454:U.S. Supreme Court 382:trusts and estates 262:Dead Man's Statute 227:Direct examination 184:Best evidence rule 2043:Emory Law Journal 1984:Emory Law Journal 926:England and Wales 900:Jury instructions 784:cross-race effect 767:eyewitness memory 752:Eyewitness Memory 571:experimenter bias 506:eyewitness memory 442:Innocence Project 423: 422: 343:Implied assertion 306:Dying declaration 301:Excited utterance 247:Proffer agreement 232:Cross-examination 45:Types of evidence 2210: 2193:Criminal justice 2159: 2149: 2143: 2137: 2131: 2124: 2118: 2113:EWCA Crim 2768; 2109:EWCA Crim 1413; 2104: 2098: 2097: 2085: 2079: 2077: 2071: 2065: 2063: 2057: 2051: 2050: 2034: 2028: 2021:State v. Cromedy 2018: 2012: 1998: 1992: 1991: 1975: 1969: 1955: 1949: 1939: 1933: 1927: 1921: 1920: 1918: 1916: 1901: 1895: 1894: 1883: 1877: 1873: 1871: 1863: 1861: 1859: 1853: 1844: 1838: 1837: 1832: 1830: 1815: 1809: 1808: 1806: 1804: 1798: 1787: 1778: 1772: 1766: 1760: 1750: 1744: 1734: 1728: 1721: 1715: 1700: 1694: 1687: 1681: 1670: 1664: 1657: 1651: 1618: 1612: 1605: 1599: 1598:note 11, 629–30. 1592: 1586: 1576: 1570: 1561: 1555: 1537: 1528: 1514: 1508: 1497: 1491: 1480: 1474: 1453: 1447: 1433: 1427: 1417: 1411: 1405: 1399: 1398: 1388: 1370: 1338: 1332: 1331: 1307: 1301: 1295: 1289: 1279: 1273: 1266: 1260: 1252: 1246: 1239: 1230: 1219: 1210: 1203: 1197: 1190: 1184: 1178: 1172: 1166: 1160: 1152: 1146: 1140: 1134: 1129: 885:Expert testimony 880:Expert testimony 842:with children” 820:expert testimony 759:forgetting curve 738:Elizabeth Loftus 415: 408: 401: 338:Learned treatise 316:Ancient document 296:Business records 194:Ancient document 174:Chain of custody 26: 25: 2218: 2217: 2213: 2212: 2211: 2209: 2208: 2207: 2183: 2182: 2167: 2162: 2150: 2146: 2138: 2134: 2125: 2121: 2105: 2101: 2086: 2082: 2073: 2072: 2068: 2059: 2058: 2054: 2035: 2031: 2019: 2015: 1999: 1995: 1976: 1972: 1956: 1952: 1940: 1936: 1928: 1924: 1914: 1912: 1902: 1898: 1884: 1875: 1874: 1865: 1864: 1857: 1855: 1851: 1845: 1841: 1828: 1826: 1816: 1812: 1802: 1800: 1799:on June 1, 2011 1796: 1785: 1779: 1775: 1767: 1763: 1759:note 4, 280–81. 1751: 1747: 1740:– available at 1735: 1731: 1722: 1718: 1701: 1697: 1688: 1684: 1671: 1667: 1658: 1654: 1636:Wayback Machine 1619: 1615: 1606: 1602: 1593: 1589: 1577: 1573: 1562: 1558: 1552:Wayback Machine 1538: 1531: 1525:Wayback Machine 1515: 1511: 1498: 1494: 1484:New York Times, 1481: 1477: 1467:Wayback Machine 1454: 1450: 1434: 1430: 1418: 1414: 1406: 1402: 1339: 1335: 1308: 1304: 1296: 1292: 1280: 1276: 1272:note 4, at 286. 1267: 1263: 1253: 1249: 1240: 1233: 1220: 1213: 1204: 1200: 1191: 1187: 1179: 1175: 1167: 1163: 1153: 1149: 1141: 1137: 1130: 1126: 1122: 1099:Wayback Machine 1077:Wayback Machine 1048: 1043: 1016: 996: 987: 948: 933: 928: 915: 902: 882: 848: 801: 796: 779: 746: 730: 717: 704: 698: 690: 677: 630: 617: 605: 592: 587: 579: 561: 552: 535: 519: 514: 478: 419: 311:Party admission 179:Judicial notice 121:Burden of proof 63:Real (physical) 24: 17: 12: 11: 5: 2216: 2206: 2205: 2200: 2195: 2181: 2180: 2174: 2166: 2165:External links 2163: 2161: 2160: 2144: 2132: 2119: 2117:EWCA Crim 1845 2107:R v McCullough 2099: 2080: 2066: 2052: 2029: 2013: 1993: 1970: 1950: 1934: 1922: 1896: 1852:(Slip opinion) 1839: 1810: 1773: 1761: 1755:Wells et al., 1745: 1729: 1725:False Memories 1716: 1695: 1682: 1665: 1652: 1613: 1600: 1594:Wells et al., 1587: 1571: 1556: 1529: 1509: 1492: 1475: 1448: 1428: 1422:Wells et al., 1412: 1400: 1353:(2): 304–309. 1333: 1302: 1290: 1274: 1261: 1247: 1231: 1223:New York Times 1211: 1198: 1185: 1173: 1161: 1147: 1135: 1123: 1121: 1118: 1117: 1116: 1111: 1106: 1101: 1089: 1084: 1079: 1067: 1062: 1047: 1044: 1042: 1041:Reform efforts 1039: 1038: 1037: 1033: 1029: 1025: 1015: 1009: 995: 992: 986: 983: 982: 981: 975: 969: 963: 947: 944: 932: 929: 927: 924: 914: 913:Demonstratives 911: 901: 898: 881: 878: 847: 844: 810:special master 800: 797: 795: 792: 778: 775: 745: 742: 729: 726: 716: 713: 700:Main article: 697: 694: 689: 686: 676: 673: 653:Nobel Laureate 629: 626: 616: 613: 604: 601: 591: 588: 586: 583: 578: 575: 560: 557: 551: 548: 534: 531: 518: 515: 513: 510: 477: 474: 466:United Kingdom 421: 420: 418: 417: 410: 403: 395: 392: 391: 390: 389: 384: 375: 370: 365: 357: 356: 348: 347: 346: 345: 340: 335: 328: 323: 318: 313: 308: 303: 298: 293: 288: 283: 281:in English law 275: 274: 273:and exceptions 267: 266: 265: 264: 259: 257:Expert witness 254: 249: 244: 239: 234: 229: 224: 219: 211: 210: 204: 203: 202: 201: 196: 191: 186: 181: 176: 168: 167: 165:Authentication 161: 160: 159: 158: 153: 148: 143: 138: 133: 128: 123: 115: 114: 108: 107: 106: 105: 100: 95: 90: 85: 80: 75: 70: 65: 60: 55: 47: 46: 42: 41: 33: 32: 15: 9: 6: 4: 3: 2: 2215: 2204: 2201: 2199: 2196: 2194: 2191: 2190: 2188: 2178: 2175: 2172: 2169: 2168: 2157: 2153: 2148: 2141: 2140:R v. Turnbull 2136: 2129: 2123: 2116: 2112: 2108: 2103: 2095: 2091: 2084: 2076: 2070: 2062: 2056: 2048: 2044: 2040: 2033: 2026: 2022: 2017: 2010: 2006: 2002: 1997: 1989: 1985: 1981: 1974: 1967: 1963: 1959: 1954: 1947: 1943: 1938: 1931: 1926: 1911: 1907: 1900: 1892: 1888: 1881: 1876:|author= 1869: 1850: 1843: 1836: 1825: 1821: 1814: 1795: 1791: 1784: 1777: 1770: 1765: 1758: 1754: 1749: 1743: 1739: 1733: 1726: 1720: 1713: 1709: 1705: 1699: 1692: 1686: 1679: 1675: 1669: 1662: 1656: 1649: 1645: 1641: 1637: 1633: 1630: 1626: 1622: 1617: 1610: 1604: 1597: 1591: 1584: 1580: 1575: 1569: 1566: 1560: 1553: 1549: 1546: 1542: 1536: 1534: 1526: 1522: 1519: 1513: 1506: 1502: 1496: 1489: 1485: 1479: 1472: 1468: 1464: 1461: 1457: 1452: 1445: 1441: 1437: 1436:Amy Klobuchar 1432: 1425: 1421: 1416: 1409: 1404: 1396: 1392: 1387: 1382: 1378: 1374: 1369: 1364: 1360: 1356: 1352: 1348: 1344: 1337: 1329: 1325: 1321: 1317: 1313: 1306: 1299: 1294: 1287: 1283: 1278: 1271: 1265: 1258: 1257: 1251: 1244: 1238: 1236: 1228: 1225:. 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Allen 2001:See, e.g., 1829:August 25, 1803:August 25, 1579:See, e.g., 1410:at 625-26. 1282:See, e.g., 1120:References 1014:directions 806:New Jersey 353:common law 332:Res gestae 217:Competence 141:Spoliation 2115:DZ and JZ 1942:See, e.g. 1377:0027-8424 1322:(3): 17. 1196:9 (1979). 1171:Cmnd 4991 222:Privilege 208:Witnesses 146:Character 112:Relevance 53:Testimony 2126:See the 1868:cite web 1640:see also 1632:Archived 1548:Archived 1521:Archived 1463:Archived 1438:et al., 1395:26699467 1095:Archived 1073:Archived 1012:Turnbull 858:case of 456:Justice 373:Property 363:Contract 237:Redirect 30:Evidence 1958:See id. 1771:at 282. 1408:See id. 1386:4720310 1355:Bibcode 1300:at 623. 435:witness 271:Hearsay 68:Digital 2142:QB 224 2075:R v. Z 1930:Manson 1680:(pdf). 1554:(pdf). 1473:(pdf). 1446:(pdf). 1393:  1383:  1375:  940:Code D 873:Manson 869:Manson 715:Stress 351:Other 40:series 2096:: 77. 2005:supra 1786:(PDF) 1757:supra 1704:supra 1596:supra 1424:supra 1270:supra 1036:so... 429:, in 378:Wills 355:areas 151:Habit 2156:here 2025:here 1966:here 1917:2012 1891:link 1887:link 1880:help 1860:2012 1831:2011 1805:2011 1678:here 1648:here 1629:here 1545:here 1518:here 1505:here 1488:here 1471:here 1460:here 1444:here 1391:PMID 1373:ISSN 1227:here 1205:See 1046:U.S. 799:U.S. 440:The 368:Tort 98:Lies 2152:See 2094:177 1769:Id. 1753:See 1621:See 1420:See 1381:PMC 1363:doi 1351:113 1324:doi 1298:Id. 1004:not 425:In 38:law 2189:: 2092:. 2047:62 2045:. 2041:. 1988:62 1986:. 1982:. 1908:. 1872:: 1870:}} 1866:{{ 1833:. 1822:. 1788:. 1638:; 1532:^ 1389:. 1379:. 1371:. 1361:. 1349:. 1345:. 1320:27 1318:. 1314:. 1234:^ 1229:.) 1214:^ 942:. 380:, 2158:. 2027:. 1968:. 1919:. 1893:) 1882:) 1862:. 1807:. 1650:. 1527:. 1507:. 1490:. 1397:. 1365:: 1357:: 1330:. 1326:: 1145:. 757:" 569:" 414:e 407:t 400:v 23:.

Index

Identification (disambiguation)
Evidence
law
Testimony
Documentary
Real (physical)
Digital
Exculpatory
Inculpatory
Demonstrative
Eyewitness identification
Genetic (DNA)
Lies
Consciousness of guilt
Relevance
Burden of proof
Laying a foundation
Materiality
Public policy exclusions
Spoliation
Character
Habit
Similar fact
Authentication
Chain of custody
Judicial notice
Best evidence rule
Self-authenticating document
Ancient document
Hague Evidence Convention

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