NCJ Number
38823
Journal
ALABAMA LAWYER Volume: 37 Issue: 4 Dated: (OCTOBER 1976) Pages: 563-590
Date Published
1976
Length
28 pages
Annotation
UNWARRANTED RELIANCE UPON EYEWITNESS IDENTIFICATION AND TESTIMONY IN THE COURTS IS DISCUSSED, AND VIABLE LEGISLATIVE AND JUDICIAL SAFEGUARDS TO ALLEVIATE FUTURE 'MISTAKEN IDENTITY' INJUSTICES ARE PROPOSED.
Abstract
ALSO CONSIDERED IS THE UNRELIABILITY OF THE HUMAN CAPACITIES OF PERCEPTION, RETENTION, AND RECALL. THE PROBLEM OF PROCEDURES EMPLOYED IN PRETRIAL IDENTIFICATION IS EXPLORED, EXPLAINING POSSIBLE AVENUES OF PREJUDICE IN PHOTOSPREAD AND LINE-UP IDENTIFICATION. THE AUTHORS ALSO ANALYZE THE OBSERVER'S CAPACITY FOR PERCEPTION, MEMORY, AND ABILITY TO COMMUNICATE WHAT HE OBSERVED. DOCUMENTED RESEARCH EVIDENCING THE FALLIBILITY OF EYEWITNESS IDENTIFICATION AND SUBSEQUENT TESTIMONY IS MENTIONED. THE ARTICLE CONCLUDES WITH PROPOSED PROCEDURAL SAFEGUARDS FOR PROTECTING DEFENDANTS AGAINST CONVICTION BASED ON TAINTED EYEWITNESS EVIDENCE. (AUTHOR ABSTRACT MODIFIED)...KAP