The Case for Eyewitness Identification Reform - William Collins cover
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The Case for Eyewitness Identification Reform - William Collins

ISBN
9781639055203
Publisher
American Bar Association
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The Case for Eyewitness Identification Reform William Collins ISBN 9781639055203

The Case for Eyewitness Identification Reform is organized into five focused chapters that build a comprehensive argument for change.

  • Chapter 1 describes the eyewitness identification procedures currently used in most jurisdictions.

  • Chapter 2 examines the legal framework governing the admissibility of eyewitness identification evidence, focusing primarily on Manson v. Brathwaite, as well as the jury instructions traditionally used to evaluate such evidence, most notably those derived from Telfaire v. United States.

  • Chapter 3 presents modern scientific understanding of human memory and perception and explains how these processes affect the reliability of eyewitness identifications.

  • Chapter 4 critiques the Manson and Telfaire standards in light of contemporary research on memory and perception, and reviews prior reform efforts aimed at strengthening deterrence and reducing wrongful convictions.

  • Chapter 5 synthesizes this analysis by identifying key system and estimator variables and advancing a three-pronged reform proposal: excluding identification evidence that (1) is obtained through suggestive procedures considering all system variables; (2) lacks probative value that substantially outweighs its prejudicial effect when both system and estimator variables are assessed; and (3) ensuring that juries are instructed to evaluate eyewitness evidence with explicit consideration of both system and estimator variables implicated in the case.

The Case for Eyewitness Identification Reform William Collins ISBN 9781639055203, 978-1639055203 & 9781639055210

Author
William Collins