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In eyewitness identification, in criminal law, evidence is received from a witness "who has actually seen an event and can so testify in court". [1]The Innocence Project 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."
The responsibility to evaluate the credibility of eyewitness testimony falls on each individual juror, when such evidence is offered as testimony in a trial in the United States. [6] Research has shown that mock juries are often unable to distinguish between a false and accurate eyewitness testimony.
It has long been speculated that mistaken eyewitness identification plays a major role in wrongful conviction of otherwise innocent individuals. A growing body of research now supports this, and some research indicates that mistaken eyewitness identification accounts for more convictions of the innocent than all other factors combined.
The Innocence Project was established in the wake of a study by the U.S. Department of Justice and U.S. Senate, in conjunction with Yeshiva University's Benjamin N. Cardozo School of Law, which claimed that incorrect identification by eyewitnesses was a factor in over 70% of wrongful convictions.
Through staged crime experiments involving unsuspecting participants, Wells' research has significantly shaped a scientific understanding of issues surrounding the reliability of eyewitness identification evidence, and highlighting the role that inadequate lineup procedures play in leading to mistaken eyewitness identification, and fostering ...
It is evident that misidentification is not uncommon with police lineups. In a study published by the Association for Psychological Science, scientists discovered that in a group of 349 people that had been exonerated with DNA evidence, 258 of these people (roughly 3 out of every 4) were involved in mistaken eyewitness identification. [24]
A leading question is a question that suggests a particular answer and contains information the examiner is looking to have confirmed. [1] The use of leading questions in court to elicit testimony is restricted in order to reduce the ability of the examiner to direct or influence the evidence presented.
Evidence of post-crime conduct that may in the context of a particular case evince a defendant's consciousness of guilt of the offense with which the defendant is charged is admissible. A consciousness of guilt may, for example, be evinced by a false alibi or explanation for one's actions, intimidation of a witness, destruction or concealment ...