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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."
Identifying the Culprit: Assessing Eyewitness Identification (2014) - free download of book by the National Academy of Sciences summarizing research and recommending best practices; Evidence-based justice: Corrupted memory, Nature, 14 Aug 2013 "Supreme Judicial Court Study Group on Eyewitness Evidence Report and Recommendations" (PDF). 2013-07-25
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]
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 ...
Experts have found evidence to suggest that eyewitness memory is fallible. [1] It has long been speculated that mistaken eyewitness identification plays a major role in the wrongful conviction of innocent individuals. A growing body of research now supports this speculation, indicating that mistaken eyewitness identification is responsible for ...
However, under Federal Rule of Evidence 801 and the minority of U.S. jurisdictions that have adopted this rule, a prior inconsistent statement may be introduced as evidence of the truth of the statement itself if the prior statement was given in live testimony and under oath as part of a formal hearing, proceeding, trial, or deposition. [2]
Although eyewitness testimony is often assumed to be more reliable than circumstantial evidence, studies have established that individual, separate witness testimony is often flawed. [4] Mistaken eyewitness identification may result from such factors as faulty observation and recollection, or bias, or may involve a witness's knowingly giving ...
Coincidence evidence is evidence using the unlikelihood of two or more events occurring coincidentally in order to prove that a person did a particular act. Judges have to determine whether these types of evidence, based on how the parties are looking to use the evidence; this determines which admissibility test applies, and what directions to ...