Beyond Manson and Lukolongo: A Critique of American and Zambian Eyewitness Law with Recommendations for Reform in the Developing World

48 Pages Posted: 4 May 2009 Last revised: 16 Nov 2014

Nicholas Alden Kahn-Fogel

University of Arkansas at Little Rock - William H. Bowen School of Law

Date Written: April 28, 2009

Abstract

This article is a comparative analysis of U.S. and Zambian eyewitness law. I analyze the two countries' approaches to eyewitness law in the context of the longstanding debate on whether rules or standards best effectuate underlying social values. With regard to the United States, I conclude that either a rule or a standard for admission of eyewitness evidence could provide effective protection of defendants' due process rights while also promoting the societal interest in admitting reliable proof of guilt. I then conduct the first comprehensive analysis of Zambian eyewitness cases and conclude that Zambian eyewitness law is, in some ways, superior to the law in the United States. Ultimately, I argue that threats to judicial independence and extreme lack of legal resources in Zambia make rules superior to standards for eyewitness law in that country. I speculate that this analysis may have relevance in other developing countries and beyond the realm of eyewitness law.

Suggested Citation

Kahn-Fogel, Nicholas Alden, Beyond Manson and Lukolongo: A Critique of American and Zambian Eyewitness Law with Recommendations for Reform in the Developing World (April 28, 2009). Florida Journal of International Law, Vol. 20, No. 3, 2008. Available at SSRN: https://ssrn.com/abstract=1396479

Nicholas Alden Kahn-Fogel (Contact Author)

University of Arkansas at Little Rock - William H. Bowen School of Law ( email )

1201 McMath Street
Little Rock, AR 72202
United States

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