Due Process Challenges to Eyewitness Identification Based on Pre-Trial Photographic Arrays

47 Pages Posted: 10 Jun 2010

Date Written: 1994

Abstract

Studies have shown that jurors tend to trust eyewitness testimony and evidentiary rules permit juries to convict solely on the basis of an eyewitness’ identification. Eyewitness testimony has been shown to be unreliable, however, and nearly fifty percent of those wrongly convicted were convicted based on eyewitness identification. This articles outlines the application of current procedural safeguards to protect an accused who has been the subject of a pretrial identification based on a photo array. It also explores the "fit" between the predictors of reliability, as demonstrated by empirical studies, and the rulings on reliability made by the courts.

Keywords: Eyewitness Testimony, Identification, Wrongful Convictions

Suggested Citation

Mayer, Connie, Due Process Challenges to Eyewitness Identification Based on Pre-Trial Photographic Arrays (1994). Pace Law Review, Vol. 13, p. 815, 1994, Albany Law School Research Paper, Available at SSRN: https://ssrn.com/abstract=1623255

Connie Mayer (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

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