Description

Of the 347 U.S. false criminal convictions overturned so far through DNA testing 73% were based on erroneous eyewitness testimony. How could so many eyewitnesses be wrong? How Can So Many Be Wrong? answers that question. The analysis of the U.S. Supreme Court eyewitness cases shows that most the Court’s holdings were likely in error. The Court—like the judges and juries in the courts below—greatly overestimated the reliability of eyewitnesses against the defendants and decided their convictions based on unsound evidence. The facts of the cases and personalities of the defendants are engaging, even compelling. An expert is needed to inform the judge and the jury of the circumstances to consider when weighing the testimony of the witness against the facts of the case. It is a clear violation of Due Process to deny the defendant the provision of an expert witness in all cases where the eyewitness testimony lacks corroboration Research assessing both cross-examination and jury instructions makes it abundantly clear that neither can effectively provide courts with the counterintuitive information necessary to evaluate eyewitness reliability. Denial of an expert is denial of Due Process.

How Can So Many Be Wrong?: Making the Due Process Case for an Eyewitness Expert

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Hardback by Margaret A. Hagen , Sou Hee (Sophie) Yang

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Description:

Of the 347 U.S. false criminal convictions overturned so far through DNA testing 73% were based on erroneous eyewitness testimony.... Read more

    Publisher: Lexington Books
    Publication Date: 04/04/2019
    ISBN13: 9781498579872, 978-1498579872
    ISBN10: 1498579876

    Number of Pages: 246

    Non Fiction , Law , Education

    Description

    Of the 347 U.S. false criminal convictions overturned so far through DNA testing 73% were based on erroneous eyewitness testimony. How could so many eyewitnesses be wrong? How Can So Many Be Wrong? answers that question. The analysis of the U.S. Supreme Court eyewitness cases shows that most the Court’s holdings were likely in error. The Court—like the judges and juries in the courts below—greatly overestimated the reliability of eyewitnesses against the defendants and decided their convictions based on unsound evidence. The facts of the cases and personalities of the defendants are engaging, even compelling. An expert is needed to inform the judge and the jury of the circumstances to consider when weighing the testimony of the witness against the facts of the case. It is a clear violation of Due Process to deny the defendant the provision of an expert witness in all cases where the eyewitness testimony lacks corroboration Research assessing both cross-examination and jury instructions makes it abundantly clear that neither can effectively provide courts with the counterintuitive information necessary to evaluate eyewitness reliability. Denial of an expert is denial of Due Process.

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