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Published on: December 24, 2015
Eyewitness identification law reform: the need for persistence
1Law Faculty, Department of Psychology, Monash University. I.Freckelton@vicbar.com.au
Journal of Law and Medicine
|April 23, 2013
Summary
Eyewitness identification evidence poses significant risks, as shown by overturned convictions and psychology research. Legal systems must better incorporate social science findings to prevent misidentification and wrongful convictions.
Area of Science:
- Forensic Psychology
- Legal Psychology
- Criminal Justice
Background:
- Extensive research, including DNA evidence and experimental psychology, highlights the unreliability of eyewitness identification.
- Legal systems worldwide have implemented safeguards like identification parades and judicial warnings to mitigate these risks.
Purpose of the Study:
- To analyze the limitations of legal checks, specifically the due process check in the U.S. Supreme Court case Perry v. New Hampshire, in addressing eyewitness misidentification.
- To advocate for greater integration of social science research into legal practices to reduce wrongful convictions.
Main Methods:
- Review of legal precedents, focusing on Supreme Court decisions concerning eyewitness identification.
- Analysis of experimental psychology findings on factors influencing identification accuracy.
- Comparative examination of legal safeguards across different jurisdictions.
Main Results:
- The Supreme Court's decision in Perry v. New Hampshire (2012) limited the due process check to cases involving established police misconduct, overlooking inherent unreliability due to suggestive factors.
- Current legal frameworks inadequately address the psychological factors contributing to misidentification.
Conclusions:
- Legal systems must evolve to better incorporate psychological science to address the inherent risks of eyewitness testimony.
- Continued international efforts are needed to develop and implement evidence-based procedures for eyewitness identification to prevent miscarriages of justice.
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