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Maurer School of Law: Indiana University

2022

Technology

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Full-Text Articles in Law

Considering "Machine Testimony": The Impact Of Facial Recognition Software On Eyewitness Identifications, Valena Beety Jan 2022

Considering "Machine Testimony": The Impact Of Facial Recognition Software On Eyewitness Identifications, Valena Beety

Articles by Maurer Faculty

This Article uses a wrongful conviction lens to compare identifications by machines, notably facial recognition software, with identifications by humans. The Article advocates for greater reliability checks on both before use against a criminal defendant. The Article examines the cascading influence of facial recognition software on eyewitness identifications themselves and the related potential for greater errors. As a solution, the Article advocates the inclusion of eyewitness identification in the Organization of Scientific Area Committees' ("OSAC") review of facial recognition software for a more robust examination and consideration of software and its usage. The Article also encourages police departments to adopt …