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Full-Text Articles in Evidence
The Promises And Pitfalls Of State Eyewitness Identification Reforms, Nicholas A. Kahn-Fogel
The Promises And Pitfalls Of State Eyewitness Identification Reforms, Nicholas A. Kahn-Fogel
Faculty Scholarship
This article provides a comprehensive analysis of state-based eyewitness identification reforms, including legislative directives, evidentiary rules, and judicial interpretations of state constitutions as providing greater protection against the use of unreliable eyewitness evidence than the United State Supreme Court offered in its 1977 decision in Manson v. Brathwaite. While previous scholarship has included thorough consideration of a single state's eyewitness law, state-by-state analysis of a sub-issue in eyewitness law, and brief general surveys of state approaches to eyewitness reform, this article adds to the current body of scholarship with an in-depth evaluation of eyewitness identification law in states that have …
Manson And Its Progeny: An Empirical Analysis Of American Eyewitness Law, Nicholas A. Kahn-Fogel
Manson And Its Progeny: An Empirical Analysis Of American Eyewitness Law, Nicholas A. Kahn-Fogel
Faculty Scholarship
Since the Supreme Court established the current constitutional framework for determining the admissibility of eyewitness identification evidence in Manson v. Brathwaite in 1977, scientists and scholars who have evaluated the opinion have uniformly criticized it as insufficient to deter police from using flawed identification procedures and inconsistent with scientific evidence of the best ways to assess the reliability of evidence tainted by such procedures. Until now, however, the work of these scientists and scholars has been based primarily on simulation experiments and on a selective assortment of easily criticized judicial decisions applying Manson. This study provides the first systematic analysis …
Beyond Manson And Lukolongo: A Critique Of American And Zambian Eyewitness Law With Recommendations For Reform In The Developing World, Nicholas A. Kahn-Fogel
Beyond Manson And Lukolongo: A Critique Of American And Zambian Eyewitness Law With Recommendations For Reform In The Developing World, Nicholas A. Kahn-Fogel
Faculty Scholarship
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, …