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An Archival Exploration Of Lineup Fairness In Eyewitness Research, Phoebe Kane May 2023

An Archival Exploration Of Lineup Fairness In Eyewitness Research, Phoebe Kane

Student Theses

In this study, we were interested in investigating if the Betaface facial analysis program reliably predicts eyewitness lineup choosing behavior. If face analysis programs are as good or better than human judgements, using them could be a reliably more efficient, reproducible, and equitable basis for choosing fillers and evaluating lineup fairness. We collected 27 datasets from eyewitness researchers and analyzed them to produce Betaface similarity values, which measured the similarity between all the photos in each array. We compared these Betaface data to the identification data from the original studies. Our analysis of the arrays via Betaface yielded data with …


Reforming Eyewitness Identification Processes: Challenges And Recommendations For Successful Implementation, Daniel Manley Jan 2023

Reforming Eyewitness Identification Processes: Challenges And Recommendations For Successful Implementation, Daniel Manley

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Self-Policing: Dissemination And Adoption Of Police Eyewitness Policies In Virginia, Brandon L. Garrett Jan 2019

Self-Policing: Dissemination And Adoption Of Police Eyewitness Policies In Virginia, Brandon L. Garrett

Faculty Scholarship

Professional policing organizations emphasize the importance of the adoption of sound police policies and procedures, but traditionally doing so has been left to individual agencies. State and local government typically does not closely regulate police, and neither federal constitutional rulings nor state law typically sets out in any detail the practices that police should follow. Thus, law enforcement agencies must themselves draft and disseminate policy. This paper presents the results of studies used to assess the adoption of eyewitness identification policies by law enforcement agencies in Virginia. Policymakers were focused on this problem because Virginia experienced a series of DNA …


Cross-Racial Identifications: Solutions To The "They All Look Alike" Effect, Laura Connelly Oct 2015

Cross-Racial Identifications: Solutions To The "They All Look Alike" Effect, Laura Connelly

Michigan Journal of Race and Law

On a late summer evening in August of 1997, Nathan Brown was in his apartment rocking his young daughter to sleep when the police knocked on his door. The police sought Brown, one of a few Black men in his apartment complex, after a young White woman said she had been assaulted by a shirtless Black man wearing black shorts with strong body odor walking through the complex’s courtyard. Minutes later the police took Brown outside and put him in the patrol car for a one-on-one “showup.” They brought him out by himself to see the victim wearing black shorts …


The Promises And Pitfalls Of State Eyewitness Identification Reforms, Nicholas A. Kahn-Fogel Jan 2015

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 …


Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson Dec 2014

Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson

Sheri Lynn Johnson

No abstract provided.


On The Admissibility Of Expert Testimony On Eyewitness Identification: A Legal And Scientific Evaluation, Tanja Rapus Benton, Stephanie A. Mcdonnell, Neil Thomas, David F. Ross, Nicholas Honerkamp Mar 2014

On The Admissibility Of Expert Testimony On Eyewitness Identification: A Legal And Scientific Evaluation, Tanja Rapus Benton, Stephanie A. Mcdonnell, Neil Thomas, David F. Ross, Nicholas Honerkamp

Tennessee Journal of Law and Policy

This article is a state-by-state and circuit-by-circuit analysis of judicial decisions on the admissibility of expert testimony on eyewitness identification problems. The basis for the admission of expert testimony is analyzed, and then the rationale used in those decisions is considered with regard to the current data from psychological studies. This article also addresses the apparent disregard of social science research by the judicial system.


Brief Of Amici Curiae, Neil Vidmar Et Al., Connecticut V. Guilbert, Neil Vidmar, Theresa A. Newman Jan 2012

Brief Of Amici Curiae, Neil Vidmar Et Al., Connecticut V. Guilbert, Neil Vidmar, Theresa A. Newman

Faculty Scholarship

No abstract provided.


Manson And Its Progeny: An Empirical Analysis Of American Eyewitness Law, Nicholas A. Kahn-Fogel Jan 2012

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 …


Don’T I Know You?: The Effect Of Prior Acquaintance/Familiarity On Witness Identification, James E. Coleman Jr., Theresa A. Newman, Neil Vidmar, Elizabeth Zoeller Jan 2012

Don’T I Know You?: The Effect Of Prior Acquaintance/Familiarity On Witness Identification, James E. Coleman Jr., Theresa A. Newman, Neil Vidmar, Elizabeth Zoeller

Faculty Scholarship

No abstract provided.


Through The Lens Of Federal Evidence Rule 403: An Examination Of Eyewitness Identification Expert Testimony Admissibility In The Federal Circuit Courts, Lauren Tallent Mar 2011

Through The Lens Of Federal Evidence Rule 403: An Examination Of Eyewitness Identification Expert Testimony Admissibility In The Federal Circuit Courts, Lauren Tallent

Washington and Lee Law Review

No abstract provided.


The Admissibility Of Eyewitness-Identification Expert Testimony In Oklahoma, Sean S. Hunt Jan 2011

The Admissibility Of Eyewitness-Identification Expert Testimony In Oklahoma, Sean S. Hunt

Oklahoma Law Review

No abstract provided.


Rethinking Reliance On Eyewitness Confidence, Neil Vidmar, James E. Coleman Jr., Theresa A. Newman Jan 2010

Rethinking Reliance On Eyewitness Confidence, Neil Vidmar, James E. Coleman Jr., Theresa A. Newman

Faculty Scholarship

No abstract provided.


I’Ll Never Forget That Face . . . (But I Might Not Remember It Accurately), Jules Epstein Jan 2007

I’Ll Never Forget That Face . . . (But I Might Not Remember It Accurately), Jules Epstein

Jules Epstein

No abstract provided.


Interdisciplinary Trends In Evidence Scholarship, Roger C. Park, Michael J. Saks Aug 2005

Interdisciplinary Trends In Evidence Scholarship, Roger C. Park, Michael J. Saks

ExpressO

Abstract In recent decades, evidence scholarship published in leading law reviews has become markedly interdisciplinary, while treatises and texts continue to fill the need for doctrinal analysis. The authors describe this trend and set forth its recent history. They review and critique scholarship that applies concepts and insights from psychology, probability theory, philosophy, feminism, and economics to the law of evidence. They also comment on the pitfalls, benefits and prospects of interdisciplinary evidence scholarship


Convictions Of Innocent Persons In Massachusetts: An Overview, Stanley Z. Fisher Oct 2002

Convictions Of Innocent Persons In Massachusetts: An Overview, Stanley Z. Fisher

Faculty Scholarship

Scholars documenting the incidence and causes of wrongful convictions in the United States have focused on cases arising all across the country. Because reform of the practices that lead to such errors of justice must largely take place on the state level, there is value in examining wrongful convictions in particular jurisdictions. This article attempts to identify and briefly describe all known cases of conviction of innocent persons in Massachusetts from 1800 to the present time. Part I discusses the criteria for identifying "the innocent." For the purpose of gaining support for needed reforms in the law, the most persuasive …


Rethinking The Right To Due Process In Connection With Pretrial Identification Procedures: An Analysis And A Proposal, Benjamin E. Rosenberg Jan 1990

Rethinking The Right To Due Process In Connection With Pretrial Identification Procedures: An Analysis And A Proposal, Benjamin E. Rosenberg

Kentucky Law Journal

No abstract provided.


Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson Jun 1984

Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.