|
Current Developments_________________________________
- Brooklyn judge finds court does not have power to compel sequential lineup. Court Declines To Impose Conditions Of Police Lineup, New York Law Journal (NYC), March 12, 2008
- Appellate Division narrowly interprets People v. LeGrand, 8 NY3d 449, to preclude defense expert testimony on reliability of complainant's identification. Identification Expert Proof Held Unneeded, New York Law Journal (1st Dept), November 23, 2007
- Court of Appeals finds expert evidence on reliability of eyewitness identification should have been admitted at trial. Exclusion of Expert Evidence on Identification Termed Error ,New York Law Journal (NY), March 28, 2007
- Court of Appeals decided two cases concerning the admission and use of expert identification evidence. Court Assesses Expert Testimony, New York Law Journal (NY), May 10, 2006
- Showup identification conducted by SuffolkCounty police was unreasonably suggestive according to a New York federal judge. 'Suggestive' Showup Voids ID, Conviction, New York Law Journal (EDNY), July 21, 2005
- Photo lineup identification evidence admitted contrary to Court of Appeals precedent by Brooklyn Supreme Court judge. Judge Allows Photo Lineup Into Evidence, New York Law Journal (Brooklyn), October 20, 2004
- Sequential lineups ordered in Erie and MonroeCounties. Push for New Police Lineup Procedures Gains Ground With Two Upstate Judges, New York Law Journal (Erie and MonroeCounties), March 13, 2003
- District Attorney Charles Hynes has approved the use of double-blind lineups in Brooklyn. Hynes Endorses Double-Blind Police Lineups , New York Law Journal (Brooklyn), December 12, 2002
- Double-blind lineup ordered, but sequential lineup rejected by Brooklyn Supreme Court. Brooklyn Judge Supports the 'Double-Blind' Lineup, New York Law Journal, November 8, 2002.
- Sequential lineups embraced by defense counsel while prosecutors remain skeptical. Defense Attorneys Demand New Look at Criminal Lineups , New York Law Journal, September 30, 2002
- Proffer of defense expert on eyewitness identification rejected byManhattan judge after Frye hearing. Expert Witness Is Ruled Out in Murder Case, New York Law Journal, September 12, 2002
- Eyewitness expert for the defense can testify at trial without Frye hearing according to a Manhattan Supreme Court judge. Expert Testimony Allowed on Eyewitness Reliability , New York Law Journal, May 23, 2002
- Admission of composite sketch was reversible error according to the New York Court of Appeals. Program for Stopping Livery Cabs Upheld , New York Law Journal, April 26, 2002. Read the court's decision in People v. Maldonado , No. 45 (NY April 25, 2002)
- Bronx judge lays out standard for admitting expert eyewitness evidence in light of New York Court of Appeals opinion in People v Lee. Standard Set for Expert Evidence, New York Law Journal, April 11, 2002
- All surveillance photographs to be preserved by law enforcement for discovery according to a Brooklyn Supreme Court Justice. Police Must Turn Over to Defense All Taxi Photos, New York Law Journal, April 1, 2002
- Expert testimony supported decision to suppress identification testimony of police officer in Brooklyn Family Court. Judge Suppresses Identification by Eyewitness, New York Law Journal, February 25, 2002. Read more about the expert witness,Dr. Jonathan Schooler , Professor of Psychology, University of Pittsburgh
Current Developments Outside New York_________________
- Innocent Man's Conviction Shows Flaws In Lineups, Atlanta Journal-Constitution (GA), December 13, 2007
- Survey Of Defense Attorneys' Knowledge And Beliefs About Eyewitness Testimony, Champion (US), November 2007
- Police Lineups: Making Eyewitness Identification More Reliable, NIJ Journal (US), October 2007
- Conviction Overturned for Failure to "Seriously Consider" Expert Testimony on Eyewitness Factors, Eyewitness Identification Reform Blog (IL), October 1, 2007
- Victim Uses Facebook to Finger Suspect, CNN (DC), September 28, 2007
- How Reliable Are Eyewitnesses?, Atlanta Journal-Constitution (GA), July 22, 2007
- Officer Held Not Liable for Improper Identification Proof, New York Law Journal (2nd Cir), June 21, 2007
- Justices Tell Judges to Warn Juries About Eyewitness IDs, Star-Ledger (NJ), May 22, 2007
- States Look at Reforming Lineup Methods, National Law Journal (US), April 9, 2007
- Older Adults Unreliable in Court, Study Says, WMAQ (US), February 22, 2007
- National Attorneys Sue Illinois Police, Daily Southtown (IL), February 9, 2007
- Keeping an Eye on Eyewitness Testimony, New York Law Journal (US), January 26, 2007
- One Shooting Case Fuels the Debate: Is Eyewitness Testimony Reliable?, Palm Beach Post (FL), September 23, 2006
- Hearing to Scrutinize Murder Suspect Lineup, New York Law Journal (EDNY), July 18, 2006
- State Reassessing Police Lineups , New Jersey.com (NJ), July 3, 2006
- Eyewitness Identification: The View From Chicago, Law.com (IL), June 23, 2006
- Putting Police Lineups Under Study, Philadelphia Inquirer (NJ), May 23, 2006
- Eyewitness' Blind Spot, Philadelphia Inquirer (NJ), May 22, 2006
- Study Fuels Debate Over Police Lineups, New York Times (US), April 19, 2006
- Commission Urges Changes in Use of Eyewitness Identifications,Los Angeles Times (CA), April 14, 2006
- Human Error Always a Possibility, Mercury News (CA), March 12, 2006
- Lineup Process Rankles DAs, News & Observer (NC), February 22, 2006
- When Race Differs, Identification Is Iffy, Baltimore Sun (MD), December 7, 2005
- Criminal Lineups Get a Makeover, Christian Science Monitor (US), December 8, 2004
- Police Lineups Falling Out of Favor, Washington Post (DC), April 19, 2004
- When ID'ing Suspect, Seeing Isn't Believing, Boston Herald (MA), April 7, 2004
- Smith & Wesson Launches First Web-Based Facial Imaging Tool, Smith & Wesson Press Release (US), April 22, 2003
- When Eyewitnesses Err, Washington Post (US), April 21, 2003
- Seattle Police Considering Videotaping All Interrogations ,Seattle Times (WA), February 15, 2003
- Expertise on Trial: Testimony on Reliability of Eyewitness Identification Stalls on General Acceptance , American Bar Association Journal (US), December 2002
- Cases of Misidentification Prompt Calls for Change, Baltimore Sun (MD), November 18, 2002
- When Believing Isn't Seeing , Chicago Tribune (IL), September 30, 2002
Special Reports_______________________________________
SEQUENTIAL LINE-UPS
Scientific research shows that sequential lineups will produce fairer results and reduce the risk of misidentification. The Bronx Defenders Office, among others, has filed motions in many cases asking courts to order sequential line-ups, for more information contact David Feige, (718) 838-7878.
Decisions and Motions
- People v. Aspinall, New York Law Journal , February 2, 2003 (Sup Ct Richmond County) (motion denied)
- People v. M.A., New York Law Journal , November 18, 2002 (NYCCrimCtKingsCounty) (motion denied)
- People v. Kirby, New York Law Journal, October 21, 2002 (Sup Ct Kings County) (motion for sequential lineup denied; double-blind procedure ordered.)
- People v. Wilson , New York Law Journal (Brooklyn Sup. Ct. March 22, 2002) (motion granted in part; double-blind non-sequential lineup ordered)
- People v. Alcime, New York Law Journal, February 19, 2002 (Sup. Ct. Kings Co.) (motion denied)
- People v. Martinez, New York Law Journal, January 18, 2002, p. 18, col. 3 (Sup. Ct. NY Co.) (motion denied)
- Defendant's Motion (2.6 MB PDF)
- Defendant's Memo of Law (433K PDF)
- Prosecutor's Motion (1.2MB PDF)
- In re Thomas, No. 42374-01(Supreme Court Kings County November 14, 2001) (761K PDF) (motion granted)
- Prosecutor's Motion (1.2MB PDF)
- New York Capital Defender Office
- Defendant's Motion (2.6 MB PDF)
- Defendant's Memo of Law (433K PDF)
- Defendant's Motion in Opposition (131K PDF)
- Expert's Affidavit (72K PDF)
- Eyewitness Accuracy Rates in Sequential and Simultaneous Lineup Presentations (Law and Human Behavior 2001) (76K PDF)
- People v. Franco, No. 903-01 (SupremeCourtBronxCountyJune 28, 2001) (429K PDF)
- Prosecutor's Motion (535K PDF)
- Bronx Defenders Office
- Defendant's Motion (16.4 MB PDF)
Articles
- Push for New Police Lineup Procedures Gains Ground With Two Upstate Judges, New York Law Journal (Erie and MonroeCounties), March 13, 2003
- Hynes Endorses Double-Blind Police Lineups , New York Law Journal (Brooklyn), December 12, 2002
- Police Lineups Encourage Wrong Picks, Experts Say, USA Today (US), November 25, 2002
- Brooklyn Judge Supports the 'Double-Blind' Lineup , New York Law Journal, November 8, 2002.
- Bid for Better Ways to ID Suspects, Christian Science Monitor (NJ), May 30, 2002
- First Sequential Lineup Is Held in Staten Island , New York Law Journal, April 26, 2002
- Police Lineup Rules Questioned by Judge, New York Law Journal, March 21, 2002
- Courts Give Suspicious Glances to Cop Lineups, New York Post, December 23, 2001
- Cutting Edge: Criminal Lawyers Fight For New Lineup, LexisONE, November 26, 2001
- Judge Orders Rare Lineup of Suspects One at a Time, New York Times, November 9, 2001
- Judge Orders First Use of Sequential Lineup, New York Law Journal, November 9, 2001
- Court Declines to Order Change in Lineup Rules, June 29, 2001
- Lawyer Dares Bronx Judges to Change the Way the Police Conduct Lineups, New York Times, June 28, 2001
PSYCHOLOGY AND THE LAW
A collection of tutorials, literature, research and links, sponsored by the Criminal Justice & Behaviour Research Centre in the School of Psychology, Victoria University of Wellington, Wellington New Zealand.
Reports_____________________________________________
- eyeID.org (2008). EyeID.org aims to provide a comprehensive resource for defense attorneys to assist in the litigation of ID cases, providing a frequently updated repository of trial pleadings, expert transcripts and affidavits, research articles, documentation on police procedures, legislative reform materials, training materials, and other resources compiled to assist in litigating and advancing reform in the area of eyewitness identification. This resource is sponsored by the Eyewitness Identification Reform Litigation Network, a national network of defense lawyers and experts in the field of eyewitness identification committed to this effort.
Eyewitness Evidence: A Trainer's Manual for Law Enforcement (NIJ 2003). This is a training guide for teaching law enforcement officers procedures for conducting interviews and developing evidence in cases involving eyewitness identification.
Eyewitness Evidence: A Guide for Law Enforcement (NIJ 1999) is intended to provide local law enforcement with recommendations for improving the accuracy and fairness of identification proceedings, including the use of sequential lineups.
Drawing a Blank (ACLU 2002). TheAmerican Civil Liberties Union investigated a police experiment in face recognition technology conducted in Tampa,Florida. The face recognition software used a point matching system to compare scanned faces with images stored in a database. According to the ACLU report, the "system has never correctly identified a single face in its database of suspects, let alone resulted in any arrests."
Attorney General Guidelines for Preparing and Conducting Photo and Live Lineup Identification Procedures(NJ Dept of Law and Public Safety 2001)
Model Identification Rules: An Act to Improve the Accuracy of Eyewitness Identification Procedures (American Psychology Law Society)
Research Links_______________________________________
|
