The report assesses scientific research on eyewitness identification, revealing gaps in literature and offering recommendations for law enforcement and jury instructions. Key findings include the prevalence of identifications among witnesses and the significant impact of variables like stress and memory on accuracy. It emphasizes the need for standardized procedures and training to improve identification practices and reduce wrongful convictions.

1. Assessing Eyewitness
Identification
Christina Rosado

2. Statistics
• The FBI estimates that U.S. law enforcement
made 12,196,959 arrests in 2012.
• The FBI estimates that 521,196 of these
arrests were for violent crimes.
• A survey from 1989 estimates that at least
80,000 eyewitnesses make identifications of
suspects in criminal investigations each year.
• Since 1989 there have been 300+ post-
conviction DNA exonerations in the U.S.

3. Purpose of Report
• Assess existing scientific research on
eyewitness identification
• Identify gaps in literature and suggest further
research
• Assess what can be learned from research
fields outside of eyewitness identification
• Offer recommendations for law enforcement
• Offer recommendations for developing jury
instruction

4. Eyewitness Identification Procedures
• Officers typically use the following:
– Showups
– Presentation of photo arrays
– Live lineups
• Photo arrays are the most common identification
procedure
• Many agencies do not have formal policies or
training for administration of identification
procedures or interactions with witnesses

5. Eyewitness Identification Reform
• Instruct witness that the perp may or may not
be in the lineup (unbiased instruction)
• Present lineup sequentially rather than
simultaneously
• Present a fair and unbiased lineup: fillers
should be similar to suspect
• Double blind line up administration

6. Vision and Memory
Estimator Variables
• Weapon focus
• Dim lighting
• Duration of viewing
• Viewing distance/angle
• Level of stress
• Own race bias
• Own age bias
• Time between event and
identification
System variables
• Live lineup v photo array
• Showup v lineup
• Prior mugshot exposure
• Lineup instructions
• Sequential v simultaneous
lineups
• Post-identification feedback

7. Problems with Memory
• Decreasing accessibility over time
• Lapses of attention, forgetfulness
• Temporarily forgetting something (mind block)
• False recognition
• Suggestibility – implanted memories
• Biases – retrospective distortions
• Persistence – unwanted recollections that cannot
be forgotten

8. Real life example!!!!!!!
• The Ronald Cotton Case
– 1984 rape of Jennifer Thompson
– Victim helps create a sketch that tips the police off
to Ronald Cotton
– Thompson was shown a “six-pack” photo array
– Thompson then participated in a live lineup
– Officer unknowingly reinforced her decision
– Ronald was convicted and later exonerated due to
DNA evidence proving his innocence

9. Legal Framework for Assessment of
Eyewitness Identification Evidence
• Manson v Brathwaite ruling: modern test that
regulates fairness and reliability of eyewitness
identification evidence.
• Five reliability factors:
– Opportunity of witness to view criminal at time of
crime
– Witness’ degree of attention
– Accuracy of witness’ prior description of criminal
– Level of certainty demonstrated at confrontation
– Time between the crime and identification

10. Expert Witness
• Ake v Oklahoma, Supreme Court held that an
indigent defendant has a constitutional due
process right to assistance by an expert witness if
the expert witness is crucial to the defense that
denial would deprive defendant of a
fundamentally fair trial.
• Funding is available at federal level and
commonly requested but uncommon at State
level (esp. in state courts that do not view this as
a due process violation).

11. Expert Witness Pros and Cons
Pros
• Expert witness’ can explain
scientific research in a more
flexible manner and present
only relevant research
• Can describe research in
detail
• Can convey current state of
research
Cons
• Expensive
• Can be cross-examined
• Conflicting testimony by
opposing experts can
confuse jurors
• Hired guns can be
interrogated on credibility

12. Recommendations
• Train all law enforcement officers in
eyewitness identification
• Implement double blind lineup and photo
array procedures
• Develop and use standardized witness
instructions
• Document witness confidence judgments
• Videotape the witness identification process

13. Recommendations (cont’d)
• Conduct pretrial judicial inquiry
• Make juries aware of prior identifications
• Use scientific framework expert testimony
• Use jury instructions as an alternative means to
convey information
• Establish a National Research Initiative on
Eyewitness Identification
• Conduct additional research on System and
Estimator variables