Expert Eyewitness Testimony
This paper will illustrate how the problem of wrongful convictions based on mistaken identifications in New York can be overcome by altering the investigative procedures implemented by police departments and making better use of effective trial techniques presently made available to defendants rather than by allowing expert eyewitness identification testimony at trial. Part I discusses the research that has been done concerning factors that an expert eyewitness identification witness might testify about at trial. Part II discusses the New York test that expert testimony must meet in order to be admitted at trial. Part III lists negative affects of expert eyewitness testimony. Part IV summarizes what New York courts have said on the issue of expert eyewitness identification testimony. Part V considers the alternatives to expert eyewitness identification. Part VI concludes by suggesting that the problem of mistaken identifications could be overcome by altering the investigative procedures and employing effective trial techniques rather than allowing expert eyewitness identification testimony at trial.
Criminal Law | Criminal Procedure
Date of this Version
Janine M. Kovacs, "Expert Eyewitness Testimony " (March 15, 2006). bepress Legal Series. bepress Legal Series.Working Paper 1144.