CONSTITUTIONīeginning with rulings in 1967, the U.S. This chapter describes the changes in the legal standards for eyewitness identification and explores the relationship between the state of the scientific research and the law regulating procedures and evidence.ĮYEWITNESS EVIDENCE AND DUE PROCESS UNDER THE U.S. ![]() Brathwaite test to take account of advances in the growing body of scientific research. Constitution requires, either by legislative statutes or by state court decisions, and have modified or entirely supplanted the Man-ġ Manson v. Some states have adopted more stringent standards for regulating eyewitness identification evidence than the U.S. Recently, state courts and lower federal courts have taken the lead in developing standards relating to the admissibility of expert evidence, jury instructions, and judicial notice of scientific evidence. ![]() Research has cast doubt, for instance, on the belief that the apparent certainty displayed in the courtroom by an eyewitness is an indicator of an accurate identification, and has found that a number of factors may enhance the certainty of the eyewitness. Brathwaite decision, a body of research has shed light on the extent to which each of the five reliability factors supports a reliable eyewitness identification. 2Īlthough the constitutional standards for assessing eyewitness testimony have remained unchanged in the decades since the Manson v. 1 The Court also specified five reliability factors, discussed below, that a judge must consider when deciding whether to exclude the identification evidence at trial. Constitution that regulates the fairness and the reliability of eyewitness identification evidence. Brathwaite, set out the modern test under the Due Process Clause of the U.S. Supreme Court, in its 1977 ruling in Manson v. The admissibility of eyewitness testimony at a criminal trial may be challenged on the basis of procedures used by law enforcement officials in obtaining the eyewitness identification. The Legal Framework for Assessment of Eyewitness Identification Evidence
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