Identifying the Culprit Assessing Eyewitness Identification (2014) / Chapter Skim
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Basic research on the processes that underlie human visual perception and memory have given us an increasingly clear picture of how eyewitness identifications are made and, more important, an improved understanding of the principled limits on vision and memory that may lead to failures of identification. Basic research has been complemented by a growing body of applied research on eyewitness identification, which has examined those variables that particularly affect eyewitnesses to crimes: system variables (conditions such as the procedures followed to obtain identifications that can be controlled by law enforcement)
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critically assess the existing body of scientific research as it relates to eyewitness identification; 2. identify any gaps in the existing body of literature and suggest appropriate research questions to pursue that will further our un derstanding of eyewitness identification and that might offer ad ditional insight into law enforcement and courtroom practice; 3.
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Basic scientific research on human visual perception and memory has provided an increasingly sophisticated understanding of how these systems work and how they place principled limits on the accuracy of eyewitness identification.2 Basic research alone is insufficient for understanding conditions in the field, and thus has been augmented by studies applied to the specific practical problem of eyewitness identification. Applied research has identified key variables that affect the accuracy and reliability of eyewitness identifications and has been instrumental in informing law enforcement, the bar, and the judiciary of the frailties of eyewitness identification testimony.
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The committee here offers a summary of its key recommendations to strengthen the effectiveness of policies and procedures used to obtain accurate eyewitness identifications. RECOMMENDATIONS TO ESTABLISH BEST PRACTICES FOR THE LAW ENFORCEMENT COMMUNITY The committee's review of law enforcement practices and procedures, coupled with its consideration of the scientific literature, has identified a number of areas where eyewitness identification procedures could be strengthened.
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Recommendation #4: Document Witness Confidence Judgments The committee recommends that law enforcement document the witness' level of confidence verbatim at the time when she or he first identifies a suspect. Recommendation #5: Videotape the Witness Identification Process The committee recommends that the video recording of eyewitness identification procedures become standard practice.
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Recommendation #9: Use Jury Instructions as an Alternative Means to Convey Information The committee recommends the use of clear and concise jury instructions as an alternative means of conveying information regarding the factors that the jury should consider. RECOMMENDATIONS TO IMPROVE THE SCIENTIFIC FOUNDATION UNDERPINNING EYEWITNESS IDENTIFICATION RESEARCH Basic scientific research on visual perception and memory provides important insight into the factors that can limit the fidelity of eyewitness identification.
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As this report indicates, however, the malleable nature of human visual perception, memory, and confidence; the imperfect ability to recognize individuals; and policies governing law enforcement procedures can result in mistaken identifications with significant consequences. New law enforcement training protocols, standardized procedures for administering lineups, improvements in the handling of eyewitness identification in court, and better data collection and research on eyewitness identification can improve the accuracy of eyewitness identifications.
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