Comments on: The uselessness of crossing an eyewitness http://apublicdefender.com/2008/03/08/the-uselessness-of-crossing-an-eyewitness/ Sat, 22 Nov 2008 04:45:46 +0000 http://wordpress.org/?v=2.6.3 By: SaucyVixen http://apublicdefender.com/2008/03/08/the-uselessness-of-crossing-an-eyewitness/#comment-18167 SaucyVixen Tue, 11 Mar 2008 14:11:56 +0000 http://apublicdefender.com/2008/03/08/the-uselessness-of-crossing-an-eyewitness/#comment-18167 Every now and then the court actually allows an expert witness to talk about the inherent problems of eyewitness ID, all of which The Gid mentioned above. Offhand, I can think of three times it's been allowed in CT. Does this effectively combat the eyewitness's testimony? The studies I've read seem to indicate that it has, but I don't know how much stock I put into those studies. However, I'd wager that it's better than simply crossing the eyewitness. The sad truth is that the law just hasn't caught up with the science involved in eyewitness identifications and when ID's that result from less-than-stellar procedures ought to be suppressed. (Yeah, I'm a little nerdy. This topic comprises the majority of research I did in law school.) Every now and then the court actually allows an expert witness to talk about the inherent problems of eyewitness ID, all of which The Gid mentioned above. Offhand, I can think of three times it’s been allowed in CT. Does this effectively combat the eyewitness’s testimony? The studies I’ve read seem to indicate that it has, but I don’t know how much stock I put into those studies. However, I’d wager that it’s better than simply crossing the eyewitness.

The sad truth is that the law just hasn’t caught up with the science involved in eyewitness identifications and when ID’s that result from less-than-stellar procedures ought to be suppressed.

(Yeah, I’m a little nerdy. This topic comprises the majority of research I did in law school.)

]]> By: SHG http://apublicdefender.com/2008/03/08/the-uselessness-of-crossing-an-eyewitness/#comment-18062 SHG Sun, 09 Mar 2008 20:48:47 +0000 http://apublicdefender.com/2008/03/08/the-uselessness-of-crossing-an-eyewitness/#comment-18062 Yes, watch My Cousin Vinny over and over. Yes, watch My Cousin Vinny over and over.

]]> By: karl http://apublicdefender.com/2008/03/08/the-uselessness-of-crossing-an-eyewitness/#comment-18011 karl Sat, 08 Mar 2008 22:45:06 +0000 http://apublicdefender.com/2008/03/08/the-uselessness-of-crossing-an-eyewitness/#comment-18011 SHG: Any tips on the eyewitness ID thing? - k SHG:

Any tips on the eyewitness ID thing?

- k

]]> By: Gideon http://apublicdefender.com/2008/03/08/the-uselessness-of-crossing-an-eyewitness/#comment-18010 Gideon Sat, 08 Mar 2008 22:38:34 +0000 http://apublicdefender.com/2008/03/08/the-uselessness-of-crossing-an-eyewitness/#comment-18010 It really is very instructive. I just hope enough people are paying attention. It really is very instructive. I just hope enough people are paying attention.

]]> By: SHG http://apublicdefender.com/2008/03/08/the-uselessness-of-crossing-an-eyewitness/#comment-18007 SHG Sat, 08 Mar 2008 22:25:24 +0000 http://apublicdefender.com/2008/03/08/the-uselessness-of-crossing-an-eyewitness/#comment-18007 Oddly, I used this paper as the basis for the Eyewitness ID CLE I taught last November. With the same conclusion: Ths is why you need and how you use an Eyewitness ID expect. Oddly, I used this paper as the basis for the Eyewitness ID CLE I taught last November. With the same conclusion: Ths is why you need and how you use an Eyewitness ID expect.

]]> By: Gideon http://apublicdefender.com/2008/03/08/the-uselessness-of-crossing-an-eyewitness/#comment-18005 Gideon Sat, 08 Mar 2008 22:05:50 +0000 http://apublicdefender.com/2008/03/08/the-uselessness-of-crossing-an-eyewitness/#comment-18005 Yeah, it has been spotty. Sometimes I get the feed and sometimes I don't. I changed the post to be more accurate :) Yeah, it has been spotty. Sometimes I get the feed and sometimes I don’t.

I changed the post to be more accurate :)

]]> By: karl http://apublicdefender.com/2008/03/08/the-uselessness-of-crossing-an-eyewitness/#comment-18004 karl Sat, 08 Mar 2008 22:03:18 +0000 http://apublicdefender.com/2008/03/08/the-uselessness-of-crossing-an-eyewitness/#comment-18004 LOL No bad had. I am just stunned you actually found my RSS feed. I started doing a "site tune up" and was stunned that some of my RSS feeds weren't working and my page was loading at glacial speeds due to some bad coding on my part. Thanks as always. - k LOL

No bad had. I am just stunned you actually found my RSS feed. I started doing a “site tune up” and was stunned that some of my RSS feeds weren’t working and my page was loading at glacial speeds due to some bad coding on my part.

Thanks as always.

- k

]]> By: Gideon http://apublicdefender.com/2008/03/08/the-uselessness-of-crossing-an-eyewitness/#comment-18003 Gideon Sat, 08 Mar 2008 21:58:40 +0000 http://apublicdefender.com/2008/03/08/the-uselessness-of-crossing-an-eyewitness/#comment-18003 Sorry. When I typed the post I couldn't remember where I'd seen the story and then I went through the RSS feeds and found it in your post. I was too lazy to change the text. My bad. Sorry. When I typed the post I couldn’t remember where I’d seen the story and then I went through the RSS feeds and found it in your post. I was too lazy to change the text. My bad.

]]> By: karl http://apublicdefender.com/2008/03/08/the-uselessness-of-crossing-an-eyewitness/#comment-18002 karl Sat, 08 Mar 2008 21:56:23 +0000 http://apublicdefender.com/2008/03/08/the-uselessness-of-crossing-an-eyewitness/#comment-18002 I think Jules hit the nail on the head that cross will never undermine eyewitness id. I also find the Pozner / Dodd method of cross also is the exact opposite way of attacking eyewitness ID, at least where I practice. Anyone know any good resources on how to attack eyewitness ID? & Gideon "stumbled"? I am disappointed, I thought you were a regular reader. - karl I think Jules hit the nail on the head that cross will never undermine eyewitness id. I also find the Pozner / Dodd method of cross also is the exact opposite way of attacking eyewitness ID, at least where I practice. Anyone know any good resources on how to attack eyewitness ID?

& Gideon “stumbled”? I am disappointed, I thought you were a regular reader.

- karl

]]> By: Gideon http://apublicdefender.com/2008/03/08/the-uselessness-of-crossing-an-eyewitness/#comment-17990 Gideon Sat, 08 Mar 2008 19:11:31 +0000 http://apublicdefender.com/2008/03/08/the-uselessness-of-crossing-an-eyewitness/#comment-17990 I think they call it a "retreat". I think they call it a “retreat”.

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