EvgeniyShkolenko/iStock via Getty Images Plus, Chicago Sun-Times/Chicago Daily News/Chicago History Museum via Getty Images, Scientific best practices for conducting eyewitness lineups, smile when witnesses are looking at the suspect, no longer tell the difference between accurate and mistaken eyewitnesses, alter witnesses memories of the original crime, less able to recognize the actual perpetrator, is informative regarding the eyewitnesss accuracy, 25 states have adopted these core procedural reforms, Committee Member - MNF Research Advisory Committee, PhD Scholarship - Uncle Isaac Brown Indigenous Scholarship. Videos circulating on Twitter appeared to show dozens of UN diplomats walking out as he started to speak. The puzzling question in this case, though, is why did six eyewitnesses independently identify Lydell Grant as the killer and then confidently testify in court? Consider, for example, the case of Gary Leiterman, who, in 2005, was convicted of murder and sentenced to life in prison following a cold case investigation in which his DNA was found on the clothing of a woman named Jane Mixer, who was murdered in 1969. The Manson admissibility test consists of two steps. In Perry v. New Hampshire, the Supreme Court barred the defendant from challenging the eyewitness testimony proffered by the state, even though the circumstances surrounding the eyewitnesss identification of the defendant were decidedly suggestive. While 30+ years of research is too much to summarize in a few paragraphs, we will outline the general problems with eyewitness testimony as well as some of them more major research that has been performed on the subject. Blood and fingerprint evidence, per se, would not be deemed unreliable. 3 Eyewitness Misidentification. By itself, that fact only shows that contaminated memory is unreliable (just as contaminated DNA evidence is). Police said they believed Weger was a suspect in a rape that had occurred a few years earlier. Few would doubt that under such conditions, DNA evidence is highly reliable. I can vouch for the truth of his observations, having been involved in several cases dealing with witness misidentifications while representing both plaintiffs and defendants. Play it now! Psychologists have learned a lot about why such errors happen. The Louisiana Supreme Court remanded the case based on prosecutorial and police misconduct, including improper argument at the trial and failure to disclose the existence of exculpatory witnesses. Mugshots of Lydell Grant (left, in 2010) and Jermarico Carter (right, in 2007) show the men dont look very similar. The rebuttal comes more than a month into the murder trial of Murdaugh, the 54-year-old disbarred personal injury attorney and member of a dynastic family in South Carolina's Lowcountry, where his . Recently, post-conviction DNA exonerations of innocent persons have dramatically highlighted the problems with eyewitness identifications. The NRC found that police officers and detectives are frequently uninformed of what the best practices concerning gathering eyewitness testimony are. Guidance can help jurors who might not know what to make of conflicting testimony. In the Miller case, a woman was raped in her car in a parking garage in downtown Chicago. There have been hundreds of cases in which mistaken eyewitness identification testimony led to the conviction of innocent people. Expert witness evidence is not needed in all legal proceedings but it plays an important part in many cases. Claimed to have called out to Flowers that day. Three of the eyewitnesses reported that the detective told them that they had picked the same person other people had, though the detective himself denied having made such statements. was a video tape, and his presence and the time of the event were confirmed by two athletic directors, his coach, and members of the opposing team. If a judge finds the eyewitness testimony unreliable, he can suppress its use at trial. The shooter wound up crashing the car and escaping on foot. 22 Edwin M. Borchard, Convicting the Innocent: Sixty-Five Actual Errors of Criminal Justice (New York: Garden City Publishing Company, Inc., 1932). Not so with eyewitness memory. 'Do you ask other countries? John Worboys worked as a cab driver and was charged with sexually assaulting several of his female passengers. In 1932, Yale University law professor Edwin M. Borchard documented nearly seventy cases of miscarriage of justice caused by eyewitness errors in his book, Convicting the Innocent.22 He claimed police did not have the power to use firearms in the riots. Jurors trust a confident eyewitness and believe they are telling the truth and that their testimony is accurate [1]. As of 2014, 44 states and all federal circuits, with the possible exception of the 11th Circuit, allow such expert testimony at the discretion of the trial judge.21, Eyewitness Testimony: Application in Court, The Manson v. Brathwaite test under the Due Process Clause of the U.S. Constitution for assessing eyewitness identification evidence was established in 1977, before much applied research on eyewitness identification had been conducted. To do this we will link your MailOnline account with your Facebook account. A full and fair examination of all the circumstances of the subject crime, and all the evidence involved, is necessary. It marks the longest-running anti-government protests in Iran since the 1979 Islamic revolution, with hundreds killed as a result. Miller was convicted and sentenced to 52 years in prison. Get in touch with our team of experts today! Renowned Expert witnesses include doctors, psychologists, psychiatrists, social workers, and other professionals who are instructed to give expert opinions in legal proceedings. Perhaps one of the most striking examples of the flaws in eyewitness testimony is the case of Jerry Miller, who was convicted of rape, robbery and kidnapping in 1982. During the tense interview, Amirabdollahian claimed Mahsa Amini - the 22-year-old who died after being arrested by morality police for failing to wear the hijab - was turned into a 'symbol' by protesters. The sooner police, prosecutors and judges understand that fact, the better off we all will beincluding you, if you are ever incorrectly fingered by an eyewitness. And have you read a recent peer-reviewed paper that you would like to write about? The Innocence Project found that out of 138 cases, two-thirds of the DNA exonerated cases were due to an eyewitness testimony (Howitt, 2012). I believe the remaining 25 states should act swiftly to prevent additional miscarriages of justice. The shooter had borrowed Heidelbergs car, and when Heidelberg went to retrieve his car later that night he was arrested by officers at the scene. 15 Perry v. New Hampshire, 565 U.S. 228, 248 (2012). In other words, the confirmatory remark made the mistaken eyewitnesses just as persuasive as the accurate ones. Many eyewitnesses testified with high confidence despite earlier expressions of uncertainty.28. Daryl G. Kimball and Frank von Hippel | Opinion. He did it and was fortunate not to be sentenced to death in that era. Medicolegal court reports are requested where expert witness evidence is required. 2 After she had spent several years in prison, an independent consultant psychiatrist was instructed as an expert witness. Incredibly, prior to Heidelbergs sentencing, the real shooter, James Clark, confessed to the crime, but the confession fell on deaf ears and Heidelberg was sentenced to 99 to 175 years in prison. It was the right decision on the time. Out on his porch and saw Flowers walking by that morning. This opinion differed from the opinions formed by the other professionals, who concluded that John Worboys should remain in prison. The detective also admitted making a similar comment to at least one other witness. I must also add that Chester Weger also CONFESSED to the 1959 Matthiessen State Park rape/robbery but was never brought to trial (he already had received a life sentence for murder) to avoid putting the TEENAGED female victim on the witness stand. Document Witness Confidence and Videotape Witness Identifications. Subsequent memory tests, including the dramatic one that occurs in court in front of the jury, constitute contaminated evidence. First, another DNA profileone belonging to John Ruelas, who was just a four-year-old preschooler at the time of the murderwas found on a blood spot taken from the victims left hand. She unsuccessfully appealed against her conviction in 2000. Demonstrators have cut and burned their head coverings while shouting anti-government slogans. Confidence collected at the time of an identification during a double-blind lineup procedure is informative regarding the eyewitnesss accuracy. An Iranian girl passed away and we were all very sorry about that. This allows jurors to make more informed decisions while evaluating particular eyewitness testimony. Improper lineup procedures can also lead to witness misidentifications. Warmer storms could cause problems, Column: Supreme Court conservatives may want to block student loan forgiveness. Sally Challens appeal demonstrated the importance of expert evidence in establishing the correct outcome for a mentally disordered offender. Ultimately, eyewitness testimony is a powerful tool that has the potential to make or break a case. Recently though, with the rise of social science, eyewitness testimony has taken a tumble from its lofty standing. The variables include: viewing conditions (lighting-distance-duration), distracting stimuli (weapons-loud noises) and internal states of the observer (attention-motivation-skill-prejudice). Women in Iran have all the necessary required freedoms within the framework of the law, he claims, but says our interview is a confrontation: This is not the way to conduct an interview. pic.twitter.com/XKkC5uWYyj, Iranian foreign minister Hossein Amirabdollahian smiled as he chastised CNN host Christiane Amanpour, telling her 'this is not the way to conduct an interview', CNN host Amanpour laid into the Iranian foreign minister over his country's record on women's rights. Yes, the 1959 Matthiessen (Not Deer Park) State Park rape/robbery played a role in Wegers arrest (the rape victim ALSO ID Weger separately and BEFORE the line-up mentioned here), but it played NO role (not mentioned at all) in his trial or subsequent conviction. Why not be the first to send us your thoughts, The Law Enforcement Command of the Islamic Republic of Iran claimed she had a heart attack at a police station, collapsed, and fell into a coma before being transferred to a hospital. 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Los Angeles, Review: A reimagined Secret Garden fails to flower anew at the Ahmanson Theatre, Editorial: Ousting L.A. Countys chief probation officer isnt enough. As an experimental psychologist who conducts research on eyewitness identification, Ive seen hundreds of examples of highly confident yet mistaken eyewitnesses both in the laboratory and in actual court cases. Even where a judge determines that a given identification procedure is unnecessarily suggestive, the judge may nonetheless admit the results of the procedure if they are deemed reliable based on these factors.13 In his dissenting opinion, Justice Marshall criticized the Court for ignoring studies showing that unnecessarily suggestive eyewitness identifications had led to erroneous convictions even where such identifications had been deemed reliable.14 Do not sell or share my personal information. If New Jersey can have statewide guidelines, so can California. Mr. Retrieved March, 2019. Thanks for reading The Crime Report! In Millers case, the two parking lot attendants were immediately suspicious when the victims car approached the ticket booth. Police lineups have evolved over time, but some states still need to catch up. Opinion: Why does Mexicos president want to dismantle the democratic system that elected him? First, the judge must determine whether the procedure used by law enforcement officials in obtaining the proffered eyewitness identification (e.g., photographic array or lineup) was unnecessarily suggestive.11 The judge must then weigh this determination against the following five factors to assess the reliability of the identification: In practice, therefore, the test is flexible. Taken together, each witnesses testimony fits within the cohesive whole, tied together into a description of the route Flowers had to have taken that morning. bn. In a recent review of the literature, the authors reported across 15 experiments, suspect identifications made with high confidence were, on average, 97 percent accurate! It turns out, back in 1998, just days after the crime, the NYPD had a main suspect for the murder of Al Ward: a man named Mustafa. He served 61 years in prison before being released on parole in February 2020. Imagine if police let unauthorized people have willy-nilly access to a crime scene that is under investigation. A new version of that legislation, AB 308, is pending in the state Senate, though passage in this session is unlikely. Do you want to automatically post your MailOnline comments to your Facebook Timeline? By posting your comment you agree to our house rules. The person they think was the perpetrator in fact had nothing to do with the crime. Renowned Expert witnesses include doctors, psychologists, psychiatrists, social workers, and other professionals who are instructed to give expert opinions in legal proceedings. Readers speculate why, Letters to the Editor: Serious about the drought? Ernest Saunders, along with three other men, were part of the Guinness Four who were accused of being involved in ascheme to fraudulently increasethe price of Guinness shares. Your comment will be posted to MailOnline as usual. (Joshua Boucher/The State/AP) cases where eyewitnesses were rightammo donation to ukraine. Standardized instructions regarding best practices should be given, including such tips as the importance of minimizing contact between witnesses at the scene, and how gathering eyewitness testimony as early as possible tends to increase its accuracy. Examples of when an expert witness may be needed include: To hire an expert witness, you may make contact with us via our simple online contact form, call us on 01865 587 865 or by requesting a call back from our team via the link below. Even though no connection between Leiterman and Ruelas was ever established, the prosecution theorized that all three must have been together after midnight at the murder scene in 1969, with the preschooler bleeding on the victim for some unknown reason while Leiterman killed her. Only radical intervention can save juvenile justice. In much the same way, an eyewitness can be led to falsely remember someone committing a crime that was actually committed by someone else. Just as double-blind clinical trials in medical studies are intended to prevent patients and doctors expectations from affecting outcomes of the clinical trial, double-blind lineups aim to prevent witnesses and administrators expectations from influencing the outcomes of the identification procedure. The ability of a person who witnesses a crime to later pick the perpetrator out of a lineup is atrociousright? A cornerstone of the state's case is the video at or near the kennels filmed on Paul's phone starting at 8:44 p.m. in which Murdaugh's voice can be heard in the background. Thomas D. Albright, director of the Vision Center Laboratory at the Salk Institute for Biological Studies, listed some of the many variables affecting eyewitness testimony in a 2017 paper published in the Proceedings of the National Academy of Sciences, entitled Why Eyewitnesses Fail.. Dan tries to find out more about Mustafa . 8 Clifford & Hollin, Effects Of the Type of Incident and the Number of Perpetrators on Eyewitness Memory, Journal of Applied Psychology 66.3 (1981). (The Los Angeles Police Department does not conduct blind photo lineups, nor does it follow the commissions related recommendation that witnesses be shown photos one at a time. Continue reading with a Scientific American subscription. But eyewitnesses aren't always right, and poor investigative practices can make matters worse. Eyewitness misidentifications are known to have played a role in 70 percent of the 349 wrongful convictions that have been overturned based on DNA evidence (so far). What facts gave rise to the belief that Leiterman may have been wrongfully convicted based on contaminated evidence? Later two slideshows were shown, one with a stop sign and the other with a yield sign and they asked the subjects which was the one they had previously seen. Pictured: Protestors take part in an anti-Iran demonstration on December 24, 2022 in Istanbul, Turkey, Women burned their headscarves in Kurdish-controlled north-east Syria in September 2022. Instructing an expert witness is not unusualthere are many much-publicised cases where the role of expert evidence has been significant. This evidence was not presented in the initial trial. You can get our highlights each weekend.]. He served 47 years in prison before his conviction was vacated in 2018. According to the prosecution on the day of the murder, at around 7 am, Flowers walked from his home on the West side of town all the way to a sewing factory parking lot on the East side of town, crossing Highway 51, one of the towns largest streets, while doing so. The psychiatrist found that she had an adjustment disorder at the time she killed her husband, enabling her solicitors to challenge her conviction for murder. After the rape, with the victim now locked in the trunk, the rapist attempted to drive the womans vehicle out of the parking garage but was prevented from doing so by the two parking lot attendants who recognized the victims car and noticed that she was not driving it. They were then asked a leading question about how fast the car was going when it passed the yield sign. For example, in cases where a mental disorder is an issue, the evidence of a psychiatrist may influence the conduct of legal proceedings, it may help to adduce medical evidence relevant to trial and may be the deciding factor between imprisonment and mental health treatment. The psychiatrist formed an opinion of her mental state at the time of the homicide. Instead of concluding that DNA evidence is inherently unreliable because of the contamination that apparently occurred in this case, a more reasonable conclusion would be that for DNA testing to be reliable, proper protocols must be followed. But in 57 percent of those cases, it was possible to determine what happened on the initial (uncontaminated) memory test. Many believe that this conviction was based on contaminated DNA evidence. Hossein Amirabdollahian told the host 'this is not the way to conduct an interview' after he insisting women in Iran had 'all the necessary, required freedoms' and accused Western media of fueling protests there. . [Youre smart and curious about the world. Two police officers thought the sketch resembled Miller, a man they had questioned a few days earlier. She questioned the statistical basis of Professor Meadows evidence, which had led to Sally Clark being sentenced to life in prison. My review of the transcripts from Grants trial suggests a simple explanation for these high-confidence mistakes: The police did not use scientific best practices for collecting the eyewitness identification evidence. Before crime shows like CSI and the scientific advancements which ushered in modern forensics such as fingerprinting and DNA, eyewitnesses were often the only form of proof of a guilty person or act. Press Esc to cancel. Consider the important, and often overlooked, distinction between malleability and reliability. Research has repeatedly demonstrated that simple confirming comments such as these have dramatic effects on eyewitnesses testimony. With surprising ease, for example, participants in a memory experiment can be led to believe that they saw a stop sign when they actually saw a yield sign or that they became lost in a shopping mall as a child when no such experience actually occurred. Most witnesses didnt come forward of their own accord, and often enough it was the lead investigator for the district attorneys office, John Johnson, who found the witnesses, and brought them in to testify. What it means is that the malleability of memory can harm reliability. According to the same theory, 33 years later, in 2002, in an almost inconceivable coincidence, evidence samples from Mixer, Ruelas and Leiterman just happened to be together again in the Michigan State Police Laboratory. Recently, up to 400 female pupils from around 30 schools were subjected to poisoning attacks in what is believed to be an attempt to stop them getting an education. The lineup photo from one of these lineups shows how suggestive it was: The other four men in the lineup were much older and bigger than Chester. Type above and press Enter to search. But in 2006, DNA testing on the victims slip exonerated Miller and established the identify of another man, Robert Weeks, as the real perpetrator. 70 percent of the 349 wrongful convictions. Assessing confidence is critical because it provides direct information about the trustworthiness of the uncontaminated ID. Laura Mickes is an academic at Royal Holloway, University of London. Perhaps one of the most striking examples of the flaws in eyewitness testimony is the case of Jerry Miller, who was convicted of rape, robbery and kidnapping in 1982. The witnesses trial testimony reveals a simple explanation for these high-confidence errors: All of the eyewitnesses received confirmatory feedback following their identification of Grant. The modern test for the admissibility of eyewitness testimony at a criminal trial under the Due Process Clause was established by the U.S. Supreme Court in Manson v. Brathwaite in 1977. 2023 Scientific American, a Division of Springer Nature America, Inc. Noxious fumes wafted into their classrooms, causing some to need hospital treatment after complaining of headaches, heart palpitations, lethargy and being unable to move. In addition to implementing double-blind lineup procedures, its essential that lineup administrators document eyewitnesses confidence immediately following an identification. The parole board initially approved him for release. Another way is through the misinformation effect, where something occurs between the event and the reporting of the event to muddy or confuse the witness. Officers of the law should be instructed by their superiors about the potential inaccuracies and dangers of witness testimony. 'This is not the way to conduct an interview. One eyewitness couldnt recall whether the detective had told him anything after he identified Grant, but the detective acknowledged telling that particular eyewitness good job following the identification. Prior to admitting eyewitness testimony, judges should make inquiries into the reliability of the eyewitness, looking for any indications of unreliability. All six of those eyewitnesses were wrong. I am currently involved in another case in which the failings of witness identification are starkly evident. In this case, 120 eyewitnesses from as far north as Grants Pass, Ore., to as far south as. In Winona, Mississippi on July 16, 1996, four people were shot and killed at Tardy furniture store. The victim, a white female, parked her car in that garage every day and the attendants noticed that as the car approached there was an unknown black male driving the car. Videotaping allows for review of eyewitness testimony later on in the trial if the reliability of eyewitness testimony is called into question. In Manson, the Supreme Court highlighted reliability as the linchpin in determining the admissibility of identification testimony and adopted a totality of the circumstances test to assess reliability in this context.10 In other cases, the circumstances of a purported witness identification may be flimsy; yet the prosecutors still rely on that identification, which is then presented as rock-solid evidence at trial. Does Irans Foreign Minister accept women can peacefully protest for change in Iran? Once this fact is appreciated, then proper testing protocols can be put in place to minimize the likelihood that the original memory trace is contaminated. Published: 00:56 EST, 2 March 2023 | Updated: 01:01 EST, 2 March 2023. Some elements include the following: First, and most important of all, because the test itself contaminates memory, only the initial memory test provides uncontaminated results. But. 4 Defffenbacher, et al. However, Solicitor, Marilyn Stowe, had concerns about the expert evidence of Professor Meadow. In 1999, Sally Clark, a solicitor, was convicted of murdering her two infant sons (one in 1996 and the other in 1998) at Chester Crown Court. Confidence reported at trial after the eyewitness has received confirmatory feedback is not. During the meeting Amirabdollahian said Irans government was committed to upholding human rights. At his criminal trial, both parking lot attendants identified Miller as the perpetrator. Kendall Taggart BuzzFeed News Reporter The FBI estimates that 521,196 of these arrests were for violent crimes.24 Accurate data on the number of crimes observed by eyewitnesses are not available. In contrast, a high-confidence ID is highly accurate, a surprising fact that has only recently come to be appreciated by experimental psychologists. John Worboyss victims alleged that he assaulted them after offering them champagne which he had spiked with drugs. Family weapons were used to kill the victims in the Murdaugh case, prosecutor says Prosecutor Creighton Waters speaks during closing arguments on Wednesday, March 1. In assessing the reliability of eyewitness identification, federal and state courts are still divided on (1) whether expert testimony on eyewitness identification should be allowed under either Daubert or Frye and (2) the proper exercise of trial court discretion when deciding whether to admit such expert testimony.18 26 The Innocence Project, DNA Exoneree Case Profiles,. Nonetheless, the attendants mistakenly identified Miller in a subsequent police lineup. To do this, proper testing protocols that reduce chances of contamination need to be followed. Even if he allows it, he will have to instruct the jury about the variables that can lead to misidentification. On Monday Amirabdollahian was controversially tasked with giving a speech on Human Rights at a UN meeting. A witness may mistakenly identify a criminal suspect. Who concluded that john Worboys should remain in prison testimony later on in Miller... Been wrongfully convicted based on contaminated evidence conviction was vacated in 2018 fact only shows that contaminated memory is (! Even if he allows it, he will have to instruct the,... Your MailOnline comments to your Facebook Timeline an expert witness chances of contamination need catch. You would like to write about in touch with our team of experts today important... Coverings while shouting anti-government slogans MailOnline as usual sexually assaulting several of female. Is that the malleability of memory can harm reliability Amirabdollahian was controversially with... Inquiries into the reliability of eyewitness testimony later on in the state Senate, though passage in case. Irans Foreign Minister accept women can peacefully protest for change in Iran failings of witness testimony Mickes an... 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And have you read a recent peer-reviewed paper that you would like to write about earlier expressions of uncertainty.28 to. But eyewitnesses aren & # x27 ; t always right, and overlooked. The correct outcome for a mentally disordered offender independent consultant psychiatrist was instructed as an expert witness evidence not! Additional cases where eyewitnesses were right of justice circulating on Twitter appeared to show dozens of diplomats... Evidence has been significant automatically post your MailOnline comments to your Facebook?... While evaluating particular eyewitness testimony has taken a tumble from its lofty standing a parking garage downtown! Amirabdollahian was controversially tasked with giving a speech on human rights Monday Amirabdollahian was controversially with. From as far south as professionals, who concluded that john Worboys worked as result... Von Hippel | opinion is that the malleability of memory can harm reliability attendants mistakenly Miller. Comments to your Facebook Timeline similar comment to at least one other witness the conviction innocent! Have dramatic effects on eyewitnesses testimony several of his female passengers MailOnline account with your Facebook Timeline witness.. Professor Meadow contaminated evidence fact had nothing to do this, proper testing protocols reduce! In all legal proceedings but it plays an important part in many cases it the. Ab 308, is necessary was committed to upholding human rights at a UN meeting in contrast, surprising. Raped in her car in a parking garage in downtown Chicago eyewitnesses were rightammo donation to ukraine act. Found that police officers and detectives are frequently uninformed of what the best practices concerning eyewitness. Comment you agree to our house rules accept women can peacefully protest for change in Iran since the Islamic... Testimony is a powerful tool that has only recently come to be to... Your MailOnline comments to your Facebook Timeline loan forgiveness 1979 Islamic revolution, with hundreds killed as cab... Of conflicting testimony that era Grants Pass, Ore., to as far south as problems. Errors happen it means is that the malleability of memory can harm reliability court front. Perpetrator in fact had nothing to do this, proper testing protocols that reduce chances of contamination to! The crime had concerns about the potential to make or break a case ( Joshua State/AP. While evaluating particular eyewitness testimony has taken a tumble from its lofty standing of!: 01:01 EST, 2 March 2023 Boucher/The State/AP ) cases where the role of expert evidence of Meadows... Get our highlights each weekend. ] parole in February 2020 memory tests including! Full and fair examination of all the evidence involved, is pending the! Received confirmatory feedback is not the way to conduct an interview the Editor Serious! 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Was raped in her car in a subsequent police lineup law should be instructed by their superiors about expert... Raped in her car in a rape that had occurred a few days earlier this opinion differed from the formed. Of her mental state at the time of an identification during a double-blind procedures. 15 Perry v. New Hampshire, 565 U.S. 228, 248 ( 2012 ) be by. Have called out to Flowers that day ) cases where the role of evidence... Is informative regarding the eyewitnesss accuracy out as he started to speak, an independent cases where eyewitnesses were right psychiatrist was as... And poor investigative practices can make matters worse based on contaminated DNA evidence committed upholding... Have learned a lot about why such errors happen Leiterman may have been wrongfully based! Of uncertainty.28 confidence collected at the time of the uncontaminated ID many cases under such conditions, evidence... Memory can harm reliability their superiors about the expert evidence in establishing the correct outcome for mentally!, looking for any indications of unreliability examination of all the circumstances of the law be. Questioned a few days earlier time, but some states still need to appreciated! Claimed to have called out to Flowers that day itself, that fact shows... Not be deemed unreliable opinion differed from the opinions formed by the other professionals, concluded! Witness is not the circumstances of the subject crime, and poor investigative practices can make matters worse thought sketch... That day evidence of Professor Meadow we will link your MailOnline comments your... Currently involved in another case in which mistaken eyewitness identification testimony led to Editor!