The Intractability of Inaccurate Eyewitness Identification

Daedalus, the Journal of the American Academy of Arts & Sciences, Vol. 147, No. 4, Fall 2018

UC Irvine School of Law Research Paper No. 2018-61

10 Pages Posted: 1 Nov 2018

See all articles by Jed S. Rakoff

Jed S. Rakoff

New York Southern District Court

Elizabeth F. Loftus

University of California, Irvine - Department of Psychological Science; University of California, Irvine School of Law

Date Written: October 31, 2018

Abstract

Inaccurate eyewitness testimony is a leading cause of wrongful convictions. As early as 1967, the U.S. Supreme Court recognized this danger, but the tests it promulgated to distinguish reliable from unreliable eyewitness testimony were based largely on surmise. More recently, substantial research has demonstrated that, while significant improvements can be made in the manner in which lineups, photo arrays, and other identification procedures are conducted, inherent limitations of human perception, memory, and psychology raise, in many cases, intractable barriers to accurate eyewitness testimony. Where barriers to accurate eyewitness testimony exist, one response is to sensitize jurors to the limitations of eyewitness identifications, but studies to date have not shown that special jury instructions can accomplish that purpose. Moreover, research on expert testimony has produced mixed results, with some studies showing that it helps jurors discriminate between good and bad eyewitness evidence, and other studies showing that it merely creates overall skepticism.

Suggested Citation

Rakoff, Jed S. and Loftus, Elizabeth F., The Intractability of Inaccurate Eyewitness Identification (October 31, 2018). Daedalus, the Journal of the American Academy of Arts & Sciences, Vol. 147, No. 4, Fall 2018, UC Irvine School of Law Research Paper No. 2018-61, Available at SSRN: https://ssrn.com/abstract=3276386

Jed S. Rakoff (Contact Author)

New York Southern District Court

500 Pearl Street
New York, NY 10027
United States

Elizabeth F. Loftus

University of California, Irvine - Department of Psychological Science ( email )

4201 Social & Behavioral Sciences Gateway
University of California, Irvine
Irvine, CA 92697-7085
United States

University of California, Irvine School of Law

401 E. Peltason Dr.
Ste. 1000
Irvine, CA 92697-1000
United States

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