Creative Approaches to Challenging Eyewitness Identification Evidence: Mobilizing Scientific Research in Post-Conviction Litigation

Location: Continental Ballroom
Date: Sat, March 24
Time: 3:15 PM - 4:30 PM

While research on the fallibility of eyewitness ID evidence is well established in the scientific community, the criminal justice system has not fully reckoned with its findings. Presuming familiarity with this research and the legal framework governing eyewitness ID, this panel will explore creative ways to mobilize the eyewitness ID science as part of a broader litigation strategy. Innocence Network attorneys will discuss how they used this research in cases where ID issues had not been fully litigated at trial (e.g. by advancing newly-available evidence and ineffective assistance of counsel theories), and, where ID issues had been raised, how they harnessed increased familiarity with eyewitness ID research to bolster the significance of other errors in the case. The panelists will also discuss how they have rebutted prosecutorial misrepresentations about the significance of eyewitness evidence, and challenged eyewitness evidence from innovative angles.

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