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Criminal

Jul. 3, 2010

A Clearer Vision: Cross-Racial Eyewitness Identification Testimony

New eyewitness study shines light on significant margin of error in cross-racial recognition of faces, prompting Harvey Gee of the Office of the Federal Defender to call for clearer rules.

By Harvey Gee

On June 21, a Special Master appointed by the New Jersey Supreme Court issued a report finding serious "flaws and inadequacies" in the present standards for eyewitness testimony, and that they should be replaced. One recommendation calls for prosecutors, not defendants, to bear the burden of proof regarding eyewitness reliability: prosecutors must inform juries and judges of the factors, proven by science, that impact the reliabili...

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