Unreliable eyewitnesses put defendants on death row

[In Other News]

Source: UPI

WASHINGTON, Oct. 16 (UPI) -- Does the routine use of eyewitnesses in American criminal cases contribute to trials that put innocent people behind bars -- even on death row? Evidence suggests it does.

The U.S. Supreme Court is getting ready to hear a case out of New Hampshire that deals with a subtle but important point in the witness process.

Lawyers for a hapless burglar say the case asks whether the due process -- or fair trial and procedure -- guarantee in the 14th Amendment bans the use of all "unreliable eyewitness identification" arising from "impermissibly suggestive circumstances and which are very substantially likely to lead to misidentification, or only to those identifications which are also the product of 'improper state action?'" -- meaning police manipulation. But in a larger sense, the whole idea of eyewitness evidence is under attack in the case, scheduled to be heard Nov. 2.

"DNA analysis in particular has demonstrated that misidentifications by eyewitnesses continue to lead to a high incidence of miscarriages of justice, as previously recognized" by Supreme Court precedent, the New Hampshire defendant's merit brief to the U.S. Supreme Court said.



Read more: http://www.upi.com/Top_News/US/2011/10/16/Under-the-US-Supreme-Court-Unreliable-eyewitnesses-put-defendants-on-death-row/UPI-70051318750200/?spt=hs&or=tn

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Hell, even the police acknowledge that eyewitness testimony is the least reliable source of evidence. The fact that people can be sent to the death chamber on it in a majority of U.S. states is nothing short of astonishing.

[elleng]

1. Yes, I think its been recognized for many years that 'eyewitness testimony'

generally unreliable. ONE of the reasons I oppose death penalty, and went to law school.

[In Other News]

2. Up here, we don't have the death penalty.....

And yet, our crime rates are lower than yours. Canada used to have the noose, but we gave it up in 1975. In the ensuing decades, we have found that the rate of violent crime has not changed. Personally, I'm conflicted, as scum like Clifford Olson and Paul Bernardo deserve capital punishment. On the other hand, we won't have any Troy Davis situations, thank whatever gods may be.

PS: GO MOUNTAINEERS, BAY-BEE!

[elleng]

3. Pretty clear death penalty not a deterrent.

Surely we all feel some instances where perps deserve to die, but NOT by 'official' state action.

P.S., move over, heading NORTH if 2012 elections go awry!!!

:hi:

[customerserviceguy]

4. If it takes 20-25 years for 2% of those given the DP to have it applied

Then, yes, it is not a deterrent. Small wonder, huh?

[In Other News]

5. Are you ready for the Godless Tyranny of Free Health Care?

It's horrible, I tells ya! In some extreme cases, you might not even be charged for medication! AIEEEEEEEEEEEEEEEEEEEEEEEEEE!!!

[elleng]

6. Eh?

(P.S., ain't no 'free' health care, or ANYTHING, EVER!!!)

[In Other News]

8. True that!

We pay more taxes (as a percentage) than you do. But it's worth it. ;-)

[blueclown]

7. What say you, Anthony Kennedy?

We all how the other 4 clowns will rule..