NAS on Eyewitness Identification

By David Korn

The National Academies of Sciences (NAS) has just released a new report, “Identifying the Culprit: Assessing Eye Witness Identification,” prepared by a study committee equally composed of scientists and lawyers, including prosecutors and defense attorneys, and co-chaired by federal judge Jed Rakoff. The report critically examines the current status of fundamental vision research into the processes of visual memory formation, storage and recall.  The committee also reviewed the current status of applied research in suspect identification techniques, pointing out that “the jury is still out” on the relative advantages and disadvantages of simultaneous vs sequential line ups and presentations of photo arrays of suspects to eye witnesses.

The central finding, supported by an abundance of robust research, is the fragility and malleability of visual memory formation, storage and retrieval, and the susceptibility of visual memory, at every step in the process,  to suggestion.  Visual memories of incidents are in no way like photographs that accurately record whatever is in the focus of the lens and then store those photographs permanently without alteration.  The report urges that police officers and judges alike recognize these frailties and establish procedures for police officers at the scene of the crime and in administering lineups or photo arrays, that would minimize corruption of the visual formation, storage, and recollection of memories by eyewitnesses.   The report urges that states develop uniform guidance for jurists regarding the conduct of pre-trial inquiries into the quality and credibility of eyewitness testimony, as well as judicial instructions to jurors in interpreting and evaluating eyewitness testimony.  This is an excellent report that deserves your awareness and attention.

The Petrie-Flom Center Staff

The Petrie-Flom Center staff often posts updates, announcements, and guests posts on behalf of others.

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