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    Tri-State Vagaries: The Varying Responses of Delaware, New Jersey, and Pennsylvania to the Phenomenon of Mistaken Identifications

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    Genre
    Journal article
    Date
    2006
    Author
    Epstein, Jules
    Subject
    Mistaken identification
    Eyewitness
    Wrongful conviction
    Criminal law
    Delaware
    Pennsylvania
    New Jersey
    Permanent link to this record
    http://hdl.handle.net/20.500.12613/6747
    
    Metadata
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    DOI
    http://dx.doi.org/10.34944/dspace/6729
    Abstract
    Mistaken identifications vex the criminal law, and are a manifest and well-documented source of wrongful convictions. Remediation of this problem requires an understanding of both the psychology of witness perception, memory and recall and the many points in the criminal law process - both investigative and adjudicative - where identification issues loom - lineups and photo arrays; suppression hearings; the direct and cross-examination of eyewitnesses; opening and closing statements; and jury instructions. This Article examines the psychological findings of more than a quarter century and uses the law of three adjoining states - Delaware, New Jersey, and Pennsylvania - to examine how the legal system responds to (or ignores) these findings, with a goal toward identifying areas where improvements in the legal process can increase confidence and accuracy in eyewitness-based prosecutions.
    Citation
    Jules Epstein, Tri-State Vagaries: The Varying Responses of Delaware, New Jersey, and Pennsylvania to the Phenomenon of Mistaken Identifications, 12 WIDENER L. REV. 327 (2006).
    Citation to related work
    Widener University School of Law
    Has part
    Widener Law Review, Vol. 12, No. 2
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