Eyewitness Identification
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USA Today : Penn & Teller call out 'flim-flam' in Supreme Court death penalty case
Strongly undermines confidence in eyewitness testimony obtained via hypnosis
The narrative emphasizes contradictions in the witness’s account, the failure to identify Flores pre-hypnosis, and the suggestive nature of the session, all to cast doubt on the reliability of such evidence in capital cases.
“She failed to pick Flores – a Hispanic man who had short, shaved hair – out of a photo lineup. And the composite computer drawing she produced did not resemble him.”
TheJournal.ie : Brothers acquitted of attempted murder at halting site
Eyewitness identification framed as unreliable and legally insufficient
[framing_by_emphasis], [contextualisation] — The article foregrounds judicial caution about recognition evidence and defence arguments that the victims’ identifications were baseless, framing the identification process as fundamentally flawed.
“Mr Justice McDermott told the jury that the prosecution was seeking to prove the cases based on recognition evidence. He said that the jury must exercise caution in relation to recognition evidence and that there have been a significant number of cases in the past in which identification had proved to be erroneous.”