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How effective are legal rules, including common law rules & rules established by the US Supreme Court (under the due process clauses & the 6th Amendmentright to counsel) in improving the accuracy of eyewitness identification In answering this question, f - Essay Example

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Eyewitness testimony is a convincing body of evidence whose admissibility at trial is not subject to question despite its vulnerability to psychological flaws. In almost all of criminal cases handled within the commonwealth jurisdiction, the prosecution’s primary body of…
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How effective are legal rules, including common law rules & rules established by the US Supreme Court (under the due process clauses & the 6th Amendmentright to counsel) in improving the accuracy of eyewitness identification In answering this question, f
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"How effective are legal rules, including common law rules & rules established by the US Supreme Court (under the due process clauses & the 6th Amendmentright to counsel) in improving the accuracy of eyewitness identification In answering this question, f"

Download file to see previous pages In light of the pivotal role played by eyewitnesses, evidence rules at common law level, as was evident in the verdict on United States v. Wade, 388 U.S. 218 (1967) are relatively effective in requiring the parties to not only identify criminal suspects before the court, but also to volunteer evidence at pretrial stages for more scrutiny. Zalman (2011) noted that evidence of several, consistent eyewitness identifications as provided for under the Due Process Clause of the 14th Amendment tend to weaken the ability of a defendant to escape conviction and vice versa. Conversely, owing to the common issue of wrong identifications, defendants have a right to counsel under the Sixth Amendment primarily to educate the court about issues, which may affect the integrity of eye­witness identifications.
The constitutional right to counsel from the pretrial stages through to the trial process as provided for under the Sixth Amendment ensures that any form of skewed collection of evidence that may jeopardize the fair trial of the defendant is disallowed under the exclusionary rule (Zalman, 2011). During eyewitness identification by lineups, for instance, a defense attorney would ensure that police officers use the right number of people (five to six), and that the suspect and the fillers resemble each other. Each member of the group must also match the description which the police obtained from the eyewitnesses for more accurate outcomes. In addition, an attorney would also ensure that a witness is provided with the right number of photos of persons bearing the same qualities during a photo identification process after administering them with proper instructions for credible outcomes. At trial, Woody (2003) noted that eyewitness identification ensures the accuracy of the prosecution evidence by deducing its integrity by cross-examining the witnesses in question.
Despite the importance of eyewitness identification, Woody (2003) said psychologies have discovered potential ...Download file to see next pagesRead More
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