Networked Knowledge
Identification Evidence Homepage

Authors of this page: Dr Robert N Moles and Bibi Sangha

Go to: Networked Knowledge - the Henry Keogh homepage
Go to: A state of Injustice - table of contents
Go to: Losing Their Grip - The Case of Henry Keogh - table of contents

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Australian Law Reform Commission Report

Extract from Report 26 Vol 2 Chapter 11

California Commission Report on Fair Administration of Justice May 2008

The report deals with eye witness identifications
It also has sections on false confessions, informant testimony, scientific evidence and the responsibilities of defence and prosecution lawyers

2006 - The Wrongful Conviction of Peter Rose - Susan Rutberg - Golden Gate University Law Review

Professor Gary Wells - articles on identification issues

Introduction to eye-witness evidence issues

Methods involved in eye-witness identification

Interviewing eye-witnesses - Cognitive Interviews

Lineups for Identifications

Using composite constructions of suspects See DNA article

References

Innocence Institute of Point Park University

False eyewitness identifications - articles and reports in Pennsylvania
9 May 2005 - most police unaware of eye witness guidelines and the police chief says that he wouldn't follow them anyway.

Media Reports

13 October 2008 - Dallas Morning News - DNA exoneree fell victim to 'drive-by' identification
10 October 2008 - Dallas Morning News - Eyewitnesses still play key roles in cases where DNA, other evidence is lacking
10 October 2008 - Dallas Morning News - 18 Dallas County cases overturned by DNA relied on heavily eyewitness testimony
19 September 2008 - Dallas Morning News - Wrongly convicted rape defendant [Johnnie Earl Lindsey ] freed after 26 years
26 June 2008 - The Star - Acquitted man [Hanemaayer] demands justice reforms
24 June 2008 - Globe and Mail - Man accused in sex attack to be acquitted [Anthony Hanemaayer]
25 June 2008 - Canwest News Service - Ontario man exonerated after Bernardo confession
21 May 2008 - Free Press - Man to be freed in '82 assault [Walter Swift] - Detroit case said to have shaky ID
11 June 2008 - Associated Press - Texas Appeals court officially clears wrongly convicted man [Thomas McGowan]
20 June 2008 - Globe and Mail - Bernardo confessed to sex-crime Ontario man was convicted for
21 May 2008 - Free Press - [Walter Swift] 26 years after conviction in rape case, 'He's a free man
22 February 2008 - Los Angeles Times - His testimony convicted - and could set free
6 July 2007 - Dallas Morning News - DA opposes new trial for man [Benjamin Spencer] claiming wrongful conviction
4 July 2007 - WA Sunday Times - $163,000 for 18 months jail
3 May 2007 - Washington Post - Exonerations Change How Justice System Builds a Prosecution
14 April 2007 - Union Tribune by Ray Huard on release of Timothy Atkins
9 May 2005 - Pittsburgh Post-Gazette - Most local police unaware of witness guidelines

Trial Judge Directions on Identification Evidence

2004 - R v Baltovich Ontario Court of Appeal

2003 - Benedetto v R Privy Council UK - role of prosecutor

2001 - Smith - High Court - 2 distinctive analyses by judges

R v Clarke 1997

R v Heuston1995 - Heuston - Court of Criminal Appeal NSW

1992 - Domican - High Court

1981 - Alexander - High Court

1937 - Davies and Cody - High Court

Body and facial mapping

2007 - Murdoch - NT Appeal (Faloconio and Lees)

2006 - Hien Puoc Tang - NSW Appeal

Mere resemblance insufficient

2001 - Festa - High Court

1995 - Pitkin - High Court

Identification Warnings

2003 - Dhanhoa - High Court

R v Clarke (1997) 97 A Crim R 414 at 425

1992 - Domican - High Court

A number of honest witnesses may be mistaken

R v Haidley & Alford [1984] VR 229 at 231, 251–252

R v Weeder (1980) 71 Cr App Rep 228 at 231;

Motive to lie

R v Ilioski [2006] NSWCCA 164 at 97–102

Flawed

R v Coxon [2002] SASC 165 at 55,  referred to with approval in R v Razzak [2004] NSWCCA 62 at 28

Negative or Exculpatory

R v Kanaan [2006] NSWCCA 109 at at 62–65

R v Rose (2002) 55 NSWLR 701 at 314

Voice Identification

R v Adler 2000 52 NSWLR 451

R v Leung and Wong 1999 47 NSWLR 405

Bulejcik v The Queen 1996 185 CLR 375

R v EJ Smith 1987 7 NSWLR 444

Andrew Butcher is a specialist in forensic phonetics at Flinders University in South Australia. A paper on his work is available here.

http://www.flinders.edu.au/speechpath/Prato.pdf

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