What does social science research say about suggestive identification procedures and the probability of misidentification?
In support of his argument in favor of the right to counsel during the display of photographs or a video tape of the accused to a potential witness, Jones, the petitioner in the 2004 Case, cites psychological studies and social science research. This research recounts the subtle suggestiveness of photographic or video displays, the likelihood that such suggestiveness will lead to misidentification, and the fact that a misidentification, once made, is unlikely to be corrected. Jones also argues that the potential for misidentification is very serious, as shown by the recent trend of wrongful convictions revealed through the use of DNA evidence. One helpful resource for understanding reliability concerns presented by eyewitness evidence is the research report from the National Institute of Justice, entitled Convicted by Juries, Exonerated by Science: Case Studies in the Use of DNA Evidence to Establish Innocence After Trial. This report discusses twenty-eight cases from around the countr
