Harnessing the current scientific consensus on the neuroscience of memory, CLBB recently contributed to a fundamental shift in the treatment of eyewitness identifications in Massachusetts courtrooms. CLBB partnered with the American Psychological Association to submit an Amicus Brief to the Massachusetts Supreme Judicial Court which outlined the latest neuroscientific understanding of eyewitness memory.
The brief addressed the misconception that human memory may work like a video camera and rejected the notion that witnesses who are highly confident in their identifications are therefore necessarily reliable. It outlined research demonstrating that a witness’s viewing of the same suspect in multiple identification procedures lowers the reliability of subsequent identifications and research regarding the effect of stress on the ability to recall past events. The Court embraced the core arguments presented in the Amicus brief, namely that these scientific principles regarding the limits of eyewitness identification are so well established that in appropriate cases, juries should be explicitly instructed about these limitations. Continue reading »