Over half a century of research has established that eyewitness recollections are unreliable. This seminar summarizes that research, focusing specifically on the factors empirically-demonstrated to reduce the reliability of identifications made by eyewitnesses. Several case examples will be discussed, along with many real-world photospreads which will be analyzed for factors creating bias in the identification process.
- Introduction
- About Dr. Terrell
- Introduction to topics covered
- Overview of a recent murder trial that will be discussed as an example throughout the presentation
- Explaining Memory to Juries
- Memory is a massively complex field that is difficult to summarize in the succinct context of a direct exam
- Understanding the processes of Encoding, Storage, and Retrieval
- Memory is a reconstructive process
- Succinct generalizations about the limitations of memory that your jury can quickly understand
- Estimator Variables
- Factors beyond the control of law enforcement that limit the reliability of identifications, including
- Duration
- Latency
- Stress
- Weapon Focus
- Cross-Racial Identification
- Witness Intoxication
- System Variables
- Factors generally controllable by law enforcement that can impact the reliability of identifications, including:
- Lineup modalities
- Quality and selection of lineup photos
- Proper instructions and administration
- Proper recording of procedures and documentation of decisions
- Real-World Examples
- Application of Estimator and System Variables to three real cases
- Analysis of several real photospreads
- Questions & Answers (as time permits)
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Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.20 General
Status: Approved
Credits: 1.00 General
Status: Approved
Credits: 1.00 General
Difficulty: All Levels
Status: Approved
Credits: 1.00 General
This presentation is approved for one hour of General CLE credit in California, North Carolina, and South Carolina (all levels). This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.
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Since 2010, Dr. Terrell has consulted and testified in criminal cases involving memory. Today he is a nationwide expert focusing on eyewitness identification cases, cases involving delayed outcries of sexual assault, and other cases in which a witness’ recollection of events is in question. As of May 2025, he has consulted in over 300 cases and testified in over 50, including death penalty murder cases and appeals overseen by the Innocence Project of Texas. Read More ›