Eyewitness Identification and Facial Image Comparison Evidence in Common Law Jurisdictions

Abstract

This chapter concerns with the manner in which eyewitness identification evidence is dealt with by the criminal justice system, and examines the way in which images of offenders are used to generate identification evidence. On one hand, it shows a sharp contrast between long-standing judicial acknowledgement of the fallibility of eyewitness identification, and on the other, a general inattentiveness to the problems associated with the use of images of offenders. The chapter also considers the adequacy of the law generally, using the law in various jurisdictions as exemplars. It deals with uncertainty in fact-finding and the distorting effects of adversarial criminal process, and discusses th..