Using eyewitness misidentification – one of the leading contributors to wrongful convictions and the most thoroughly and scientifically studied of those contributors – as the focus, this Article begins to fill that void by empirically analyzing a variety of approaches to eyewitness identification reform that have been attempted. This Article establishes a taxonomy of reform efforts that includes top-down, command-and-control legislation; entirely bottom-up, essentially laissez-faire approaches to identification practices; and a hybrid that builds on emerging notions of democratic experimentalism – a form of “new governance” – to foster bottom-up experimentation by imposing obligations on police while giving them the freedom to develop their own locally tailored responses to the problem of eyewitness error
Keith A. Findley,
Implementing the Lessons from Wrongful Convictions: An Empirical Analysis of Eyewitness Identification Reform Strategies,
81 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol81/iss2/6