The Third Circuit announced this afternoon that it has created the Third Circuit Task Force on Eyewitness Identifications. The order creating the task force was signed by Chief Judge McKee. The task force will:
make recommendations regarding jury instructions, use of expert
testimony, and other procedures and policies intended to promote reliable practices
for eyewitness identification and to effectively deter unnecessarily suggestive
identification procedures, which raise the risk of a wrongful conviction.
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In order to discharge its responsibilities, the Task Force shall study the
available research pertaining to best practices for criminal investigations and
courtroom procedures, including without limitation: protocols for obtaining
identifications, expert testimony during trial, jury instructions, and any other area
pertaining to eyewitness identifications and testimony that can minimize the risk of
The task force will issue a final report within 9 months, unless extended. The report will then be distributed to the district judges within the circuit.
The task force is comprised of 17 members: 4 CA3 judges (McKee, Smith, Shwartz, Restrepo), 6 district judges, a magistrate judge, a federal defender, a US Attorney, an FBI agent, a state AG, and two academics. McKee and EDPA Judge Goldberg are the co-chairs.
The announcement comes just weeks after the court’s en banc ruling in Dennis v. Secretary, in which the court affirmed habeas relief in a capital case and Chief Judge McKee wrote an extraordinary 54-page concurrence to “underscore the problems inherent in eyewitness testimony.”
UPDATE: the Court posted this press release, too.