Discussion Paper 1 – Eyewitness Identification and Police Investigation of Sexual Assault

Directions:

Discussion Paper #1

Chapters 1-3 – Eyewitness Identification & Police Investigation of Sexual Assault

After reading chapters 1-3 of Wrongful Convictions Law, Science and Policy 2nd Edition. James Acker & Alison Redlich. Carolina Academic Press 2011. ISBN #978-1-59460-753-0, which provide an overview of the issues of prosecutorial immunity, eyewitness identification procedures, and related legal rulings, students should be able to articulate key problems and issues that arise in identifying potential perpetrators. The associated videos provide applied examples of cases of wrongful convictions in both child and adult sexual assault cases. The purpose of this paper is to apply the legal and investigative issues in sex crimes to eyewitness identification and police procedures and responsibilities.

Note: Please use sources but do not clutter the paper with just direct quotes from the sources.

Questions that ALL must be answered in the paper:

1. What are system variables and estimator variables and how do they potentially affect an eyewitness’s identification of a possible perpetrator?

1a. Does law enforcement have any responsibility to address either variable? Why? Why not?

2. In the adult rape case involving Jennifer Thompson and Ron Cotton, why did the victim repeatedly misidentify who her rapist was?

2a. Did system or estimator variables affect Ron Cotton’s case?

2b. If yes, why, and how? If not, why not?

3. In allegations involving child sexual assaults, what specific evidentiary problems exist in eyewitness identifications?

4. Can the trauma of sexual assault impact the survivor’s identification of the alleged assailant?

4a. Is it any different for child victims than adult survivors? Explain and discuss your answers.

5. Are there any “best practices” law enforcement can use in eyewitness identification procedures? Explain and discuss your answer.