CAP Action Alert: Very Important Bill – Tuesday 2.11.14

VERY IMPORTANT BILL IN HOUSE JUDICIARY TUESDAY, 2.11.14 @ 2PM

 PLEASE SUPPORT!

This bill is from last session. It is crucially important in convicting the guilty and freeing the innocent.

HOW TO SUBMIT TESTIMONY:

  • cap action alertSign in at the top of page.
  • Click on the “Submit Testimony” icon.
  • Type the Bill number in the box and click on “Submit.”
  • Click on “support” or “oppose”
  • Click on “Individual” (unless you are a bonafide Organization)
  • Add comments if you wish or attach written testimony from your browser Click on “Next”
  • Check small box at the bottom
  • Press Submit again and you will get a “Successful” message
  • A copy of your testimony will be emailed back to you.

COMMITTEE ON JUDICIARY
Rep. Karl Rhoads, Chair
Rep. Sharon Har, Vice Chair
Tuesday, February 11, 2014
2:00 p.m.
Room 325

SUPPORT FOR HB 274 – EYEWITNESS ID

HB 274                  CRIMINAL PROCEDURE                                                                                                                 JUD, FIN

                                http://www.capitol.hawaii.gov/session2014/bills/HB274_.pdf

Creates procedural and administrative requirements for law enforcement agencies for eyewitness identifications of suspects in criminal investigations. Grants a defendant the right to challenge any eyewitness identification to be used at trial in a pretrial evidentiary hearing. Takes effect 1/1/2014.

CAP POSITION: SUPPORT FOR HB 274

Talking Points:

  • 2013 was a record-breaking year for exonerations in the US with 87 exonerations
  • The mind is not a videocamera
  • Eyewitness ID has been shown to be accurate in only 8% of test cases
  • Of 312 exonerations,  nearly 75% of the cases were false eyewitness identifications
  • False eyewitness identifications are the most prevalent cause of wrongful conviction
  • Alvin Jardine from Maui served 22 years in prison for a crime he did not commit based on false eyewitness identification
  • When police are focus on false ids, the police are led away from real perpetrator
  • American Judicature Society’s (AJS) rigorous, robust scientific field study demonstrated the superiority of the blind-sequential procedure over the blind-simultaneous procedure
  • AJS study showed there was NO LOSS in correct identifications using the blind-sequential procedure and a 50% reduction in incorrect identifications.
  • Justice demands that the evidence be reliable before someone’s liberty is taken away

Here is a simple statement you can use:

The single greatest contributing factor to wrongful convictions is eyewitness misidentification, contributing to nearly 75 percent of the 312 wrongful convictions overturned by DNA evidence. Fortunately, there are readily available changes to police identification procedures that can greatly improve the reliability of eyewitness evidence and enhance law enforcement’s ability to zero in on true perpetrators early on in the investigative process.  Failure to implement scientifically-supported best practices not only leaves innocent people vulnerable, it also puts the public at great risk since any focus on the wrong person allows the real perpetrator to remain undetected.

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