HB147HD1 EYEWITNESS ID
Read Committee Report:
The HD1 (1) Clarifies the requirement for consistent appearance with respect to unique or unusual features for participants in the photo or live lineup;(2) Ensures that any identification actions, e.g., speaking or moving, are performed by all lineup participants in a live lineup;(3) Deletes the provision for instructions to the jury regarding eyewitness identifications because it duplicates the Hawaii Supreme Court’s requirements.
The bill allows law enforcement to plead “too burdensome”, however CAP offered to buy file folders for each county so that eyewitness identifications could still be “blind” because the folders are shuffled.
3.10.15 Crossed to Senate – PASSED 49-2 (McDermott, Tupola voting no)
3.12.15 PASSED 1st Reading in Senate – Referred to JDL, WAM
CAP POSITION: SUPPORT
Why this bill should be supported:
- 72% of the 325 wrongful convictions were due to eyewitness mis-identification
- The October 2014 produced by the National Research Council validates that the mind is not a videocamera and memory is unreliable
- It is scientifically sound best practice for police and courts to reform their eyewitness identification procedures (see CAP testimony here)
- The report is the result of 30 years of research and field testing
- Setting uniform standards statewide for eyewitness identification procedures is important to improve the quality of justice in Hawai`i