Joette Katz, a partner with Shipman & Goodwin. Courtesy photo. Re-examining Claims of Self-Defense
We may need to change our focus, to see the world through the eyes of someone whose perceptions have been shaped by years, sometimes a lifetime, of brutality
October 29, 2024 at 03:37 PM
8 minute read
CommentaryOur law doesn't always keep pace with teachings from science, psychology, brain development, or mental health. But when it finally catches up, it is indeed newsworthy. For example, it was in 2012, when in State v. Guilbert, fueled by the Identification Task Force chaired by Justice Borden, and in recognition of the developments in the cognitive science of eyewitness identification, the Supreme Court established new rules for cases in which eyewitness identification evidence is proffered. ("[E]xpert testimony on eyewitness identification is admissible upon a determination by the trial court that the expert is qualified, and the proffered testimony is relevant and will aid the jury.")
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