Monday, May 28, 2007
CrimProf Mark Brodin's Law Review Article Helps Transform Tenn.'s View of Eyewitness ID and the Death Penalty
Boston College CrimProf Mark Brodin's scholarship has played a pivotal role in a wide variety of matters concerning the law of evidence and the law of civil and criminal procedure. Most recently, his work has been influential in the outcome of an important case involving eyewitness testimony in a death penalty matter.
In the case, Tennessee v. Copeland, the Supreme Court of Tennessee reversed a lower court conviction and death penalty sentence, in part, on the grounds that the trial court erred by disallowing expert testimony on the issue of the reliability of eyewitness identification. This ruling drew on Professor Brodin's University of Cincinnati Law Review article, Behavioral Science Evidence in the Age of Daubert: Reflections of a Skeptic.
The Court went on to conclude that the trial court's error in failing to allow a defense expert to testify as to the reliability of eyewitness identification was not harmless. [Mark Godsey]