Identification from Cell Phone Video

Amicus Brief: Tighten Admissibility for Identification from Video

Attorney Wood was part of a team from MACDL, Harvard’s Criminal Justice Institute, and the New England Innocence Project that recently filed an amicus brief asking the Supreme Judicial Court to harmonize the evidentiary rules regarding the admissibility of out of court lay identification opinion based on a surveillance video with the evidentiary rules regarding traditional eye-witness identification testimony (i.e. opinion testimony about first hand observation of a suspect committing a crime). Specifically, the brief urges the SJC to apply the modern understanding of the psychological factors that affect the reliability of the identification process - which is already reflected in the model jury instructions for evaluation of eye-witness identification testimony - to the admissibility and evaluation of lay identification opinion from a surveillance video. This issue is becoming increasingly important as technological advances make surveillance video more prevalent.