ABSTRACT
Eyewitness error is not as "American as apple pie", as the phenomenon of mistaken identification knows no borders and has been recognized as a problem in many nations. This chapter assesses the history of mistaken identification in the US, and the recognition arising from early DNA exonerations of eyewitness fallibility as a severe concern in criminal justice. It describes the explosion of scientific research that has addressed causes of eyewitness error. The chapter also presents the response of courts to eyewitness testimony and error is surveyed and assessed. It addresses proposed "systems" responses and the current developments in law and policy that seek to remedy or ameliorate this problem. The criminal trial process in the US offers no consistent and reliable solution to the problem of mistaken identification.
