Supremes Missed the Boat….

It becomes obvious that the members of the Supreme Court have never tried a criminal case and the one that is closest was a prosecutor…they completely miss the point of the eyewitness argument and their recent oral argument on the subject shows a real lack of sophistication on the matter….one need look only no farther than the number of eye witness identifications that were made in convictions that were subsequently overturned by DNA evidence…Humans are not video players …we should not treat them as such….

It is important to take into consideration where you are….

Adam Benforado (Drexel University – Earle Mack School of Law) has posted The Geography of Criminal Law (Cardozo Law Review, Vol. 31, No. 3, 2010) on SSRN. Here is the abstract:

When Westerners explain the causes of actions or outcomes in the criminal law context, they demonstrate a strong tendency to overestimate the importance of dispositional factors, like thinking, preferring, and willing, and underestimate the impact of interior and exterior situational factors, including environmental, historical, and social forces, as well as affective states, knowledge structures, motives, and other unseen aspects of our cognitive frameworks and processes. One of the situational factors that we are particularly likely to overlook is physical space – that is, landscapes, places, natures, boundaries, and spatialities. Our shortsightedness comes at a great cost. Spatial concerns shape legal structures, order interactions, and influence behavior.