TY - JOUR
T1 - An examination of criminal jury directions in relation to eyewitness identification in Commonwealth jurisdictions
AU - Bromby, Michael
AU - MacMillan, Moira
AU - McKellar, Patricia
N1 - Originally published in: Common Law World Review (2007), 36 (4), pp.303-336.
PY - 2007/12/1
Y1 - 2007/12/1
N2 - This paper presents an analytical review of judicial directions to guard against wrongful convictions based upon erroneous eyewitness identification evidence. Factors known as the Turnbull Rules, derived from the English case R v Turnbull, are of significance within many common law jurisdictions when considering the accuracy of eyewitness identifications and the practice of jury directions or mandatory warnings. The influence of these rules, together with variations in the approach taken by Commonwealth jurisdictions, illustrates that while the factors identified in Turnbull are to be found in the approaches adopted across the various jurisdictions studied, there is diversity in terms of whether or not such directions are mandatory and also as to their form and scope.
AB - This paper presents an analytical review of judicial directions to guard against wrongful convictions based upon erroneous eyewitness identification evidence. Factors known as the Turnbull Rules, derived from the English case R v Turnbull, are of significance within many common law jurisdictions when considering the accuracy of eyewitness identifications and the practice of jury directions or mandatory warnings. The influence of these rules, together with variations in the approach taken by Commonwealth jurisdictions, illustrates that while the factors identified in Turnbull are to be found in the approaches adopted across the various jurisdictions studied, there is diversity in terms of whether or not such directions are mandatory and also as to their form and scope.
KW - criminal jury
KW - eyewitness identification
U2 - 10.1350/CLWR.2007.36.4.303
DO - 10.1350/CLWR.2007.36.4.303
M3 - Article
JO - Common Law World Review
JF - Common Law World Review
SN - 1473-7795
ER -