Eyewitness testimony—seen more as the staple of state court trials rather than federal, more often the subject of focus in criminal trials than in civil litigation—is, in fact, ubiquitous. For federal courts, it is involved in trials and in review of state court convictions, particularly on habeas. The prominence of eyewitness testimony, and the great harm that can occur when the eyewitness is sincere but wrong, led to the creation of the Third Circuit Taskforce on Eyewitness Identification in October 2016. Its report, the product of more than three years of work, has now been published.
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