Brief of the American Psychological Association as Amicus Curiae in Support of Defendant-Appellant
American Psychological Association
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Summary

APA argues that an eyewitness’s failure to identify a defendant in a lineup, followed by repeated suggestive exposures, contaminates memory and defeats any claim of an independent source for a later in-court identification.

2025 | State Juristiction

Brief of the American Psychological Association as Amicus Curiae in Support of Defendant-Appellant

Keywords eyewitness; defendant; lineup; memory; in-court identification; suggestive exposures; contaminate memory; identification
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Summary

When an eyewitness does not identify a defendant in a lineup, but is later repeatedly shown suggestive information, their memory becomes tainted. This process undermines any claim that a subsequent identification made in court came from an independent, untainted source.

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Summary

The American Psychological Association (APA) suggests that when an eyewitness does not identify a defendant in an initial lineup, and is then repeatedly shown the defendant in ways that might influence their memory, the witness's memory becomes tainted. In such cases, any later identification of the defendant made in court cannot be considered to have come from an independent or reliable source.

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Summary

The American Psychological Association (APA) suggests that if an eyewitness fails to identify a defendant in a lineup, and is then repeatedly exposed to suggestive information, their memory becomes tainted. This makes it impossible to claim that any later identification made in court comes from a reliable, original source.

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Summary

When a person does not pick out a suspect from a group, and then sees that suspect many times in ways that suggest guilt, it can change their memory. This makes it hard to say their later identification in court came from a fresh, unbiased look.

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Footnotes and Citation

Cite

Brief of the American Psychological Association as Amicus Curiae in Support of Defendant-Appellant, People v. Wright, APL-2024-00040 (N.Y. Apr. 25, 2025)

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