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Assignment:
There is research to suggest transracial eyewitness identification is less reliable than if one is identifying someone of their own race. Only the judge may allow expert evidence about factors that may influence the reliability of eyewitness identification and most judges will not allow such testimony, deciding that the jury is the proper body to determine if an eyewitness is correct in identifying the offender.
Most eyewitnesses testify that they are 100% certain in their identification of the offender and they would not "put an innocent man in jail." Given the rate of mistaken identification, do you think the jury should decide if the eyewitness has made the correct identification pursuant to the Biggerstest, or should the judge be the "gatekeeper" and make the determination of eyewitness reliability in a scientific way under the Daubert test for admissibility of expert testimony?
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