Eyewitness testimony and forensic science are key forms of evidence used in criminal cases. But over the past few decades DNA analysis—and the exonerations it has prompted—has revealed how flawed these types of evidence can be. According to the Innocence Project, mistaken eyewitness identifications played a role in 70% of convictions that were ultimately overturned through DNA testing, and misapplied forensic science was found in nearly half of these cases.

In this episode we speak with Jed Rakoff, senior US district judge for the Southern District of New York.  Judge Rakoff discussed the weaknesses in eyewitness identification and forensic science and offered thoughts on how judges, policymakers, and others can reform the use of these methods and get stronger science into the courtroom.

Recommended Reading

Read Jed Rakoff’s book Why the Innocent Plead Guilty and the Guilty Go Free: And Other Paradoxes of Our Broken Legal System

And two National Academies reports:

Identifying the Culprit: Assessing Eyewitness Identification

Strengthening Forensic Science in the United States: A Path Forward