Originally published: . Volume 10, No. 7. Source pages: 6.
The Governor signed House Bill 226 into law putting limits on expert testimony regarding the issue of memory and eyewitness identification in evidence.
Act 115 retains current law stating that "A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:
"(1) The expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
"(2) The testimony is based on sufficient facts or data; (3) The testimony is the product of reliable principles and methods; and (4) The expert has reliably applied the principles and methods to the facts of the case."
The new law governs expert witnesses on the issue of memory and eyewitness identification:
"In a criminal case, if a party seeks to offer the testimony of a memory and eyewitness identification expert under this Article, such expert testimony may be considered for admission only if all provisions of Subparagraph A of this Article are satisfied. A memory and eyewitness identification expert's testimony may not be admitted under this Article if there is physical or scientific evidence that corroborates the eyewitness identification of the defendant. An expert's testimony admitted under this Paragraph shall not offer an opinion as to whether a witness's memory or eyewitness identification is accurate."
The measure became law upon signature of Governor Edwards.
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