When an officer places a suspect in an identification procedure and the witness identifies the suspect, it falls on attorneys to make decisions that reflect the strength of that identification. The factor that most affects the strength of identification evidence is the likelihood that the suspect is guilty before being subjected to the procedure, which scholars refer to as the prior probability of guilt. Given large racial disparities in exonerations based on eyewitness misidentifications, the current work examined whether defense attorneys are less sensitive to prior evidence of guilt when the defendant is Black as opposed to White.
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Katzman et al. (2024) studied this question.
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