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In eyewitness identification, in criminal law, evidence is received from a witness "who has actually seen an event and can so testify in court". [1]The Innocence Project states that "Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing."
Eyewitness testimony is the account a bystander or victim gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. Ideally this recollection of events is detailed; however, this is not always the case.
Amicus curiae briefs were filed by the American Psychological Association, [4] the Innocence Network, and the National Association of Criminal Defense Lawyers. [5]The U.S. Supreme Court [6] delivered its 8–1 decision on January 11, 2012, deciding that judicial examination of eyewitness testimony was required only in the case of police misconduct.
The Rashomon effect describes how parties describe an event in a different and contradictory manner, which reflects their subjective interpretation and self-interested advocacy, rather than an objective truth. The Rashomon effect is evident when the event is the outcome of litigation.
This witness, sometimes known as the sponsor or the authenticating witness, is giving direct (eyewitness) testimony, and could present credibility problems in the same way that any eyewitness does. Eyewitness testimony is frequently unreliable, or subject to conflict or outright fabrication. For example, the RMS Titanic sank in the presence of ...
Researchers know better ways to get accurate information from child witnesses. FatCamera/E+ via Getty ImagesEyewitness memory has come under a lot of scrutiny in recent years, as organizations ...
Münsterberg points out the various reasons why eyewitness testimony is inherently unreliable. He describes how eyewitness testimony is inherently susceptible to what he calls "illusions" where a subject's perceptions could be affected by the circumstances, making their memory of the events that transpired or testimony inaccurate.
However, any hearsay that is not objected to or thrown out by a judge is considered evidence for a jury. This means that trials contain quite a bit of anecdotal evidence, which is considered as relevant evidence by a jury. Eyewitness testimony (which is a form of anecdotal evidence) is considered the most compelling form of evidence by a jury. [31]