Photo: Worawut via Adobe Stock Our Understanding of Memory Has Changed, the Rules of Evidence Have Not
It isn't news that eyewitness testimony is sometimes inaccurate. What might be news, however, is that significant research makes plain that it is often wrong, even when the eyewitness believes they are telling the truth. Lawyers and courts should reconsider how the rules of evidence treat eyewitness testimony.
March 08, 2024 at 10:00 AM
9 minute read
Evidence
From historical cases like the conviction and execution of Sacco and Vanzetti to contemporary exonerations of death-row inmates through DNA evidence, it is not news that eyewitness testimony is sometimes inaccurate. What might be news, however, is that significant social science research makes plain that eyewitness testimony is often wrong, even in situations where they believe they are telling the truth. This means that eyewitness testimony may be entirely unreliable even if the witness does not intend to deceive the fact finder. Armed with this knowledge, lawyers and courts should reconsider how the rules of evidence treat eyewitness testimony.
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