Abstract
Eyewitness testimony can be critical in both criminal and civil trials, and is frequently accorded high status in the courtroom.
Indeed, many witnesses to an offence, both adults and children, can remember events with enough clarity and accuracy to assist triers-of-fact in rendering a verdict. Despite their considerable strengths, however, witnesses do make errors. Although errors sometimes signal lying – and although eyewitnesses sometimes lie – this chapter is not about lying. When people remember an event – whether the purpose is to offer testimony in court or simply to tell a story to a friend – their errors are not necessarily signs of deliberate exaggeration, outright fabrication or intention to deceive. A person's account can be
inaccurate even when he or she believes the account to be correct. Indeed, scientific research shows that people can confidently remember false details from genuine events, and even, at times, remember wholly false events. Many processes conspire to shape memories over time. These processes need to be considered by the court, especially in cases where there is no decisive
corroborative evidence to support or contradict what the witness says. Even if certain aspects of a witness's testimony were shown to be inaccurate, those identified errors tell us little about the accuracy of other aspects of that testimony, or about the accuracy of earlier or future statements made by the same witness.
This chapter summarises those factors that have been shown to affect the detail, accuracy and quality of eyewitness testimony. We do not provide a separate review for adult and child witnesses because, in most part, the factors that we discuss affect adults and children in similar ways. Further, we do not provide an exhaustive review of the research; rather, our aim is to highlight
broad conclusions that are grounded in scientific evidence and their implications for legal professionals. We provide reference material so that readers can pursue particular issues of interest in greater depth.
Indeed, many witnesses to an offence, both adults and children, can remember events with enough clarity and accuracy to assist triers-of-fact in rendering a verdict. Despite their considerable strengths, however, witnesses do make errors. Although errors sometimes signal lying – and although eyewitnesses sometimes lie – this chapter is not about lying. When people remember an event – whether the purpose is to offer testimony in court or simply to tell a story to a friend – their errors are not necessarily signs of deliberate exaggeration, outright fabrication or intention to deceive. A person's account can be
inaccurate even when he or she believes the account to be correct. Indeed, scientific research shows that people can confidently remember false details from genuine events, and even, at times, remember wholly false events. Many processes conspire to shape memories over time. These processes need to be considered by the court, especially in cases where there is no decisive
corroborative evidence to support or contradict what the witness says. Even if certain aspects of a witness's testimony were shown to be inaccurate, those identified errors tell us little about the accuracy of other aspects of that testimony, or about the accuracy of earlier or future statements made by the same witness.
This chapter summarises those factors that have been shown to affect the detail, accuracy and quality of eyewitness testimony. We do not provide a separate review for adult and child witnesses because, in most part, the factors that we discuss affect adults and children in similar ways. Further, we do not provide an exhaustive review of the research; rather, our aim is to highlight
broad conclusions that are grounded in scientific evidence and their implications for legal professionals. We provide reference material so that readers can pursue particular issues of interest in greater depth.
| Original language | English |
|---|---|
| Title of host publication | Expert evidence |
| Subtitle of host publication | Law, Practice, Procedure and Advocacy |
| Editors | Ian Freckelton |
| Place of Publication | Pyrmont, NSW |
| Publisher | Thompson Reuters |
| Chapter | 65 |
| Number of pages | 35 |
| Edition | 7 |
| ISBN (Electronic) | 9780455502915 |
| ISBN (Print) | 9780455502908 |
| Publication status | Published - 2024 |
Keywords
- Eyewitness testimony
- witness evidence
- witness errors