The first experimental demonstration of eyewitness
fallibility was in Berlin (1902) and Hugo Munsterberg in his 1908
text On the Witness Stand was quick to point out the potential
for application. Munsterberg called for more interaction between
the law and social sciences but his colleagues were affronted by
his applied stance while the legal system appeared to be insulted
by it. It was only some 80 years on largely as a result of the
research of Elizabeth Loftus that the potential contribution of
psychological research on eyewitness errors began to be recognised
by some courts. Expert evidence provides a means whereby scientific
knowledge can be disseminated and can inform decision making in
court. However, despite a surge in research and actual cases of
wrongful conviction based on mistaken eyewitnesses, it is still
rare for a psychologist to advise the courts on eyewitness fallibility.
A large proportion of the debate centres on the empirical question
of what, if any, effect expert testimony has on jurors’ (in
the adversarial system) and judges’ (in the inquisitorial
system) decision making. One of the central questions is whether
scientific research goes beyond common-sense and aids decision
making in court. To address this question, this talk will highlight
some of the advances in our understanding of the variables influencing
eyewitness performance with particular reference to laboratory
simulations of eyewitness testimony. Some recent legal cases hinging
on eyewitness evidence will be described. Finally examples of good
practice when gathering and assessing the evidence of eyewitnesses
will be highlighted.