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Last updated
2005.07.17.


Amina Memon, University of Aberdeen
"Eyewitness Testimony: Research and practice"

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.

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