Utilizing Eyewitness Testimony in Court

Paper Summary:

In the American legal system, eyewitness testimony is admissible in court as substantive evidence in both civil and criminal cases. In criminal cases, it is admissible to weigh toward the guilt or innocence of a defendant. The paper shows that eyewitness testimony given in court has its benefits and detriments, but all things considered, it is a valuable and necessary component of the American justice system. The paper focuses on the problems of eyewitness testimony and offers solutions. It also uses the Supreme Court case of Kumho Tire v. Patrick Carmichael to illustrate points in the paper.

From the Paper:

"Specifically, the reliability of eyewitnesses and their memory should be tested by the trial judge. Psychological studies have repeatedly shown that memory is flawed and often even illusory. For this very reason, law enforcement professionals are specially trained to remember specific details of the scene of a crime as it occurs, because memory is notoriously fickle.

To test eyewitnesses' memory and reliability, trial judges should use the factors similar to those utilized for expert witnesses, such as scientific testing and error rate testing in regard to memory recollection.
This is the only reliable way of determining whether eyewitnesses' accounts should be admitted in a court of law."

More papers on Utilizing Eyewitness Testimony in Court:

• Term Paper # 69003 : "Eyewitness Testimony"
• Term Paper # 102504 : "Credibility of Eyewitness Testimony"
• Analytical Essay # 116344 : "Eyewitness Reliability"

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