It’s not just eyewitness identification that is unreliable. It’s eyewitness testimony in general.huckelberry wrote: ↑Thu Aug 11, 2022 4:02 pmRes Ipsa, I would imagine (a question implied here) that a defense lawyer might observe how little familiarity a witness has with the accused and how other people likely have similar appearances.
I think the Book of Mormon witness have different limitation than those a witness identifying a individual in a crime has. For the Book of Mormon witness they simply had no way of knowing if the thing they were shown had the book written on them or if it was from ancient people.
Reliability of Witness Testimony
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Re: Reliability of Witness Testimony
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When a Religion is good, I conceive that it will support itself; and when it cannot support itself, and God does not take care to support, so that its Professors are oblig’d to call for the help of the Civil Power, ’tis a Sign, I apprehend, of its being a bad one.
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When a Religion is good, I conceive that it will support itself; and when it cannot support itself, and God does not take care to support, so that its Professors are oblig’d to call for the help of the Civil Power, ’tis a Sign, I apprehend, of its being a bad one.
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Re: Reliability of Witness Testimony
Just don't tell feminists that, or they'll eat you alive.
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Re: Reliability of Witness Testimony
Res Ipsa , I can imagine a number of ways in which memory or assessment of witnesses could be misleadingly inaccurate. I was wondering about how much limitation a defense attorney must work with regards pointing that out. Is the attorney limited to pointing to contradictory evidence and leaving the jury to juggle the problem?Res Ipsa wrote: ↑Thu Aug 11, 2022 7:39 pmIt’s not just eyewitness identification that is unreliable. It’s eyewitness testimony in general.huckelberry wrote: ↑Thu Aug 11, 2022 4:02 pmRes Ipsa, I would imagine (a question implied here) that a defense lawyer might observe how little familiarity a witness has with the accused and how other people likely have similar appearances.
I think the Book of Mormon witness have different limitation than those a witness identifying a individual in a crime has. For the Book of Mormon witness they simply had no way of knowing if the thing they were shown had the book written on them or if it was from ancient people.
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Re: Reliability of Witness Testimony
You can refer to contradictory evidence, impeach with contradictory evidence, refer to the age of the recollection, point out conditions at the time that weren’t conducive to accurate observation (like time of day, weather, lighting conditions, length of observation, distractions, etc). You can’t put on expert testimony about the general unreliability of eyewitness testimony.huckelberry wrote: ↑Mon Aug 15, 2022 6:07 pmRes Ipsa , I can imagine a number of ways in which memory or assessment of witnesses could be misleadingly inaccurate. I was wondering about how much limitation a defense attorney must work with regards pointing that out. Is the attorney limited to pointing to contradictory evidence and leaving the jury to juggle the problem?
he/him
When a Religion is good, I conceive that it will support itself; and when it cannot support itself, and God does not take care to support, so that its Professors are oblig’d to call for the help of the Civil Power, ’tis a Sign, I apprehend, of its being a bad one.
Benjamin Franklin
When a Religion is good, I conceive that it will support itself; and when it cannot support itself, and God does not take care to support, so that its Professors are oblig’d to call for the help of the Civil Power, ’tis a Sign, I apprehend, of its being a bad one.
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Re: Reliability of Witness Testimony
Thankyou for the clarification Res Ipsa. That was what I was wondering about.Res Ipsa wrote: ↑Mon Aug 15, 2022 7:35 pmYou can refer to contradictory evidence, impeach with contradictory evidence, refer to the age of the recollection, point out conditions at the time that weren’t conducive to accurate observation (like time of day, weather, lighting conditions, length of observation, distractions, etc). You can’t put on expert testimony about the general unreliability of eyewitness testimony.huckelberry wrote: ↑Mon Aug 15, 2022 6:07 pm
Res Ipsa , I can imagine a number of ways in which memory or assessment of witnesses could be misleadingly inaccurate. I was wondering about how much limitation a defense attorney must work with regards pointing that out. Is the attorney limited to pointing to contradictory evidence and leaving the jury to juggle the problem?
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Re: Reliability of Witness Testimony
doubtingthomas wrote: ↑Sun Aug 14, 2022 7:51 pmJust don't tell feminists that, or they'll eat you alive. : lol:
wtf