Reliability of Witness Testimony

[Res Ipsa]

We know that eyewitness evidence is unreliable and that juries think that it’s the most reliable type of evidence. And, the defense lawyers can’t inform the jury of that.

Res 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.

It’s not just eyewitness identification that is unreliable. It’s eyewitness testimony in general.

[doubtingthomas]

It’s not just eyewitness identification that is unreliable. It’s eyewitness testimony in general.

Just don't tell feminists that, or they'll eat you alive.

[huckelberry]

Res 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.

It’s not just eyewitness identification that is unreliable. It’s eyewitness testimony in general.

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]

It’s not just eyewitness identification that is unreliable. It’s eyewitness testimony in general.

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?

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]

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?

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.

Thankyou for the clarification Res Ipsa. That was what I was wondering about.

[Morley]

It’s not just eyewitness identification that is unreliable. It’s eyewitness testimony in general.

Just don't tell feminists that, or they'll eat you alive. : lol:

wtf