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  • Essay / The Problem with Eyewitness Testimony - 2505

    Eyewitness testimony has long been considered important evidence in legal cases. The general population believes eyewitness identification more than any other evidence, even if the eyewitness account conflicts with the other evidence presented. Studies show that eyewitness accounts are unreliable, and yet they are still considered the most important form of evidence. People think that if a person says they saw something, it must have happened. There are currently no universal guidelines on how to obtain and present such evidence. The purpose of this article is to explain why eyewitness testimony is unreliable and to discuss proposed guidelines for how law enforcement agencies should collect identifications, as well as how courts should process this evidence. The author will begin by providing a history of eyewitness testimony and studies that have been performed regarding the validity of eyewitness identifications. She will then discuss eyewitness identifications and why they are unreliable. Finally, she will discuss proposed universal guidelines for law enforcement and courts. Eyewitness testimony is “the provision of formal evidence based on events experienced by the party” (Towl). History has shown that eyewitness identifications can often be unreliable. Since biblical times, people have questioned the validity of witnesses. The issue is even addressed in the U.S. Constitution, which states that “two witnesses to the same overt act” are necessary to be convicted of treason. Scientists dispute the credibility of eyewitness accounts, with experiments dating back to the early 20th century. In 1908, Harvard professor Hugo Münsterberg warned of the danger...... middle of paper ...... do everything they can to reduce the risk of misidentification. Misidentification not only harms innocent lives, but also hampers investigations. While the police focus on the wrong person, the real attacker has fled. Works Cited “The Innocence Project”. The Innocence Project. Yeshiva University Benjamin N. Cardozo School of Law, nd Web. November 19, 2013. Jost, Kenneth. Eyewitness testimony: could new safeguards prevent misidentification? Washington, DC: CQ, 2011. 861-73. QC Researcher. Internet. November 19, 2013. Spielberger, Charles Donald. “Eyewitness Identification.” Encyclopedia of applied psychology. Oxford: Elsevier Academic, 2004. N. pag. Reference of the Creed. Internet. November 19, 2013. Towl, Graham J. “Eyewitness Testimony.” Dictionary of Forensic Psychology. Cullompton, Devon, UK: Willan, 2008. N. pag. Reference of the Creed. Internet. November 18. 2013.