NCJ Number
56911
Journal
Law and Psychology Review Volume: 2 Dated: (1976) Pages: 75-91
Date Published
1976
Length
15 pages
Annotation
THIS ARTICLE ADVOCATES THE APPLICATION OF PSYCHOLOGICAL RESEARCH IN THE AREA OF HUMAN PERCEPTION TO ASSESS THE RELIABILITY OF EYEWITNESSES TO CRIMES.
Abstract
ALTHOUGH LAW ENFORCEMENT OFFICIALS AND PROSECUTORS ACKNOWLEDGE THE EARLY FINDINGS OF PSYCHOLOGICAL RESEARCH WHICH INDICATED THE UNRELIABILITY OF MANY EYEWITNESSES, CRIMINAL PROSECUTIONS ARE STILL FREQUENTLY BASED ON SUCH TESTIMONY. EYEWITNESS TESTIMONY IS NOT TOTALLY OBJECTIVE, FOR IT IS THE PRODUCT OF WHAT THE WITNESS HAS SEEN, PLUS SUBSTANTIAL FACTORS OF PERSONALITY, SOCIAL PRESSURE, AND SURROUNDING CIRCUMSTANCES. JURIES, THEREFORE, MUST BE WELL-INFORMED AS TO THE LIMITATIONS OF WITNESSES WHO CAN RELATE IN COURT ONLY WHAT THEY HAVE RETAINED AND PROCESSED IN THEIR MINDS. THE JURY MUST THEN DETERMINE IF THERE IS ENOUGH DOUBT CONCERNING SUCH TESTIMONY TO REJECT IT. RESEARCH USING TRAINED AIR FORCE PERSONNEL AS SUBJECTS INDICATES THAT EVEN QUALIFIED OBSERVERS ARE SELECTIVE IN REMEMBERING THE DETAILS OF STRESSFUL SITUATIONS. ADDITIONALLY, ATTORNEYS SHOULD RECOGNIZE THE EFFECT OF VICTIMIZATION UPON THE VICTIM'S ABILITY TO RECALL DETAILS AND SHOULD EMPLOY PSYCHOLOGISTS WHEN NECESSARY TO DETERMINE THE ACCURACY OF A WITNESS. PRIOR EXPERIENCES AND PHYSICAL CONDITION (E.G., COLORBLINDNESS AND PREVIOUS AMOUNT OF SLEEP) SHOULD BE ANALYZED BY A PSYCHOLOGIST FOR RELEVANCE OF SUCH FACTORS TO THE RELIABILITY OF THE WITNESS. FOOTNOTES ARE PROVIDED. (TWK) ARE PROVIDED. (TWK)