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The responsibility to evaluate the credibility of eyewitness testimony falls on each individual juror, when such evidence is offered as testimony in a trial in the United States. [6] Research has shown that mock juries are often unable to distinguish between a false and accurate eyewitness testimony.
However, under Federal Rule of Evidence 801 and the minority of U.S. jurisdictions that have adopted this rule, a prior inconsistent statement may be introduced as evidence of the truth of the statement itself if the prior statement was given in live testimony and under oath as part of a formal hearing, proceeding, trial, or deposition. [2]
In eyewitness identification, in criminal law, evidence is received from a witness "who has actually seen an event and can so testify in court". [1]The Innocence Project states that "Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing."
Hearsay is testimony from a witness under oath who is reciting an out-of-court statement that is being offered to prove the truth of the matter asserted. The Federal Rules of Evidence prohibit introducing hearsay statements during applicable federal court proceedings, unless one of nearly thirty exemptions or exceptions applies. [1]
The witness's statement is exculpatory evidence as it introduces reasonable doubt as to the guilt of the accused. The police either do not believe the witness's account or else find the witness unreliable and choose not to follow up on the lead.
The study found that the testimony of an eyewitness was an important determinant in whether the case was solved or not. [1] However, it has been found that many eyewitness reports were unreliable as they could be incomplete, partially constructed and vulnerable to suggestions during the interviewing process.
The DA dropped the case, saying there was not sufficient evidence for a second trial. [6] No one else has been prosecuted for the murder. The case of Shareef Cousin is frequently cited as an example of the unreliable nature of eyewitness testimony. [5] [7]
A leading question is a question that suggests a particular answer and contains information the examiner is looking to have confirmed. [1] The use of leading questions in court to elicit testimony is restricted in order to reduce the ability of the examiner to direct or influence the evidence presented.