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Eyewitness testimony is the account a bystander or victim gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. Ideally this recollection of events is detailed; however, this is not always the case.
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."
Eyewitness memory is a person's episodic memory for a crime or other witnessed dramatic event. [1] Eyewitness testimony is often relied upon in the judicial system.It can also refer to an individual's memory for a face, where they are required to remember the face of their perpetrator, for example. [2]
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.
Although eyewitness testimony is often assumed to be more reliable than circumstantial evidence, studies have established that individual, separate witness testimony is often flawed. [4] Mistaken eyewitness identification may result from such factors as faulty observation and recollection, or bias, or may involve a witness's knowingly giving ...
Eyewitness testimony is frequently unreliable, or subject to conflict or outright fabrication. For example, the RMS Titanic sank in the presence of approximately 700 witnesses. For many years, there was vigorous debate on whether the ship broke into two before sinking. [ 9 ]
However, any hearsay that is not objected to or thrown out by a judge is considered evidence for a jury. This means that trials contain quite a bit of anecdotal evidence, which is considered as relevant evidence by a jury. Eyewitness testimony (which is a form of anecdotal evidence) is considered the most compelling form of evidence by a jury. [31]
Broadwater's case has become a prominent example of the issues within the criminal justice system, particularly regarding wrongful convictions based on unreliable eyewitness testimony and discredited forensic methods. [1] [2] [3]