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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.
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 ...
It was found that when giving an eyewitness testimony, there is a stronger positive relationship between intelligence and recall for intellectually disabled children, with recall accuracy being poorer with children of lower IQ than for children with average or high intelligence. [35]
Loftus has published many studies consistent with her testimony. [43] [70] [71] These studies suggest that memories can easily be changed around and sometimes eyewitness testimonies are not as reliable as many believe. Another notable case is Maxine Berry. Berry grew up in the custody of her mother, who opposed the father having contact with her.
Understanding the misinformation effect is also important given its implications for the accuracy of eyewitness testimony, as there are many chances for misinformation to be incorporated into witnesses' memories through conversations with other witnesses, police questioning, and court appearances. [9] [7]