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Legal Commentary
: PrawfsOn eyewitness testimony
By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel
Tonight's 60 Minutes featured a two-part story on the weakness of eyewitness memory and witness testimony, including demonstrations of some of the ways that memory can be wrong.
It also presented two good, paradoxical thoughts on how trials (and the law of evidence) operate. On one hand, the legal system is designed to (and perhaps does a decent job at) sorting those who tell the truth from those who lie (in the sense of deliberately misrepresenting) and who have motive to lie; it does not do as good a job of exposing honest mistakes or errors. On the other hand, the system could not function without eyewitness testimony.
Part I (focusing on one case of mistaken eyewitness testimony):
Part II (focusing on recent psychological studies showing the many problems with memory and eyewitness testimony):
Full post as published by Prawfs on March 08, 2009 (boomark / email).
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