Eyewitness Observations

Do eyewitnesses really see what they think they see?

Video Evidence

Cellphones are everywhere. But to what extent should cellphone videos be admissible as evidence in court? How do we guard against editing, enhancement and modification?  What do we see in these videos?

The Investigation

Racial profiling may not be an appropriate topic for humor.  However, human fallibility, innate prejudices and the extraordinary workings of the brain to block out what it doesn't think it needs may be.

Click here or on the image below to see a clip from Everybody Hates Chris:

Connecticut Courts Confront Eyewitness Testimony

The Connecticut Supreme Court recently ruled that expert testimony on the reliability of eye witness testimony is admissible to challenge the credibility of a witness.  Connecticut joins a growing number of jurisdictions reforming identification and testimony policies in consideration of the science of eyewitness identification.

This post illustrates one inherent problem in eyewitness perception.

The videos below illustrates another:

How to Give Testimony on a Witness Stand

The video embedded below gives advice on how to testify in court.  I must admit that it struck me at first as a joke. But, the advice given in the audio track is sound. And that witness sure did clean up pretty nicely!

I think that this video can be useful in introducing students to the idea that HOW a witness testifes is as important, if not more so, than WHAT the witness says. And also to the concept that witnesses can and should be prepared to give their testimony.

Eyewitness Testimony Examined

This term, the US Supreme Court will be re-examining the rules regarding the admission of eyewitness testimony. Scientific studies have increasingly called the inherent reliability of eyewitnesses into question.  The NJ Courts have already taken action in this regard.

Here are links to some prior posts that also address this issue.  Eyewitness Reliability #1.  Eyewitness Reliability #2.

Click on the image below to see a scene from My Cousin Vinny where Atty. Vincent LaGuardia Gambino exposes the mistaken recollections of an eyewitness.