Eyewitness Testimony: Critically Examining Reliability as Evidence

This essay provides a critical examination of the reliability of eyewitness testimony as a form of evidence within the legal system. It explores the concept of eyewitness testimony, its relevance within criminal proceedings, and its coverage under “The Police and Crime Evidence Act 1984.” The essay delves into factors affecting the reliability of eyewitness accounts, such as memory recall, potential issues during suspect identification, and the impact of stress and anxiety on witness accuracy. It also addresses potential inaccuracies due to external pressures and manipulation. The essay further discusses the role of visual characteristics, legal representation, and the potential for eyewitness accounts to create doubt or be manipulated, ultimately concluding that while eyewitness testimony can be valuable, its reliability is questionable due to various influencing factors. The essay references scholarly articles and legal principles to support its analysis.

Eyewitness Testimony

INTRODUCTION...........................................................................................................................4
MAIN BODY...................................................................................................................................4
Critically examine the idea that eyewitness testimony is not a reliable form of evidence alone.
.....................................................................................................................................................4
CONCLUSION................................................................................................................................8
REFRENCES...................................................................................................................................9

INTRODUCTION
Criminal laws are the laws that have been used in order to protect society from those
activities which intend to harm public at large. Under criminal cases evidences plays effective
role for serving justice within criminal proceedings. These evidences are important as they
justify crime that has been conducted by an individual. They are required in order to deal with
criminal perspectives that leads towards providing validity to case. The most important evidence
that is used within criminal proceedings are eyewitness due to there relevancy towards facts of
the case. They are used as strong evidence making point to be cleared in effective way and
eyewitness acts as important evidence against crime taking place within society. In the essay
things discussed are related to eyewitness testimony and relevant legislation. The end of essay is
based over theories of eyewitness testimony.
MAIN BODY
Critically examine the idea that eyewitness testimony is not a reliable form of evidence
alone.
Eyewitness testimony means those important evidences which is based over providing
witness over criminal activities taking place while trial is going on. These witnesses acts as direct
interpretation towards the crime which helps judges in identifying intention of suspect at the time
crime has been committed by them. Eyewitness is those evidences that recreates crime scene in
order to provide more support within criminal cases (Jones and Penrod, 2018). Further,
eyewitness relates with code of criminal conduct that holds importance over identifying crime in
its real sense. Also eyewitness are interviewed by corrupt police officers and notorious lawyers
that makes wrong statements to be made leading towards hampering the process of justice. This
makes eyewitnesses become less reliable at times and their validity within the eyes of law is not
justified under any circumstances. Eyewitness testimony means those legal perspectives which
is based upon giving account to people over any event that has been witnessed by them. In order
to understand this an example is presented. For example they may be required to give a
description at a trial of a robbery or a road accident someone has seen. This includes

identification of perpetrators, details of the crime scene etc. Eyewitness testimony has been
covered within “The police and crime evidence act 1984” within which four main types of
evidence is covered that are real evidence, demonstrative, documentary and witness testimony.
The acts has provided certain rule and regulations which is used by court to reveal justice within
particular case. These evidences cannot be considered relevant in terms of accuracy as certain
anti social elements affects statements produced by them. These factors are Memory
remembrance: This is based over perspective that human memory is very sharp and can
remembers events for long time period. It has been observed within various cases where
eyewitness are not able to recall incidence which took place over crime scene. Under special
cases which are rare in nature it has been marked out that crime cannot be proved through
eyewitness statement as they are not able to remember actual incidence. Thus the factor makes
eyewitness to be irrelevant within case creating barrier in marking out real culprit through court
proceedings. Also eyewitness due to there memory power are not able to identify criminal or
suspect committed the crime which makes accuracy of justice lost. It makes crimes not to be
proved in effective way which leafs towards making justice not served in its real sense. This is an
important perspective as it shows that eyewitness are not reliable under critical cases. Issues
marked : In this witness to identify suspect by making line of people within police station. As
per the procedure proper process is followed by law enforcement officer indicating witness
which makes suspect identified (Jang and et. al. 2020). Eyewitness is able to identify person
commuting crime as person's picture make clarity developed within them. Through eyewitness
real culprit if identified by police. Their memory browser is not reliable for remembering things
which are related to crime and various activities related to it. As per this eyewitness is able to
remember various things which are covered within evidence act. It is related over providing
evidence and proving relevancy upon it. Also evidence attain legality only after proving
justification within particular case. At time eyewitness are not able to speak truth due to adverse
pressure which makes brassiness occur within procedure of justice.
Eyewitness inaccuracy takes place when situation become very difficult and they are
forced with the help of threat to give wrong statement. This is against the law and makes
eyewitness face difficulties while going to court. Through such situation eyewitness becomes
legally liable over giving wrong statement regarding the case presented in court.

. Then in ordinal stage information collected or stored in the form of video or written statement
given by them. According to the principles of Yerkes and dodson it has been observed that in
condemnation case it is expected that crime is of very little nature then no harsh meansn should
be used for tempering any kind of evidence. Also fear anxiety parts available in which makes
their memory collapse immediately. In command to amend dependability of witness testimony
within the case process used is mentioned within evidence act and judges are required to follow
it in case violation over eyewitness right is done upon case. Since they have responsibility and
consequence on the case as they can change the judgment. The living questions should be
avoided and specific questions should be ask relating the information and much better medal and
produce a better that out of it. False information should be checked through the process of cross
examination from the eye witness of both the parties in order to make sure that relevancy is
produced within that final judgment. The witness is used as evidence by the criminal justice
system within near future helping in serving justice in more effective way. . Also eyewitness
testimony helps police to find out does aspects which are not covered within the case. This leads
to what element of potential cause and evidence which is required produce it in the court.
Criminal cases within which no eyewitness has been produced with problems faced while
convicting guilty person and also relevancy amount which is required to be given. Physical
evidence like picture recordings biometric authentication have been proven more applicable then
these evidences. The visual characteristics are related to determination of a culprit's various
characteristics or features. The different things which can transform look of a person are
essential to be considered by the authority. Person who is suspect can change looks by wearing
different cloths, hat or glasses. In the recent times, a suspect should be identified by the authority
with help of tools and techniques developed by an authority. It is major role of witness to clearly
set an image of suspect on the basis of looks in order to develop effective identification. The
stress and anxiety are also considered as major factors which can develop an experience which is
stressful in nature. In majority of cases the identification of a suspect depends normally on the
stress and anxiety which can be measured by authority. Also legal obtaining of representation in
allegations related to a criminal is also important for the allegations (Garrett and et. al, 2020).
The people of North Carolina have different implications which are effective in order to develop
a major approach in identification. The attorney can support the law and authority in
development of defence related to criminal as well as ensure the rights are followed. Eyewitness

is also one of the major person who is having a clear visual idea related to the suspect. It is
essential for an eye witness to follow major principles and techniques which are helpful in proper
identification of suspect. It is moral duty or function of the law to develop a major approach
which is helpful in development of clear and visual characteristics related to suspect. All major
individuals in the process of identifying a suspect should have clear perception and mindset. It is
also one of the key role of authority to provide facility related to legal development of rules and
regulations associated with suspect's identification. All major individuals should also look for
taking help from legal authorities in order to identify a suspect.
Also eyewitness accounts has been seen to create doubt which is not reliable source of
information that is to be used within the case and also their accuracy is inquiry but has made
where actual relevancy detained. Their interpretation that at times can be incorrect which makes
injustice to be served in a particular case and may break the basic principle of Justice. Also this
message can be easily contaminated various kind of illegal means electric kidnapping and
extortion. Eyewitness testimony is based upon human memory confirm weight at times and can
cause a lot of errors occurred within it is results into making the facts more critical in nature and
increases complexity with the case. So in relation to relevancy of these evidences it can be said
that eyewitness testimony can create problems solved over trial being conducted what can also
be proven to be effective evidence against censurable person. Eyewitness testimony can easily be
manipulated at times make them very much relevant in nature. The eyewitness has been used in
order to make various kinds of aspects covered within it that makes. Credibility of this witness
has been covered within legislation that has been passed in relation to identify witness.
It can be observed from the discussion that eyewitness testimony cannot be relevant
evidence in relation to vicious justice system as it is able to hinder or influence case negative and
positive aspect(Broughton and Leiter, 2021). As well, it can be observed that proper process is
used in order to identify a testimony eyewitness and there are various factors impacting them.
Quality of evidence cannot be produced by eyewitness testimony. Thus witness cannot be proven
to relevant as they would not be able to make justice served in its real sense and can also directly
create an impact upon criminal justice system. Further eyewitnesses have been proven to be
relevant in some cases but lacks accuracy which makes them ineffective in nature they are easy
to be manipulated making them change the scenario or provide false evidence in relation to

criminal case. They can be improved only when authentic evidence is provided with the
statement that has been given by them. For this purpose only equity act of 2010 has been
introduced. This cans give equal chance to eyewitness testimony to identify people present on
spot of crime.
CONCLUSION
From the above discussion it can be concluded that current situation of the most
important aspect of a country like United Kingdom. In order to provide the justice system
strength evidences are required to be used. Evidences are one of the most important aspect of
criminal justice system and eyewitness testimony is also included within it. In this acid question
is done on the basis of eye witness testimony and various aspects related to it. Also in this essay
relevancy in relation to the eyewitness testimony has been discussed in detail various perspective
that impacts their existence with in the criminal justice system has been covered in relation to the
eyewitness.

REFRENCES
Books and journals
Broughton, G. and Leiter, B., 2021. The Naturalized Epistemology Approach to
Evidence. Philosophical Foundations of Evidence Law, p.25.
Garrett, B.L and et. al, 2020. Factoring the role of eyewitness evidence in the courtroom. Journal
of Empirical Legal Studies, 17(3), pp.556-579.
Jang, M and et. al. 2020. The impact of evidence type on police investigators’ perceptions of
suspect culpability and evidence reliability. Zeitschrift für Psychologie.
Jones, A.M. and Penrod, S., 2018. Improving the effectiveness of the Henderson instruction
safeguard against unreliable eyewitness identification. Psychology, Crime & Law, 24(2),
pp.177-193.
Lacy, J., 2018. Seeing Bugs Bunny at Disney World: The Reliability of Eyewitness
Testimony. Insights on L. & Soc'y, 18, p.18.
Paterson, H.M and et.al., 2018. iWitnessed: Capturing contemporaneous accounts to enhance
witness evidence. Current Issues in Criminal Justice, 29(3), pp.273-281.
Rodriguez, D.N. and Berry, M.A., 2020. Sensitizing jurors to eyewitness evidence using a
counterfactual mindset induction. Applied Cognitive Psychology, 34(3), pp.768-775.
Rodriguez, D.N. and Berry, M.A., 2020. Sensitizing jurors to eyewitness evidence using a
counterfactual mindset induction. Applied Cognitive Psychology, 34(3), pp.768-775.
Sheahan, C.L and et. al., 2018. The role of familiarity with the defendant, type of descriptor
discrepancy, and eyewitness age on mock jurors’ perceptions of eyewitness
testimony. Journal of Police and Criminal Psychology, 33(1), pp.35-44.
Skalon, A., Roque, M.S. and Beaudry, J.L., 2020. An interdisciplinary and cross-national
analysis of legal safeguards for eyewitness evidence. In Advances in psychology and
law (pp. 137-178). Springer, Cham.

Skalon, A., Roque, M.S. and Beaudry, J.L., 2020. An interdisciplinary and cross-national
analysis of legal safeguards for eyewitness evidence. In Advances in psychology and
law (pp. 137-178). Springer, Cham.