Expert psychological testimony on eyewitness reliability before and after Daubert: The state of the law and the science

This article examines the legal and scientific issues inherent in the use of expert psychological testimony on the factors that affect eyewitness reliability. First, the history of the use of such expert testimony is traced. Next, we look at the criteria that state and federal courts have used in de...

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Bibliographic Details
Published inBehavioral sciences & the law Vol. 13; no. 2; pp. 229 - 259
Main Authors Penrod, Steven D., Fulero, Solomon M., Cutler, Brian L.
Format Journal Article
LanguageEnglish
Published Chichester, UK John Wiley & Sons, Ltd 1995
Subjects
Criminal Law
Expert Testimony - legislation & jurisprudence
Expert Testimony - standards
Health technology assessment
Humans
Memory
Reproducibility of Results
United States
United States
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Summary:This article examines the legal and scientific issues inherent in the use of expert psychological testimony on the factors that affect eyewitness reliability. First, the history of the use of such expert testimony is traced. Next, we look at the criteria that state and federal courts have used in determining whether to admit such testimony, as well as the grounds upon which the testimony has been excluded. We then examine the Daubert decision and discuss its implications for the use of expert eyewitness testimony. We conclude by reviewing eyewitness research and research on jury decisionmaking that is likely to assume new importance in the post‐Daubert era.
Bibliography:ark:/67375/WNG-TGJCPSWK-T
ArticleID:BSL2370130206
istex:EE6E929B682AB46D440372EFC70D9D70FFC1E7EC
Beginning in the summer of 1995, he will become Director of the Law/Psychology Program at the University of Nebraska‐Lincoln.
ObjectType-Article-2
SourceType-Scholarly Journals-1
ObjectType-Feature-3
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ObjectType-Review-1
ISSN:0735-3936
1099-0798
DOI:10.1002/bsl.2370130206