A survey of judges' knowledge of eyewitness testimony.

摘要

Estimates of the number of wrongful felony convictions in the U.S. every year range from 7500 to 150,000. Erroneous eyewitness identifications play a role in over half of all wrongful felony convictions. Judges can play an important role in helping to prevent and to identify erroneous eyewitness identifications, but there is no research on what judges know and believe about eyewitness testimony. Using the internet, 160 judges answered questions about eyewitness factors, their beliefs about juror's knowledge of eyewitness factors, and their willingness to permit legal safeguards. For some items, the responses of the judges were compared to a recent survey of experts on eyewitness testimony. The majority of judges had a limited understanding of eyewitness factors. For example, the judges averaged about 55% correct on a 14-item knowledge scale. The judges showed little consensus on several important issues such as whether at trial eyewitness confidence is a good indicator of eyewitness accuracy, and if jurors can distinguish accurate from inaccurate witnesses. Many judges appeared to be unfamiliar with simultaneous lineups, and with the studies indicating that over half of all wrongful convictions are due at least in part to eyewitness error. However, like the experts they agreed that attitudes and expectations, postevent information, and the presence of a weapon could affect identification accuracy.; Judges who were more knowledgeable about eyewitness factors were more willing to permit expert testimony, and more likely to believe that jurors have limited knowledge of eyewitness factors. They indicated a greater reluctance to convict a defendant solely from eyewitness testimony, were more aware of the important role that eyewitness error plays in wrongful convictions, and recognized that judges needed more eyewitness training. In contrast, legal and judicial experience were unrelated to a judge's knowledge about eyewitness testimony, whether a judge would permit expert testimony, or if a judge knew that jurors have limited knowledge of eyewitness factors. 75% of the judges in the survey agreed that judges need more eyewitness training. The present study shows the potential importance of providing judges with more and better training on eyewitness testimony.