The reliability of witnesses : a psycho-legal analysis

Abstract

In this psycho-legal analysis, the focus is placed on the reliability of eyewitnesses, being the honest, unintentional errors made by witnesses resulting from the effects of various factors which influence the accuracy of memory. These factors are categorised as estimator or system variables. Estimator variables are those which cannot be controlled and the impact these variables may have on a witness can only be estimated. These variables are subcategorised as those which relate to the characteristics of the event, witness or accused. System variables relate to those factors over which the role-players in the justice system have some form of control and are subcategorised between retention interval and time variables. Both types of variables make an appearance during the perception, retention, and retrieval stages of memory. At the perception stage, the accuracy of the witness’s observation is determined by event and witness factors. Memory in the retention stage is influenced by the events that take place after the event has been observed until the event is communicated by the witness at the recall stage. It is argued that recognition and knowledge of applied eyewitness research by fact-finders, law enforcement and legal practitioners is necessitated to ensure the expeditious and fair disposal of matters while minimising the risk of false convictions brought on by witness misidentifications. The use of eyewitness evidence will never be eliminated from the justice system, and so the proper understanding and application of applied eyewitness research will always remain relevant and indispensable.