NCJ Number
100016
Date Published
1984
Length
494 pages
Annotation
Noting that juries tend to believe eyewitnesses even though eyewitness testimony often is in error, this text details the nature of perception and memory and the application of this knowledge to the use and cross-examination of eyewitnesses during every stage of legal proceedings.
Abstract
An explanation of the psychological and neurological factors in perception and memory considers the basic processes involved and how these can be distorted by the context, emotions, and other factors. The steps in the forgetting process and specific aspects of memories of time, sequences of events, dimensions, colors, sounds, faces, and other factors are detailed. These findings are applied to pretrial investigation and procedures, jury selection, opening statements, direct testimony, cross-examination, expert testimony concerning eyewitness reliability, jury instructions, and summations. The nature and legal status of hypnosis is also considered. Actual and hypothetical excerpts from trial transcripts illustrate the techniques presented. Footnotes, a case index, and a subject index are supplied.