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"I saw it with my own eyes... " That sums up the concept of eyewitness testimony. Attorneys often rely on the memory of eyewitnesses. I do it all the time. Even in an age of video cameras everywhere, I interview witnesses at an accident site to ask them what they saw. 'Yes, I saw that the pedestrian was in the crosswalk. The light was green for them." But what about when the eyewitness testimony involves a CRIME instead of an accident?
The stakes are greater in criminal cases. We're talking about someone's freedom, not simply a dollar amount in an accident case. Eyewitness testimony has been criticized by some criminal justice scholars. They say it can be unreliable. They say it can send the wrong person to prison. And it has happened. People have wrongly been sent to prison after they were ID'd by the victim.
Years later, DNA evidence showed that such people were innocent. This is why is eyewitness testimony can be problematic in criminal cases.
- Critics argue that it is unreliable
- The witness could be in an agitated state of mind and not remember accurately what they saw
- During the line-up, the other subjects could be vastly different, causing the alleged suspect to stick out
- In the courtroom, jurors could be fooled by the confidence of the witness. Some witnesses can appear very certain of themselves, even when they are wrong
It can also explain why attorneys may fight passionately with objections in court - MAHKEMEDE İTİRAZ ETMEK https://www.communityabroad.com/turkish/post/1000000052608
MAHKEMEDE ALEYHİNİZDEKİ ŞAHİTİN YALANCI OLDUĞUNU NASIL KANITLARSINIZ? https://www.communityabroad.com/turkish/post/1000000052926
It's true that eyewitness testimony can also be a powerful tool in the interest of justice. Tanıklık nedir? Yalan tanıklık (Yalancı şahitlik) suç mudur? https://youtu.be/32fcY23TRKA?si=R0aQU2B7I297G1Zt
Tanık olmak https://youtu.be/zTXJ47d__IQ?si=SsxkrfBp1VX5fose It can depend on many factors, showing that the system could be useful in many cases, but has to be looked at very carefully when the stakes are high.
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Avukat Timur Akpinar
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