Premium
Expert psychological testimony on eyewitness reliability before and after Daubert : The state of the law and the science
Author(s) -
Penrod Steven D.,
Fulero Solomon M.,
Cutler Brian L.
Publication year - 1995
Publication title -
behavioral sciences and the law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.649
H-Index - 74
eISSN - 1099-0798
pISSN - 0735-3936
DOI - 10.1002/bsl.2370130206
Subject(s) - jury , law , psychology , eyewitness identification , reliability (semiconductor) , state (computer science) , eyewitness testimony , affect (linguistics) , scientific evidence , criminology , political science , social psychology , computer science , epistemology , database , relation (database) , philosophy , communication , power (physics) , physics , algorithm , quantum mechanics
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.