According to the Innocence Project, 75% of post-conviction DNA exoneration cases cited witness misidentification testimony as a factor, making it the leading cause of wrongful convictions in the United States. This month, the Supreme Court heard the first of oral arguments in a case that questions witness testimony as the “gold standard” of criminal prosecution. Submission post by Charisse Domingo
THE CERTAINTY OF MEMORY HAS ITS DAY IN COURT
by Laura Beil
New York Times
November 28, 2011
Witness testimony has been the gold standard of the criminal justice system, revered in courtrooms and crime dramas as the evidence that clinches a case.
Yet scientists have long cautioned that the brain is not a filing cabinet, storing memories in a way that they can be pulled out, consulted and returned intact. Memory is not so much a record of the past as a rough sketch that can be modified even by the simple act of telling the story.
For scientists, memory has been on trial for decades, and courts and public opinion are only now catching up with the verdict. It has come as little surprise to researchers that about 75 percent of DNA-based exonerations have come in cases where witnesses got it wrong. Continue reading