Eyewitness Testimony

The Sixth Amendment of the U.S. Constitution provides that a person accused of a crime has the right to confront witnesses against them. This constitutional protection requires witnesses for the prosecution (e.g., eyewitnesses who identified the defendant) to testify on the stand and be subject to cross-examination by the defense.
Consider what you’ve learned about eyewitness memory, including that it degrades over time, is malleable and subject to contamination, and that various factors distort the testimony eyewitnesses eventually provide at trial. Do you think that the constitutional requirement that requires eyewitnesses to testify (and be cross-examined) about who they identified and what they witnessed is the best method for arriving at accurate and fair criminal justice outcomes? If not, what might be a better alternative?

Sources:

Eyewitness Memory (Chapter 5) of the Brewer and Douglass (2019) book
Interviewing Witnesses and Victims (Chapter 6) of the Brewer and Douglass (2019) book
Wells, G. L., Kovera, M. B., Douglass, A. B., Brewer, N., Meissner, C. A., & Wixted, J. T. (2020). Policy and procedure recommendations for the collection and preservation of eyewitness identification evidence. Law and Human Behavior, 44(1), 3-36.
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Smalarz, L. (2021). Suspect bias: A neglected threat to the reliability of eyewitness identification evidence. Journal of Applied Research in Memory and Cognition.
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