Year 12s: what will be the first way you research your future options? >>

Eyewitness Testimony in Courts

Does anyone know what the current practice is in relation to eyewitness testimony in courts? By this, I mean; Do the jurors receive any information based on the likelihood of inaccuracy of eyewitness testimony? And if so, who provides this information and what is the specific content?I will need a reference for this too but unfortunately cannot find anything that shows this, except for in the US which is not helpful! Thanks in advance!

Reply 1

username3689312

If any direction of 'law' is needed for the jury it is given by the judge.

I am not aware of the judge ever giving direction on the facts. The jury is the judge of the facts.

So to answer your question the judge doesn't give direction as to credibility of witnesses it is for the jury to deicde.

Reply 2

vnupe

Original post by BrionySHS

If anything this is argued by the barristers outside of the purview of the Jury... as to the admissibility of the witness’ evidence. And its also subject to certain tests, whose names escape me right now.

Remember the first rule of witness evidence, are they (The witnesses) compellable, most instances yes, as it is a low threshold

Next is their evidence admissible, that is up to arguments to the judge absent the jury by both sides, based on various tests.

If the Judge rules their evidence as admissible then the Jury will hear the evidence, with most likely the side that didnt call the witness, seeking liberty to treat them as hostile to vigorously challenge and refute their evidence.