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eyewitness Tag

Discrediting Eyewitness Testimony

Discrediting Eyewitness Testimony

At a criminal trial, the prosecution and defense work hard to discredit eyewitness testimony offered by the opposing side. The effect of discrediting the observations of a key witness in front of a jury can be extremely influential in a case’s outcome. Lawyers use numerous techniques to show that an eyewitness is unreliable, some of which are outlined here. Questioning About the Accuracy of a Witness’s Memory One of the most powerful ways to discredit an eyewitness involves questioning the accuracy of that witness’s memory. For example, a lawyer might ask whether the witness was under the influence of any drugs or...

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Anonymous Tips and DUI Traffic Stops

Anonymous Tips and DUI Traffic Stops

Can you be arrested for DUI based on an anonymous tip to the police? In a 2014 case, Navarette v. California, 572 U.S. _ (2014), the Supreme Court of the United States said that you can. Depending on the circumstances, an anonymous tip can provide law enforcement with the reasonable suspicion needed to justify a brief investigatory traffic stop. The Navarette case involved an anonymous phone call to the police stating that the caller had been run off the highway at a specific mile marker by a silver Ford F-150 pickup truck. The police soon spotted a vehicle matching that description...

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Problems with Identification Testimony in Oklahoma

Problems with Identification Testimony in Oklahoma

There are many ways to challenge identification testimony in court, because eyewitness statements are inherently unreliable tools to establish people’s identities. Numerous studies show that witnesses misidentify people in lineups and in the courtroom for many different reasons. In recent years, challenges to convictions based on mistaken eyewitnesses have resulted in many innocent people freed. Some common problems with eyewitness testimony: Witnesses are distracted by weapons, moving vehicles, or clothing (like a hat pulled down low) Poor lighting at the scene, or poor vision on the part of the witness Stress and anxiety during the crime and afterward Witness bias or...

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