Eyewitness testimony is a powerful form of evidence, and this is especially true in the United States criminal legal system. At the same time, eyewitness misidentification is the greatest contributing factor to wrongful convictions proven by DNA testing. In this paper, I offer a close examination of this tension between the enormous epistemic weight that eyewitness testimony is afforded in the United States criminal legal system and the fact that there are important questions about its (...) reliability as a source of evidence. In Sections 1 and 2, I argue that lineups and interrogations often function by way of extracting testimony from an eyewitness through practices that are manipulative, deceptive, or coercive. I then show, in Section 3, that when testimony that is extracted in these ways is given an unwarranted excess of credibility, the eyewitness in question is the victim of what I call agential testimonial injustice. I conclude that since much of the testimony of eyewitnesses is both extracted and given an excess of credibility, there is a fairly widespread form of epistemic injustice being inflicted upon testifiers in the United States criminal legal system. This calls for reforms along both dimensions—lineups and interrogations should go through a witness's epistemic agency, rather than bypassing, exploiting, or undermining it, and the weight of the resulting testimony should be viewed in the broader context of its significant fallibility. (shrink)

In a typical experiment on the misinformation effect, subjects first watch some event, afterwards read a description of it which in the experimental group includes some incorrect details, and answer questions relating to the original event. Typically, subjects in the misled experimental group report more false details than those from the control group. The main purpose of the presented study was to compare two methods of reducing the misinformation effect, namely - warning against misinformation and reinforced self-affirmation. The reinforced self-affirmation (...) consists of two elements: the participants recall their greatest achievements of life, and are being given a positive feedback about their performance in a memory task. The obtained results showed that the reinforced self-affirmation was more effective than warning, although the latter also caused a significant reduction of the vulnerability to misinformation. (shrink)

Eyewitnesses are susceptible to recollecting that they experienced an event in a way that is consistent with false information provided to them after the event. The effect is commonly called the misinformation effect. Because jurors tend to find eyewitness testimony compelling and persuasive, it is argued that jurors are likely to give inappropriate credence to eyewitness testimony, judging it to be reliable when it is not. It is argued that jurors should be informed about psychological findings (...) on the misinformation effect, to ensure that they lower the credence that they give to eyewitness testimony to reflect the unreliability of human memory that is demonstrated by the effect. Here I present a new argument, the overcritical juror argument, to support the conclusion that eyewitnesses are likely to make inappropriate credence assignments to eyewitness testimony. Whereas previously authors have argued that jurors will tend to give too much credence to eyewitness testimony, I identify circumstances in which jurors will give too little credence to some pieces of testimony. In my view jurors should be informed by psychological findings relating to the misinformation effect to ensure that they do not lower the credence that they give to eyewitness testimony when they should not. (shrink)

Reports of anomalous experiences are to be found in all known societies, both historically and geographically. If these reports were accurate, they would constitute powerful evidence for the existence of paranormal forces. However, research into the fallibility of human memory suggests that we should be cautious in accepting such reports at face value. Experimental research has shown that eyewitness testimony is unreliable, including eyewitness testimony for anomalous events. The present paper also reviews recent research into susceptibility (...) to false memories and considers the relevance of such work for assessing reports of anomalous events. It is noted that a number of psychological variables that have been shown to correlate with susceptibility to false memories also correlate with the tendency to report paranormal and related anomalous experiences. Although attempts to show a direct link between tendency to report anomalous experiences and susceptibility to false memories have had only limited success to date, this may reflect the use of inappropriate measures. (shrink)

This study investigates the malleability of the eyewitness memory by analyzing the effects of Memory Conformity and Cross-Race Effect (CRE) among Asian ethnic groups. A live crime enactment (snatch theft) was initiated in order to assess both variables. Two experiments were conducted using a questionnaire with a total of 36 participants in a private university. Experiment 1 examined the effects of group conformity. After the live enactment and the filler task, participants were randomly assigned to one of two conditions: (...) discussed and no discussed groups. All participants were given a questionnaire and was informed to complete it individually. Experiment 2 examined the cross-race effect. Participants were informed to answer the questionnaire individually and the results were analyzed based on the racial identity. No difference in memory accuracy was found between discussed and no discussed conditions in the experiment 1. However, in experiment 2, a disparate racial identity effect was found opposing the past literature. (shrink)

Eyewitness testimony is both an important and a notoriously unreliable type of criminal evidence. How should investigators, lawyers and decision-makers evaluate eyewitness reliability? In this article, I argue that Testimonial Inference to the Best Explanation is a promising, but underdeveloped prescriptive account of eyewitness evaluation. On this account, we assess the reliability of eyewitnesses by comparing different explanations of how their testimony came about. This account is compatible with, and complementary to both the Bayesian framework (...) of rational eyewitness evaluation and with prescriptive methods for eyewitness assessment developed by psychologists. Compared to these frameworks, the distinctive value of thinking in terms of competing explanations is that it helps us select, interpret and draw conclusions from the available evidence about the witness’s reliability. (shrink)

Through a detailed analysis that draws on work across philosophy, the law, and social psychology, this book shows that, from the very beginning of the American criminal legal process in interrogation rooms to its final stages in front of parole boards, testimony is extracted from individuals through processes that are coercive, manipulative, or deceptive. This testimony is then unreasonably regarded as representing the testifiers’ truest or most reliable selves. With chapters ranging from false confessions and eyewitness misidentifications (...) to recantations from victims of sexual violence and expressions of remorse from innocent defendants at sentencing hearings, it is argued that there is a distinctive epistemic wrong being perpetrated against suspects, defendants, witnesses, and victims. This wrong involves brute State power targeting the epistemic agency of its citizens, extracting false testimony that is often life-shattering, and rendering the victims in question complicit in their own undoing. It is concluded that it is only through understanding what it means to respect the epistemic agency of each participant in the criminal legal system that we can truly grasp what justice demands and, in so doing, to reimagine what is possible. (shrink)

According to Scheck, Newfeld, and Dwyer (2000), there have been innumerable individuals wrongly convicted of a crime and sentenced to life imprisonment or to death based upon faulty evidence. The historical development of DNA evidence as a tool in the investigative process during the past 25 years is explained/analyzed, and the role of eyewitness evidence in the wrongful conviction of innocent individuals. This paper culminates in the Anthony Capozzi case study where eyewitness testimony wrongfully imprisoned a man (...) before the advent of DNA technology and which ultimately freed him years after the crime. The methodology used is the examination of journal articles, books, and newspaper articles on the phenomenon of wrongful convictions. (shrink)

Using photographs and testimonials, we will analyze details of the “miracle of the spinning sun” on October 13, 1917, at solar noon near Fatima. The phenomenon predicted ahead of time, occurred as the clouds cleared on what began as a rainy day. Various explanations have been presented but do not stand up to a comparative analysis of eyewitnesses, weather data, and photographs. This article aims to bring clarity to this event through the analysis of certified photographs and testimonies comparing them (...) to official meteorological and astronomical data. Our study confirms key points of the testimonials while focusing on objective data. The shadows and reflections reveal two soft light sources emerging from a rather dark background: one seen as a “pale sun”, and another overhead, fuzzy and as softly bright. The latter, likely being caused by a clear cloud, blurred the shadows of the weak “sun”. Strangely, the portions of clothing exposed to this “sun” dried quickly. This warm source, uncannily moonlike, was also able to cast distinct shadows on sloping surfaces and under objects. Eventually, these shadows will help us to estimate the height of the “sun” at ~30°, lower than the expected 42°. Therefore, the directly observed source could not have been the sun, and most probably not any physiological, psychological, or meteorological effect. (shrink)

The incorporation of post-event testimonial information into an agent’s memory representation of the event via constructive memory processes gives rise to the misinformation effect, in which the incorporation of inaccurate testimonial information results in the formation of a false memory belief. While psychological research has focussed primarily on the incorporation of inaccurate information, the incorporation of accurate information raises a particularly interesting epistemological question: do the resulting memory beliefs qualify as knowledge? It is intuitively plausible that they do not, for (...) they appear to be only luckily true. I argue, however, that, despite its intuitive plausibility, this view is mistaken: once we adopt an adequate (modal) conception of epistemic luck and an adequate (adaptive) general approach to memory, it becomes clear that memory beliefs resulting from the incorporation of accurate testimonial information are not in general luckily true. I conclude by sketching some implications of this argument for the psychology of memory, suggesting that the misinformation effect would better be investigated in the context of a broader “information effect”. (shrink)

This article takes as its focus the question, raised by Shoshana Felman and Dori Laub in their 1995 book Testimony: Crises of Witnessing in Literature, Psychoanalysis and History, of what it means for an event to be constituted by the collapse of its witness. The discussion centres on a reading of the moment Yehiel Dinoor, a writer also known as K-Zetnik and one of the few eyewitnesses at the 1961 Eichmann trial in Jerusalem, falls out of the stand and (...) into a coma while attempting to provide his testimony. By rethinking this historical trauma as a ‘collapse of witnessing’, I suggest Felman and Laub shift the focus from a purely cognitive or epistemological question — a problem of knowing and not-knowing — to a question of communicating to others: a problem of address. It is the circumstance of having ‘no one to whom one could say Thou’, as Laub puts it, that constitutes the Holocaust, for the victims, as what the authors call an ‘event without a witness’. (shrink)

This vital study offers a new interpretation of Hume's famous "Of Miracles," which notoriously argues against the possibility of miracles. By situating Hume's popular argument in the context of the 18th century debate on miracles, Earman shows Hume's argument to be largely unoriginal and chiefly without merit where it is original. Yet Earman constructively conceives how progress can be made on the issues that Hume's essay so provocatively posed about the ability of eyewitness testimony to establish the credibility (...) of marvelous and miraculous events. (shrink)

Studying evidence law as part of naturalized epistemology means using the tools and results of the sciences to evaluate evidence rules based on the accuracy of the verdicts they are likely to produce. In this chapter, we introduce the approach and address skeptical concerns about the value of systematic empirical research for evidence scholarship, focusing, in particular, on worries about the external validity of jury simulation studies. Finally, turning to applications, we consider possible reforms regarding eyewitness identifications and character (...) evidence. (shrink)

In some cases, there appears to be an asymmetry in the evidential value of statistical and more individualized evidence. For example, while I may accept that Alex is guilty based on eyewitness testimony that is 80% likely to be accurate, it does not seem permissible to do so based on the fact that 80% of a group that Alex is a member of are guilty. In this paper I suggest that rather than reflecting a deep defect in statistical (...) evidence, this asymmetry might arise from a general constraint on rational inquiry. Plausibly the degree of evidential support needed to justify taking a proposition to be true depends on the stakes of error. While relying on statistical evidence plausibly raises the stakes by introducing new kinds of risk to members of the reference class, paradigmatically `individualized' evidence---evidence tracing back to A's voluntary behavior---can lower the stakes. The net result explains the apparent evidential asymmetry without positing a deep difference in the brute justificatory power of different types of evidence. (shrink)

Given that conspiracies exist, can we be justified in dismissing conspiracy theories without concerning ourselves with specific details? I answer this question by focusing on contrarian conspiracy theories, theories about conspiracies that conflict with testimony from reliable sources of information. For example, theories that say the CIA masterminded the assassination of John F. Kennedy, 9/11 was an inside job, or the Freemasons are secretly running the world are contrarian conspiracy theories. When someone argues for a contrarian conspiracy theory, their (...) options are to appeal to eyewitness testimony, incriminating documents, photographs, audio recordings, video recordings, allegedly scientific evidence, anomalies, or considerations of cui bono (who benefits). Most laypeople don’t know how to adequately respond to arguments for contrarian conspiracy theories, but this doesn’t mean that it’s dogmatic to reject them. I argue that many laypeople are defeasibly justified in rejecting a variety of contrarian conspiracy theories based on testimony and this justification is rarely defeated by arguments for contrarian conspiracy theories even if we don’t know how to respond to these arguments. (shrink)

Suppose one hundred prisoners are in a yard under the supervision of a guard, and at some point, ninety-nine of them collectively kill the guard. If, after the fact, a prisoner is picked at random and tried, the probability of his guilt is 99%. But despite the high probability, the statistical chances, by themselves, seem insufficient to justify a conviction. The question is why. Two arguments are offered. The first, decision-theoretic argument shows that a conviction solely based on the statistics (...) in the prisoner scenario is unacceptable so long as the goal of expected utility maximization is combined with fairness constraints. The second, risk-based argument shows that a conviction solely based on the statistics in the prisoner scenario lets the risk of mistaken conviction surge potentially too high. The same, by contrast, cannot be said of convictions solely based on DNA evidence or eyewitness testimony. A noteworthy feature of the two arguments in the paper is that they are not confined to criminal trials and can in fact be extended to civil trials. (shrink)

"This collection is the first book-length examination of the various epistemological issues underlying legal trials. Trials are, among other things, centrally concerned with determining truth: whether a criminal defendant has in fact culpably committed the act of which they are accused, or whether a civil defendant is in fact responsible for the damages alleged by the plaintiff. But are trials truth-conducive? Assessing the value of trials as truth-seeking endeavors requires that we consider a host of underlying social epistemological questions. The (...) contributors to this volume address a number of these pressing questions, including but not limited to the following: How much credence should they give to eyewitness testimony? How should we balance the relative epistemic value of testimony offered by defense witnesses and prosecution witnesses? Are juries an effective means of arriving at justified beliefs about a defendant's guilt or innocence? When, if ever, is statistical information about a defendant's character relevant? What degree of certainty should we require to support a verdict of 'guilty'? How should standards of proof be interpreted for allegations that contain numerous discrete components? The Social Epistemology of Legal Trials will be of interest to scholars and upper-level students working on issues at the intersection of epistemology and philosophy of law"--. (shrink)

Emotional memories are vivid and lasting but not necessarily accurate. Under some conditions, emotion even increases people’s susceptibility to false memories. This review addresses when and why emotion leaves people vulnerable to misremembering events. Recent research suggests that pregoal emotions—those experienced before goal attainment or failure —narrow the scope of people’s attention to information that is central to their goals. This narrow focus can impair memory for peripheral details, leaving people vulnerable to misinformation concerning those details. In contrast, postgoal emotions—those (...) experienced after goal attainment or failure —broaden the scope of attention leaving people more resistant to misinformation. Implications for legal contexts, such as emotion-related errors in eyewitness testimony, are discussed. (shrink)

Overgeneralizations by psychologists of the research evidence on memory and eyewitness testimony, such as “memory decays with time” or “memories are fluid and malleable,” are beginning to appear in legal judgements and guidance documents, accompanied by unwarranted disparagement of lay beliefs about memory. These overgeneralizations could have significant adverse consequences for the conduct of civil and criminal law.

The old proverb can still more accurately be applied to their biographers.‘ Even the more plausible and psycho logically tempting details in the lives of literary figures derive from these authors’ fictional works, poems, and dramas, and not from the kind of source material biographers use today, letters, documents, eyewitness testimony. Critics and readers eager to establish some historical correlation between any ancient poet's life and his work should expect to be disappointed. But even if the ancient lives (...) are useless to the historian or critic trying to explain what in Euripides’ experience compelled him to write about Medea, these stories are of interest to mythologists. If we stop being angry at the Lives for failing to be historical, and look at them rather as myths or fairy tales, some informative patterns begin to emerge. (shrink)

Butterfield claims that "there is little verifiable information on the new economic zones -- no full-time American correspondents have been admitted since the war -- but they are evidently not popular." While it is true that American correspondents are not welcomed in Vietnam, there is nonetheless ample expert eyewitness testimony, including that of journalists of international repute, visiting Vietnamese professors from Canada, American missionaries and others who have traveled through the country where they worked for many years. Jean (...) and Simonne Lacouture published a book in 1976 on a recent visit, critical of much of what they saw but giving a generally very positive account of reconstruction efforts and popular committment. Max Ediger of the Mennonite Central Committee, who worked in Vietnam for many years and stayed for thirteen months after the war, testified before Congress in March 1977 on a two-week return visit in January, also conveying a very favorable impression of the great progress he observed despite the "vast destruction of soil and facilities inflicted by the past war." There have also been positive accounts of the "new economic zones" in such journals as the Far Eastern Economic Review and the Canadian Pacific Affairs. (shrink)

In the debate about the legal value of naked statistical evidence, Di Bello argues that (1) the likelihood ratio of such evidence is unknown, (2) the decision-theoretic considerations indicate that a conviction based on such evidence is unacceptable when expected utility maximization is combined with fairness constraints, and (3) the risk of mistaken conviction based on such evidence cannot be evaluated and is potentially too high. We argue that Di Bello’s argument for (1) works in a rather narrow context, and (...) that (1) is not exactly in line with the way expert witnesses are required to formulate their opinions. Consequently, Di Bello’s argument for (2), which assumes (1), does not apply uniformly to all convictions based on naked evidence. Moreover, if Di Bello’s analysis is correct, it applies also to eyewitness testimony, given empirical results about its quality, and so the distinctions drawn by DiBello cut across the distinction between naked statistical evidence and other types of evidence. Finally, if we weaken the rather strong requirement of precise measurability of the risk of mistaken conviction, to the availability of reasonable but imprecise and fallible estimates, many field and empirical studies show that often the risk of mistaken conviction based on naked statistical evidence can be estimated to a similar extent as the risk of mistaken conviction based on any other sort of evidence. (shrink)

Human social interaction is varied, complex and always changing. How we perceive each other and ourselves, how individuals interact within groups, and how groups are structured--all these are the domain of social psychology. Many have doubted, however, that a full-fledged social psychology textbook can successfully be written from a Christian perspective. Inevitably, some say, when attempting to integrate theology and social psychology, one discipline must suffer at the expense of the other. Angela Sabates counters that thinking by demonstrating how these (...) two disciplines can indeed be brought together in a fruitful way. She crisply covers key topics in social psychology, utilizing research that is well grounded in the empirical and theoretical literature, while demonstrating how a distinctively Christian approach can offer fresh ideas and understandings. Why doesn t our behavior always match what we say we believe? How and when are we most likely to be persuaded? What is the social psychology of violence? How reliable are eyewitness testimonies? Are racism and prejudice on the decline or are we just better at hiding them? Sabates draws out the implications of a Christian view of human persons on these and other central subjects within the well-established framework of social psychological study. This volume is for those looking for a core text that makes use of a Christian theological perspective to explore what the science of psychology suggests to us about the nature of human social interaction. (shrink)

The effect of uniform lighting on face identity processing is little understood, despite its potential influence on our ability to recognize faces. Here, we investigated how changes in uniform lighting level affected face identification performance during face memory tests. Observers were tasked with learning a series of faces, followed by a memory test where observers judged whether the faces presented were studied before or novel. Face stimuli were presented under uniform bright or dim illuminations, and lighting across the face learning (...) and the memory test sessions could be the same or different. This led to four experimental conditions: Bright/Dim ; Bright/Bright; Dim/Bright; and Dim/Dim. Our results revealed that incongruent lighting levels across sessions significantly reduced sensitivity to faces and introduced conservative biases compared to congruent lighting levels. No significant differences in performance were detected between the congruent lighting conditions and between the incongruent lighting conditions. Thus, incongruent lighting deteriorated performance in face identification. These findings implied that the level of uniform lighting should be considered in an illumination-specific face representation and potential applications such as eyewitness testimony. (shrink)

During a recent review of some issues concerning the reliability of eyewitness testimony in parapsychology, I was reminded of some fascinating episodes that I believe will interest many JSE readers. These episodes concern a familiar criticism of non-laboratory parapsychological data held, not only by parapsychological skeptics and those only casually familiar with the field, but also by many veteran psi researchers. Challenges to the reliability of eyewitness accounts typically focus on cases of physical mediumship, poltergeists, and apparitions, (...) in which (we’re told) observers ordinarily base their reports on phenomena from darkened séance rooms, or under other poor psychological and physical conditions of observation (e.g., periods of distress or distraction, or objects moving too quickly to be observed and described reliably). Moreover, these are conditions in which observers are particularly liable to misperceive in accordance with their own biases or predispositions in favor of the paranormal. So (we’re told), eyewitness accounts in these cases should be treated with great caution at the very least, because they’re too liable to be contaminated by observer-bias in favor of the paranormal. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Did Jesus Rise from the Dead? Historical and Theological Reflections by Matthew LeveringBrant PitreDid Jesus Rise from the Dead? Historical and Theological Reflections by Matthew Levering (Oxford: Oxford University Press, 2019), 272 pp.In his book Did Jesus Rise from the Dead? Historical and Theological Reflections, Matthew Levering writes "to make the case" that there is "good reason" to believe in the bodily resurrection of Jesus (1). In this (...) self-described work of "theological apologetics" (211), Levering argues from a threefold foundation for the credibility of Jesus's resurrection: (1) "the New Testament evidence," considered from the perspective of historical investigation; (2) the "sheer strangeness" of the apostolic claim that [End Page 1347] Jesus was "resurrected" and not just resuscitated or exalted into heaven as an immortal soul; (3) and the intrinsic credibility of the "supreme love" revealed through his death and resurrection (2–4). As this threefold foundation makes clear, Levering draws together both "historical and theological reasons for believing that Jesus' Resurrection happened" (4).In chapter 1, Levering contends that, while "faith does not stand or fall upon the results of historical research, those who insist that the truth of Jesus' Resurrection has nothing to do with the domain of historical investigation are mistaken" (30). To this end, he offers a survey of three figures: (1) the Belgian Dominican theologian Edward Schillebeeckx; (2) the American Protestant biblical scholar Dale C. Allison Jr.; and (3) the Anglican bishop and biblical theologian N. T. Wright. Levering exposes the serious flaws of contemporary attempts to reduce the resurrection claims of early Christians to hallucinations or visions of someone who has recently died. In particular, Levering finds compelling Wright's argument that the bodily resurrection of Jesus provides "the best historical explanation" of the early Christian claim that what first-century Jews expected to happen to everyone at the end of time had in fact happened to only one person—Jesus of Nazareth—in the middle of time. From a strictly historical point of view, claims that the disciples were merely moved by grace to a new experience Jesus being "alive" or that they simply experienced hallucinatory visions of Jesus after his death fail to explain the "radical change of eschatology" that took place in the early Church (56).In chapter 2, Levering explores the question of whether "the Church's mediation is truly effective in enabling us to share in the apostolic communion with the risen Jesus" (63). He first offers a sympathetic overview of the Protestant biblical scholar Richard Bauckham's book Jesus and the Eyewitnesses (2003; 2nd ed., 2017), in which he claims that the Gospels rest largely on "eyewitness testimony" (87–88). According to Levering, Bauckham's historical arguments show that "the ongoing presence of eyewitnesses provides a reason for not being skeptical about the major events of Jesus' life as reported by the Gospels, including his Resurrection" (89). At the same time, Levering insists that eyewitness memory is only one "mode of historical remembrance" utilized by the Church; in addition, Jesus also "willed that the historical remembrance of his Resurrection be an ecclesial reality" (90)—that is, a liturgical act of "remembrance" that takes place above all in the Eucharistic liturgy.In chapter 3, Levering aims to shed light on "the role of the Old Testament in aiding the discernment of the historical credibility of Jesus's Resurrection" (91). This chapter presents a stark contrast to contemporary [End Page 1348] studies of the resurrection that begin (and end) with the New Testament data. In it, Levering surveys the work of three contemporary scholars—Dale Allison, N. T. Wright, and the Jewish scholar Jon Levenson—and puts them in conversation with Thomas Aquinas's thirteenth-century commentary on the account of Jesus's resurrection in John 20–21. As this chapter amply demonstrates, it is "precisely in the scriptural history that the Creator God has guided, that we come to know that given such a God and such a history, Jesus' Resurrection is believable" (112). According to Levering, "the entire Old Testament" (113) is a necessary prolegomenon for understanding what it even means to say that Jesus has been raised in the first... (shrink)

The basic alternatives seem to be either a Humean reductionist view that any particular assertion needs backing with inductive evidence for its reliability before it can retionally be believed, or a Reidian criterial view that testimony is intrinscially, though defeasibly, credible, in the absence of evidence against its reliability.Some recent arguments from the constraints on interpreting any linguistic performances as assertions with propositional content have some force against the reductionist view. We thus have reason to accept the criterial view, (...) at least as applied to eyewitness reports. But these considerations do not establish that any rational enquirer must have the concept of other minds or testimony. The logical possibility of the lone enquirer, who uses symbols and thereby expresses some knowledge of his world, remains open — but it is a question we have no need to pronounce upon. (shrink)

Scientific evidence is often more reliable than other types of evidence commonly used in criminal trials – i.e., eyewitness identifications, confessions, and informant testimony. Nevertheless, despite its obvious value, forensic science has not always merited the term “science.” Three developments in the 1990s focused attention on its shortcomings: the advent of DNA profiling, the Supreme Court's “junk science” decision, and a number of wellpublicized crime laboratory scandals. In light of these developments, and in order to take full advantage (...) of the power of forensic science to aid in the search for truth, a number of reforms are needed: Crime laboratories should be accredited, lab procedures should be standardized, and basic research needs to be conducted on many commonly used techniques. Court procedures also require improvement: Defense experts should be more readily available to indigent defendants, and more comprehensive pretrial disclosure of the substance of expert testimony should be provided. (shrink)

The United States Supreme Court has long recognized the value of scientific evidence - especially when compared to other types of evidence such as eyewitness identifications, confessions, and informant testimony. For example, in Escobedo v. Illinois, the Court observed: “We have learned the lesson of history, ancient and modern, that a system of criminal law enforcement which comes to depend on the ‘confession’ will, in the long run, be less reliable and more subject to abuses than a system (...) which depends on extrinsic evidence independently secured through skillful investigation.” Similarly, in Davis v. Mississippi, the Court commented:Detention for fingerprinting may constitute a much less serious intrusion upon personal security than other types of police searches and detentions. Fingerprinting involves none of the probing into an individual's private life and thoughts that marks an interrogation or search. Nor can fingerprint detention be employed repeatedly to harass any individual, since the police need only one set of each person's prints. Furthermore, fingerprinting is an inherently more reliable and effective crime-solving tool than eyewitness identifications or confessions and is not subject to such abuses as the improper line-up and the “third degree.”. (shrink)

The United States Supreme Court has long recognized the value of scientific evidence – especially when compared to other types of evidence such as eyewitness identifications, confessions, and informant testimony. For example, inEscobedo v. Illinois, the Court observed: “We have learned the lesson of history, ancient and modern, that a system of criminal law enforcement which comes to depend on the –confession— will, in the long run, be less reliable and more subject to abuses than a system which (...) depends on extrinsic evidence independently secured through skillful investigation.” Similarly, inDavis v. Mississippi, the Court commented:Detention for fingerprinting may constitute a much less serious intrusion upon personal security than other types of police searches and detentions. Fingerprinting involves none of the probing into an individual's private life and thoughts that marks an interrogation or search. Nor can fingerprint detention be employed repeatedly to harass any individual, since the police need only one set of each person's prints. Furthermore, fingerprinting is an inherently more reliable and effective crime-solving tool than eyewitness identifications or confessions and is not subject to such abuses as the improper line-up and the “third degree.”. (shrink)

Sexual assault leaves the victims with unbearable emotional pain from the experience. The unwanted aggression against their freewill causes them to suffer physically and mentally. On top of that, they also have to fight to be treated fairly and respectfully during their court trials. There has been some controversy regarding rape prosecution in the Islamic legal system. The reason for this controversy is that the rape victim would usually be either charged with zina because of her confession, or committing qadhf, (...) as a result of her failure to provide four male eyewitnesses. This paper aims at investigating the fundamental legal rights of rape victims who complain of being raped, to be defended fairly, and to get exemption from punishment as provided in Islamic law. This paper also seeks to investigate the admissibility of the individual testimony of the victim against the rapist. This paper suggests that proving rape is not similar to proving zina, because a rape victim who lodges a report or complains of her ordeal of being raped should not be treated the same as a person who confesses to zina. Proving rape is also different from accusing the rapist with committing zina. This study will explore opinions and arguments of classical Muslim scholars of Islamic jurisprudence from various schools of thought. (shrink)

The Flowers of War, based on the homonymous novel by Geling Yan, and City of Life and Death are recent Chinese films that deal with the so-called 'Nanking Massacre‘ or 'the Rape of Nanking‘. The events which inspired these stories in the context of the second Sino-Japanese War will be analysed through the study and comparison of both films, together with the reasons which led the directors to fictionalise a series of events so many years after they occurred in 1937. (...) This analysis will be carried out based on the testimonies of the foreigners who eyewitnessed the events at the time, and who left written testimony of the facts, and a comparison shall be made between the fictional and factual events. (shrink)

This article reviews contemporary response to several contrasting strands of recent empirical work. It begins with discussing the scope and rationale of evidence law. Experimental studies on eyewitness memory and testimony illustrate the potential value of empirical studies to the practice of investigations, prosecutions, and appeals. This article discusses several lines of empirical inquiry employing diverse methodologies, experiments, surveys, and approaches and reviews their limitations, and implications and significance for the understanding and practice of law. Many of the (...) contributions from empirical legal studies are provisional and their precise value for practice is uncertain or ambiguous, but they raise important issues worthy of serious consideration. By identifying problems with eyewitness evidence and the limitations of many of the forensic sciences, and in many other ways, empirical and experimental studies have substantially outpaced legal experience. Indifference to empirical legal study is likely to reduce the social legitimacy of legal institutions. (shrink)

There are three possible ways of access to phenomena of suffered violence: the first is the experience of those who have suffered violence themselves; the second is the experience of eyewitnesses; the third, which is the most frequent one, is an indirect access through the testimony of people belonging to the first two categories. Each way of access has advantages but also serious difficulties, both in terms of the objectivity of the experience and of the possibility to express it (...) in language. No one is free from an affective and a normative dimension; this implies that there is a certain tension with regard to the phenomenological reduction. The paper offers an analysis of these ways of access. (shrink)

James Mill'sHistory of British India(1817) made a rather strange claim: first-hand experience of India was not vital in writing a history – potentially, it led to false ideas about its subject-matter: eyewitnesses are susceptible to bias. The historian was thus to perform his task as a judge: sifting through various testimonies to obtain a ‘more perfect’ conception of the whole than those who witnessed its various parts. Although strange, Mill's claim does not bewilder his readers: after all, Mill was a (...) ‘militant’ exponent of theorizing utilitarianism. I argue that such a reading of Mill's method is injudiciously restrictive. Not only did Mill draw on well-known methodological concerns in contemporary historiographical practice, not necessarily linked with Jeremy Bentham or the Scottish theoretical historiography, but he also seemed to adopt the vocabulary of forensic rhetoric, making his claim that his was a ‘judging’ history more literal than it has been supposed. (shrink)

Testimony is an invaluable source of knowledge. We rely on the reports of those around us for everything from the ingredients in our food and medicine to the identity of our family members. Recent years have seen an explosion of interest in the epistemology of testimony. Despite the multitude of views offered, a single thesis is nearly universally accepted: testimonial knowledge is acquired through the process of transmission from speaker to hearer. In this book, Jennifer Lackey shows that (...) this thesis is false and, hence, that the literature on testimony has been shaped at its core by a view that is fundamentally misguided. She then defends a detailed alternative to this conception of testimony: whereas the views currently dominant focus on the epistemic status of what speakers believe, Lackey advances a theory that instead centers on what speakers say. The upshot is that, strictly speaking, we do not learn from one another's beliefs - we learn from one another's words. Once this shift in focus is in place, Lackey goes on to argue that, though positive reasons are necessary for testimonial knowledge, testimony itself is an irreducible epistemic source. This leads to the development of a theory that gives proper credence to testimony's epistemologically dual nature: both the speaker and the hearer must make a positive epistemic contribution to testimonial knowledge. The resulting view not only reveals that testimony has the capacity to generate knowledge, but it also gives appropriate weight to our nature as both socially indebted and individually rational creatures. The approach found in this book will, then, represent a radical departure from the views currently dominating the epistemology of testimony, and thus is intended to reshape our understanding of the deep and ubiquitous reliance we have on the testimony of those around us. (shrink)

Testimony of oppression is testimony that something constitutes or contributes to a form of oppression, such as, for example, “The stranger’s comment was sexist.” Testimony of oppression that is given by members of the relevant oppressed group has the potential to play an important role in fostering a shared understanding of oppression. Yet, it is frequently dismissed out of hand. Against the background of a recent debate on moral testimony, this paper discusses the following question: How (...) should privileged hearers approach testimony of oppression if they aim to do so in an ethically and epistemically sound way? Should they defer or try to understand? Both strategies constitute ways of learning from testimony of oppression. However, they differ in important respects and exclude each other. Because testimony of oppression is often based on personal experience, empathizing with the speaker can play an important role in trying to understand testimony of oppression. While the fact that empathy can change your mind and the advantages of understanding over knowledge support trying to understand as the right approach to testimony of oppression, considerations of the “limits of empathy” and the value of deference support deferring. I argue that, on balance, these contrasting arguments allow for a limited defense of the role of empathy in learning from testimony of oppression. We should try to understand testimony of oppression by empathizing with the speaker, but not treat our ability to understand as a condition on accepting a speaker’s claim. (shrink)

This paper argues for the general proper functionalist view that epistemic warrant consists in the normal functioning of the belief-forming process when the process has forming true beliefs reliably as an etiological function. Such a process is reliable in normal conditions when functioning normally. This paper applies this view to so-called testimony-based beliefs. It argues that when a hearer forms a comprehension-based belief that P (a belief based on taking another to have asserted that P) through the exercise of (...) a reliable competence to comprehend and filter assertive speech acts, then the hearer's belief is prima facie warranted. The paper discusses the psychology of comprehension, the function of assertion, and the evolution of filtering mechanisms, especially coherence checking. (shrink)