Jump to ContentJump to Main Navigation
Memory and Law$
Users without a subscription are not able to see the full content.

Lynn Nadel and Walter P. Sinnott-Armstrong

Print publication date: 2012

Print ISBN-13: 9780199920754

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199920754.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 29 July 2017

Inconsistencies between Law and the Limits of Human Cognition

Inconsistencies between Law and the Limits of Human Cognition

The Case of Eyewitness Identification

Chapter:
(p.29) 2 Inconsistencies between Law and the Limits of Human Cognition
Source:
Memory and Law
Author(s):

Deborah Davis

Elizabeth F. Loftus

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199920754.003.0002

This chapter considers the issue of whether the legal system assumes greater accuracy in the production and assessment of eyewitness identifications than the limits of cognition reasonably permit. It first reviews what is known about the limits of accuracy in eyewitness performance under optimal conditions, and the ease with which this maximum performance can be compromised by common real life witnessing conditions. Evidence is reviewed that, even under optimal conditions, witness accuracy does not reach standards of certainty beyond reasonable doubt. Discussion then turns to the problems faced by those who must judge witness accuracy, including: inadequacies in knowledge of determinants of face processing and memory accuracy; selective access to information relevant to factors known to affect witness accuracy; inadequacies of safeguards such as cross-examination of witnesses, and others. Implications for reforms in treatment of eyewitness evidence are discussed.

Keywords:   eyewitness, memory, judging, witness accuracy, admissibility, limits of cognition, reform

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .