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Providing Eyewitness Expert Testimony in Los Angeles

NCJ Number
152863
Journal
Expert Evidence Volume: 3 Issue: 1 Dated: (July 1994) Pages: 9-15
Author(s)
R E Geiselman
Date Published
1994
Length
7 pages
Annotation
The author examined eyewitness expert testimony in more than 75 cases for the Superior Court of Los Angeles County and concluded that California's approach to using eyewitness experts is adequate.
Abstract
Los Angeles County has a committee of court judges and administrators that maintains a roster of panel experts. This panel expedites the process of obtaining expert testimony. The task of the court to determine whether the proposed witness is a recognized expert in the field is reduced to ensuring that the witness performs in a professional manner acceptable to the court. The panel does not formally exclude other potential experts from participating in the system, and those persons can be put forth by counsel for consideration by the judge in any case. Expert testimony includes a discussion of factors that have been shown to affect a significant percentage of eyewitnesses. The expert can review relevant scientific research on the ability to perceive and recall events and can address cognitive and social factors known to distort or enhance perception, hamper or maintain memory, and alter or facilitate recollection. The expert cannot express an opinion that the eyewitness testimony of a particular witness is reliable or unreliable. The importance of in-court questioning and cross-examination of eyewitness experts and the evaluation of eyewitness evidence are discussed. In addition, ethical dilemmas associated with the use of eyewitness experts by both defense and prosecution are examined. 23 references