Problems of Forensic Sciences 2018 Vol. 113 (CXIII) 67-90
AN EVALUATION OF WITNESS TESTIMONY IN CRIMINAL PROCEEDINGS: PRELIMINARY RESULTS OF EMPIRICAL RESEARCH
Joanna KABZIŃSKA
SWPS University of Social Sciences and Humanities, Warsaw, Poland
Katowice Faculty of Psychology, Katowice, Poland
Streszczenie
The research paper investigates the assessment of the legal credibility of eyewitness testimony in criminal proceedings. It examines the criteria used by courts to assess eyewitness credibility and the factors that influence the number and type of criteria they invoke in their evaluations. It also raises the question of whether the assessment of credibility is subject to bias. The research aims were achieved by analysing the testimony of 751 eyewitnesses examined in criminal trials (N = 90). The assessment of legal credibility was found to be superficial: the courts invoke a low overall number of criteria to justify their judgments and, despite individual differences in testimony and eyewitnesses, tend to refer to only a small number of criteria. Numerous factors, which are connected with both the procedure and the eyewitnesses themselves, influence the legal assessment of eyewitness reliability. The analysis demonstrated that the assessment of legal credibility is subject to certain biases. The paper concludes by discussing the practical implications of the results and suggesting avenues for further research.
Słowa kluczowe
Credibility of eyewitness evidence; Legal credibility assessment; Eyewitness testimony; Judicial decision-making.