In May, 2015 a suspect that attacked an NYPD officer with a hammer was shot by police in the middle of the day, on a crowded NYC street. There were many eyewitnesses to the incident. Almost all of the witness reports were incorrect. Several people inaccurately reported that the police officers shot an unarmed man while he was on the ground and handcuffed. The incident was recorded on surveillance video which documents that the suspect attacked one of the officers with a hammer and that officer's partner shot the man. Why is eyewitness memory flawed? How can attorneys use psychology to explore and explain issues common to eyewitness testimony throughout trial? This presentation explores the psychology of memory and techniques specific to addressing these issues starting with jury selection. Particular attention is paid to difficult witnesses including children, the elderly, and victims of sexual assault.
I. Understand the psychology concepts and principles surrounding eyewitness accounts and memory
II. Apply principles of psychology to effective jury selection
III. Refine cross examination questioning to address police technique flaws in lineups, interrogation, and investigation
IV. Understand New Jersey’s approach to jury instructions addressing principles of psychology
V. Formulate proposed jury instructions to address common principles of psychology for use in other states
VI. Apply witness memory techniques to depositions and throughout the discovery process
Florina Altshiler is a litigation attorney specializing in labor law and premise liability matters. Her practice also includes medical malpractice and general negligence law. Previously, Ms. Altshiler worked as an Assistant District Attorney for the State of Alaska where she handled the prosecution of the highest-level felonies including homicides, sexual assaults and violent felonies through jury trial. She has prosecuted over twenty cases through jury verdict. Prior to working as a prosecutor, Ms. Altshiler honed her litigation skills at nationally recognized law firms in New York City for seven years. She has significant experience in the areas of complex medical malpractice, premises liability and construction accident litigation.
Ms. Altshiler is the managing attorney for the firm’s Buffalo, NY office.
Ms. Altshiler is a natural trial lawyer and an extremely gifted cross-examiner. I say this on the eve of my 50th anniversary as a trial lawyer. Please convey my compliments to this young lawyer, who I would want at my side in any trial. Michael J. Levin
very clear and helpful
Very detailed and informative
Presenter packed in lots of great info - highly recommend this course
Great research tool Great suggestions on cross with ID cases
Clear and effective instructor. She has a passion for her subject, which is good.
The presenter was lively and did and good presentation.
Excellent content, excellent presenter!
Extremely useful in terms of preparing cross-examination questions and possible jury instructions and expert testimony regarding eyewitness mistakes
Very interesting presentation.
This presentation was excellent. It was filled with helpful and interesting subject matter and great questioning techniques for use at trial and in pre-trial. Thank you very much for a great presentation.
Loved the good examples and colorful deck, thanks
Powerful fact of memory and its deficits and good presentation of it.
Excellent Speaker! Definitely an attention-grabbing presentation!
Excellent course, both in substance and presentation.
Very very interesting and well presented.
Excellent program. Very helpful in tactfully deconstructing false eyewitness testimony.
Fabulous presenter. I hope she does many more presentations.
Very good, very interesting presentation.
Excellent and compelling speaker. Provided great practice tips on addressing this issue in trial.
a must for all trial lawyers
Excellent presenter -- really appreciate how well she knows the subject matter and how clearly she speaks.
Nicely presented content
Good and practical info, nice real-world examples.
Entertaining and educational.
Very informative and good refresher on some fundamentals
This speaker and the topic were particularly good.
Would love seeing this lawyer during trial.
Interesting and informative. I enjoyed it.
Excellent speaker, easy to follow.
She was terrific!
Very good presentation!
Absolutely superb speaker and video---best analysis of how to analyze the reliability of eyewitness testimony I have ever heard.
Outstanding cross examination overview!
Excellent - thank you!
Excellent and informative !
Another excellent presenter. She was prepared, knowledgeable and presented the information in a fashion that was understandable, memorable and extremely helpful.
I particularly liked how engaging the presenter was.
Exceptionally good presentation
Good, thoughtful presentation.
really interesting and informative
Very interesting and applicable to situations outside the courtroom.
This was extremely informative. A few points I watched a few times since it was interesting. Thanks for a great course!
One of the best presenters I've seen on lawline
Informative and interesting. Well done!
good grasp of the material by presenter
Very informative! Really got me thinking!
She was outstanding !!!!!!!!!!!!!!!!!!!
Great presentation by a presenter with a full command of the subject matter. Very applicable to my practice. Thanks!
detailed, effective presentation...easy to watch
Outstanding. Should be required viewing for every trial lawyer.
Great discussion of "confirmation bias" and the intrinsic unreliability of eye witness observation under stress.
Thank you for this intellectually stimulating presentation. Social and emotional factors create deeper results than logic and memory, and you have pinpointed those factors.
interesting and well done
a superb presentation
One of the more interesting CLE videos
Excellent! Florina gave a terrific presentation with great slides. I am extremely impressed.
Probably the best CLE I've taken from Lawline.
Extremely interesting and very well presented.
excellent organization and presentation, very professional
EXCELLENT! The instructor was very thorough. She addressed investigation, jury selection, cross examination and jury instructions. The Hammer Case, Cotton Case and the monkey test were great illustrations of false identification. Bravo!
The presenter was excellent. Very engaging and informative.
This presentation was simply excellent! I learned new things all the way through it.
This was one of the unexpectedly best programs I've seen...speaker was terrific.
The instructor was excellent.
Excellent presentation! Thank you.
The speaker was thoroughly familiar with the course materials and presented numerous examples of the points she was making. She emphasized the importance of asking detailed questions to minimize the risk that a witness or a potential juror will be affected by biases, social influences, and the normal frailties of memory that may prejudice the attorney's client.
great video session
very nicely presented
What a wonderfully descriptive, common-sensical approach!
Very good presentation of important considerations related to issues of memory, perception and biases.
One of the best CLE courses that I have seen on LawLine.
This presenter was really good.
This was a good lecture and has value across practice areas. The lecturer did a great job of organizing and presenting this information.
Definitely one of the more generally useful ones.
What a great presenter! This presentation included useful broad strokes, guiding principles, and excellent details.
Great Presentation. One of the best so far.
Good presentation and pace. Eye witness testimony can be notoriously bad.
Good, thorough practical information
Very good presentation. I enjoyed the topic.
Perhaps the best program I have seen on LawLine
Excellent speaker; fascinating topic.
Good course. Much will apply to civil cases as well.
Very interesting points and insight.
Great presentation!! Concise. Energized.
Instructor was most excellent.
well done, effective and thought provoking
This was one of the best online courses I've taken. Great presenter, great material. Very thorough yet concise. Well done.
Best CLE. Great presenter.
This was extremely helpful and informative. One of the best CLEs I have seen so far.
I thought the speaker did a great job with the subject
good material on confirmation bias and race
Excellent program, very well presented
This was an incredibly instructive presentation. This woman was excellent. Thank you.
One of the best I've seen on Lawline. Maybe more on whether expert testimony will be admissible on these matters?
I liked the presenters use of case study
Informative - thought provoking - well-done
Excellent presentation. Extremely interesting and probative.
Totally great presentation..!!
Instructor provided good issues to raise during wade hearings.
Excellent presentation and speaker. Very interesting subject well presented.
very good course
Very informative. Thank you!
In my opinion this was a well[put together law course. Thank you.
Great mix of science and practical application in the legal system. Speaker also very effective. Hope y'all will use her again.
The attorney was great, entertaining and knowledgeable.
Such an interesting and engaging presentation! I enjoyed it very much!
Outstanding presentation. Should be law school curriculum. The presenter was wonderful.
This was a very interesting, useful, an well presented lecture.
This was a great presentation, not only the content but speaker was engaging and knowledgeable.
Presenter was very knowledgeable and clear.
The best overall presentation I have seen.
Great discussion of Eyewitness False Testimony
Fantastic content. The title misleadingly concealed the focus on cognitive psychology and its applicability to law. What a nice surprise!
Extremely excellent presentation. Speaker was knowledgeable and easy to listen to. Very well done.
A genuinely interesting presentation that includes practical application advice.
really enjoyed this speaker
The presentation was very effective, thought provoking, informative and interesting.
Eye opening into how we sometimes forget to probe into human error. G
Very good presentation
Presenter very good and effective.
Forceful, enthusiastic and insightful
My extensive trial experience confirms the many good points made.
Engaging speaker, comprehensive presentation.
Excellent speaker and presentation
Excellent presenter! Great information!
This has enhanced my cross examination techniques
Fascinating class with a knowledgeable and passionate lecturer. Tx for the information, insight and techniques.
Speaker was excellent! I do not practice criminal law but speaker made the seminar very interesting and informative.
This is a very informative course.
Outstanding Presentation. Subject matter and speaker were excellent
Interesting program! Very knowledgeable speaker! Helpful information!
She is excellent the program is outstanding. No technical problems. Learned and enjoyed the course so much.
Really interesting. She did a great job with examples to explain biases Highly recommend
The best speaker so far.
Engaging and useful program.
As much a fascinating discussion of cognitive psychology as law. Entertaining and informative.
This is by far the best seminar I've listened to in my 10+ years as an attorney.
Very very interesting topic. And very thought provoking, especially in terms of recent use of phones to re Ors in indents and eye witnesses filling in the otherwise barely discernible action/events that transpired.
Very interesting and well presented. Highly recommend this seminar.
excellent presenter, among the best in the CLE program that I have seen
very thought provoking
Very informative and well presented!!
Excellent detail in suggested questions to ask witnesses so really discover biases and incomplete memories.
The speaker was excellent!!!!
Valuable training for all lawyers
Presenter had excellent ability to convey with the audience.
I appreciated the speaker's repetitive instruction to some listener's to Always Check for your clients the climate, attitude and current state-of-mind of the eyewitness. Useful.
Very Good Instructor
unbiased professional, well organized presentation
Excellent delivery by the speaker. Thorough introduction to this topic.
Great Program. Terrific presenter
Fascinating and informative.
Very good speaker.
Very good program!
Very interesting info
Excellent presentation. Well spoken attorney who is familiar with witness testimony issues.
This was great; packed with solid information. Well done.
Enjoyable and informative presentation.
I especially like this presenter. She is informative, clear and concise.
Nice presentation. Very interesting.
Excellent presentation of an important topic.
I wish I could give a higher faculty score for this course!
Speaker was really good. Can tell she's an excellent litigation attorney.
Her CLE was excellent. One of the best I've watched in 10 years.
love the instructor!
Very interesting course!!!
Very good presentation, excellent written materials
One of the most engaging speakers I have watched on Lawline.
Succinct, interesting, knowledgeable.
W-O-W! Hands down, best CLE ever, and I have been a criminal defense attorney for 30 years. Content-10 Speaker-10.
An outstanding and well organized presentation.
I liked that fact that Florina emphasized that a defense attorney must be very aggressive in using cross examination to attack and to weaken eye witness testimony.
Very interesting and informative seminar
Great Class! Well done!!
I don't have a criminal practice, but still found this interesting & timely.
One of the best presentations I've seen. It was great technique to get the viewers involved with a video. Great job!
I took this course because the subject matter interested me, but it far exceeded my expectations - the materials were illustrative and the instructor highly engaging and effective.
well done! great information!
Wow, this was much better than I anticipated. The presenter did an outstanding job!
Good presentation-- public (and some lawyers) inclined to think eyewitness testimony is the most reliable evidence, while it is often the most unreliable.
Excellent presentation and practical examples.
Atty. Altshiler is one of your best Presenters. I wish she had been an LA County Dep. DA
Very interesting presentation. Though I don't practice criminal law, I found the concepts of great interest and of potential application in civil litigation.
This was just an outstanding course. Thanks.
Interesting, fact based lecture that covered a good amount of the topic areas, and provided valuable information.
Excellent information for civil matters, too.
Use of slide show with sample jury instructions from several states was great to substantively show progress in law--from one in state where such instructions are not commonly given and need to be argued for.
Great questioning tips
Very good speaker. Interesting points on confirmation bias.
This was a really good course
She is great!!
One of the most interesting and best courses I have taken!
I really enjoyed this presenter. She was clear, concise, and thought provoking. Thanks!
This was an outstanding course presentation.
one of the best ever. Thank-you.
Excellent program on a nice narrow issue of great importance to trial attorneys.
Great course. Thank you.
Excellent speaker and topic. Very thorough.
Great lecturer. One of the best I've ever listened to over many years.
Excellent coverage of important issues.
By far the most interesting CLE I've done in a long time. Great presentation of a really fascinating and important topic.
Very good presentation. Excellent topic and excellent presenter.
Extremely interesting and very helpful.
One of the best presentations that I have scene on a crucial subject.
Helpful examples. Good flow.
Might be the best course I ever watched
Really interesting and practical approach!
Very good course.
This was an extremely informative program that was presented very well.
very good information
Very interesting and logical.
I thought the presenter did an excellent job. She held my attention throughout. I found the topic very interesting.
Excellent program, superbly presented. Highly recommended.
This is an excellent presentation, and is increasingly relevant as video becomes more ubiquitous. Eyewitnesses may (subconsciously) change their account to match the video.
interesting and informative
Excellent presentation and content. Would have appreciated more time for this presentation.
VERY, VERY GOOD AND INFORMATIVE WELL PRESENTED
Very good presentation. Practical and insightful.
Best CLE in all of my experiences with LAWLINE or any other.
Excellent presentation of material!
The presenter was energetic and engaging. She presented the materials in a realistic and meaningful way. Excellent
Great course on eye witness accounts.
very thorough and well organized
Great speaker with valuable insights and compelling delivery! Invite her back without fail.
Extremely valuable presentation
Very good presenter.
Great presentation and presenter. Although the examples were from criminal law, I can use these techniques in civil practice as well.
Great topic and presentation.
Speaker was great
A really solid and informative presentation.
Great presentation - basic, practical tips.
Very, very good.
One of the best CLE courses I have viewed on Lawline. Superb presentation of a very important area.
Presentation was excellent, have had personal experience with false eye witness testimony
The presenter was a very effective speaker, and she prepared the class as thoroughly as any I have attended. I really got something new and enlightening out of this.
Thank you for a thorough and clear presentation.
The subject matter was interesting and the slides were very detailed.
Presenter was very engaging.