Addressing False Eyewitness Testimony in the Courtroom

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.

Learning Objectives:

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