By Jonathan Vallano
This is a reponse to "Now you see it, now you don't".
This provocative blog raises more questions than answers regarding eyewitness testimony. What effects does eyewitness testimony have on legal decision-making (judges and jurors alike)? Is expert testimony on eyewitness evidence more probative and prejudicial when admitted at trial? Why do some states (albeit a minority of them) still prohibit expert testimony on eyewitness evidence, and is cross-examination an effective safeguard to point out the potential flaws of an eyewitness’s identification? While these are intriguing questions, I will narrow my focus on trial practice- specifically what attorneys know about and how they deal with eyewitness testimony.