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16 S. Afr. J. Crim. Just. 137 (2003)
Perception and Memory: Implications for Eyewitness Testimony

handle is hein.journals/soafcrimj16 and id is 157 raw text is: Perception and memory: Implications for eyewitness testimony A VENTER*, DA LOUW** AND T VERSCHOOR*** ABSTRACT Eyewitness accounts often play a crucial role in solving a case in a court of law. The widely held belief in the 'ultimate accuracy' of human perception and memory however, is often without the necessary scientific substantiation. Consequently, it is not surprising that legal history is often tainted with tragic miscarriages of justice, which have resulted in financial ruin, loss of reputation, imprisonment and even execution. It is, therefore, regrettable that legal professionals and decision-makers have received 'almost no training' in the basic psychological processes of information processing. This article aims to provide professionals in the legal system with an overview of the role that perception and memory play in eyewitness testimony. Introduction The eyewitness information supplied by the victim of a crime is the most common form of witnessing and often the single most important determinant in whether a case will be solved in a court of law.' The fate of the accused often depends on other humans' eyewitness testimony, as innocent people might face the possibility of faulty imprisonment, financial ruin, and loss of reputation as a result of this testimony. A victim may also be dependent on witness accuracy; if a witness' testimony is not accepted, the victim may suffer from further exposure to the perpetrator, financial losses (through the rejection of insurance claims, court costs, or loss of revenue), or psychological trauma, while disillusionment with the legal system is inevitable. 2 As Samaha3 succinctly states: 'Faulty identifications present the * B luris MA Clinical Psychology (OFS), Lecturer at Vista University. This article originates from the author's doctoral thesis written at the Centre for Psychology and the Law, University of the Free State. PhD Psychology (Potch) PhD Criminology (Pretoria), Professor and Chair of the Department of Psychology and Head of the Centre for Psychology and the Law, Universitv of the Free State. B luris LLD (Pretoria) Vice-Rector, University of the Free State. 1 A Memon and D B Wright Factors influencing witness evidence (2000); J C Yuille and J L Cutshall 'A case study of eyewitness memory of a crime' (1986) 71(2) Journal of Applied Psychology 291; J C Brigham et al 'Accuracy of eyewitness identifications in a field setting' (1982) 42(4) Journal of Personality and Social Psychology 673. 2 G S Goodman et al 'Evaluating eyewitness testimony in adults and children' in A K Hess and I B Weiner (eds) The handbook offorensic psychology 2ed (1999) 218. 3 J Samaha Criminal Procedure (1990) 370.

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