O rozpoznaniu przez świadka naocznego raz jeszcze. Studium przypadku niedoszłej pomyłki sądowej
Eyewitness Identification: A Case Study of a Miscarriage of Justice Narrowly Averted

Summary/Abstract: The annals of criminal law are rife with instances of mistaken eyewitness identification. Therefore, it is not surprising that eyewitness misidentification is generally acknowledged by scholars to be one of the most common contributors to wrongful convictions worldwide. Despite the fallibility of human memory and its vulnerability to inadvertent or deliberate influence, criminal investigators and judges tend to give substantial weight to eyewitness identifications. This article presents a detailed case study of a narrowly avoided miscarriage of justice. In the criminal case in question, eyewitness identification was the only evidence against the defendants; however, the conviction was almost certain. Fortunately, some unexpected pieces of evidence emerged during the trial and ultimately led to the acquittal of the defendants. The article outlines the key factors that can influence eyewitness memory and identification performance. The paper concludes by (1) arguing that human memory is prone to a variety of errors and biases. As a result, trial judges must be very meticulous while assessing the probative value of eyewitness identification evidence, and take into account various factors that could influence eyewitness memory or decision-making processes; (2) highlighting the importance of forensic education among legal professionals in preventing miscarriages of justice.

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