Eyewitness credibility assessments in criminal proceedings: how much psychology is there in a legal task? Cover Image

Ocena wiarygodności zeznań naocznych świadków w postępowaniu karnym: jak wiele jest psychologii w ocenie prawnej?
Eyewitness credibility assessments in criminal proceedings: how much psychology is there in a legal task?

Author(s): Joanna Kabzińska, Michalina Szafrańska, Marcelina Jastrzębska
Subject(s): Criminal Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: Eyewitness credibility assessment; Eyewitness credibility; Eyewitness testimony

Summary/Abstract: This study aimed to investigate the legal credibility assessment of eyewitness testimonies in criminal proceedings, with particular attention to the criteria used by courts to assess eyewitness credibility and the factors that influence the number of criteria in the assessment. It also investigated whether judicial credibility assessment is subject to bias. We conducted a case record analysis of criminal cases (N = 381), wherein a total of 3210 eyewitnesses were interviewed at trial. The analysis revealed that legal credibility assessment seems superficial – courts evoke a small number of criteria to justify their judgments and tend to cite only a few despite individual differences in testimonies and eyewitnesses. The legal assessment of eyewitness credibility is influenced by numerous procedural and individual (for the eyewitnesses) factors; our analysis showed that this is subject to certain biases. The practical implications of these results are discussed along with avenues for future research.

  • Issue Year: 2024
  • Issue No: 140
  • Page Range: 311-333
  • Page Count: 23
  • Language: Polish
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