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Law, Probability and Risk 2003 2(4):295-303; doi:10.1093/lpr/2.4.295
© 2003 by Oxford University Press
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The admissibility of expert testimony about cognitive science research on eyewitness identification

Edward Stein1

1 Associate Professor of Law, Cardozo School of Law, Yeshiva University, 55 Fifth Ave., New York, NY, USA

Eyewitness identifications are important to jurors, especially in criminal trials. Psychological research has shown, however, that eyewitness testimony is systematically fallible in ways that undermine the goals of the rules of evidence. This article assesses the arguments for and against admitting expert testimony concerning cognitive science research about eyewitness identification. The article concludes that experts should in many instances be allowed to testify about the problems with eyewitness identification testimony.

Keywords: eyewitness identification; expert testimony; admissibility; evidence; psychological research

Received 8 June 2003. Revised 20 Auguest 2003. Accepted 3 October.


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