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Eyewitness Evidence

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Finally, to significantly reduce eyewitness error, the criminal justice system must view eyewitness evidence as a type of trace evidence.45 Like other types of trace evidence, such as fingerprints, DNA, and firearm patterns, eyewitness evidence has a physiological basis (i.e., biochemical changes in the eyewitness’s brain).46 Consequently, the accuracy of eyewitness testimony, like other types of trace evidence, depends in large part on the use of proper scientific procedures in collecting and preserving it. In short, before admitting eyewitness evidence, a judge should always first determine if valid scientific procedures were followed in producing it. If they were not followed, this failure should generally weigh heavily against admitting

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