When observations of photo arrays or lineups are involved, significant problems with reliability can arise. The court must first determine whether the photo array or procedure was impermissibly suggestive. In considering the suggestiveness of a photo array, for example, the court considers the size of the array, its manner of presentation by officers and the details of the photos themselves. The ImpactEffect of Eyewitness Testimony on Jurors Eyewitnesses are often wrong in their testimony. But often they are supremely confident of their identification choice.
Studies show that jurors tend to over believe eyewitnesses.
Jurors should be advised of the factors involved in eyewitness identification procedures to better enable them to evaluate the accuracy of eyewitness testimony. They need to know that certain factors are likely to lead to an inaccurate identification. They should be told of what an ideal, reliable investigation process would have been in the situation, and they should then be encouraged to compare the proper procedure to any suggestive procedure actually used. We should encourage jurors to rely upon their own judgment rather than that of the eyewitness who testified before them. Unfortunately, many courts still preclude the defense from calling a psychological expert witness to adequately inform the jury of the principles involved in and factors influencing eyewitness testimony.