Eyewitness identification evidence: Evaluating commonsense evaluations

Although eyewitness identifications are among the most common forms of evidence presented in criminal trials, both archival studies and psychological research suggest that eyewitnesses are frequently mistaken in their identifications (B. L. Cutler & S. D. Penrod, 1995), In recognition of this problem, the legal system has established a number of safeguards to protect defendants from erroneous convictions resulting from mistaken identifications. These safeguards are based on assumptions regarding attorney, judge, and juror commonsense knowledge. of the factors influencing eyewitness identification accuracy. This article addresses the validity of these assumptions by examining the role of commonsense knowledge in attorney, judge, and juror evaluations of eyewitness identification evidence. It concludes that, although these safeguards may not be as effective as the legal system intended them to be, there are a number of practices and policies that may be implemented to safeguard defendants further.