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Expert Testimony on the Psychology of Eyewitness Identification$
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Brian L. Cutler

Print publication date: 2009

Print ISBN-13: 9780195331974

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780195331974.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 07 December 2021

Expert Psychology Testimony on Eyewitness Identification: Consensus Among Experts?

Expert Psychology Testimony on Eyewitness Identification: Consensus Among Experts?

Chapter:
(p.143) 7 Expert Psychology Testimony on Eyewitness Identification: Consensus Among Experts?
Source:
Expert Testimony on the Psychology of Eyewitness Identification
Author(s):

Harmon M. Hosch

Kevin W. Jolly

Larissa A. Schmersal

Brooke A. Smith

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195331974.003.007

A criterion a judge uses to decide whether to admit expert psychology testimony in a court of law will be whether there is a consensus among experts as to the facts of the testimony the expert will offer. The Frye rule and the Daubert v. Merrill Dow Pharmaceuticals case decisions are the fundamental legal precedents in these situations. Specifically, the judge must determine whether the expert's theories or methods are generally accepted within the expert's scientific community. This chapter discusses the meaning of expert consensus, the history of the court decisions that have led to this criterion, the empirical psychological literature that addresses the issue, the published critiques that qualify the results of the empirical research studies and additional criteria that lend credence to the conclusion that there is general acceptance about many factors that influence identifications.

Keywords:   general acceptance, expert testimony, eyewitness identification, Frye rule, Daubert

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