Tuesday, March 15, 2005

Witness testimony

Today I witnessed a crime. It was a minor crime, but I think it is instructive to me as to witness testimony.

I was walking to my car, and I take the stairs rather than the elevator because the elevator is the slowest one on earth. When I opened the door to the stairs, there were two people (a man and a woman) sitting on the top step, preventing me from passing. I noticed that the had a bunch of stuff strewn about, and that the man had a hypodermic needle stuck in something. I was surprised to see them, and they were clearly surprised to be interrupted. The man quickly stood up, and I passed by. I recall that the woman gave a long sniffle. I passed within 6 inches of both, and said "excuse me." I considered right after I passed telling them that it is 5 o'clock, and they will have about one hundred people pass by shortly.

As I sit here now, I can recall that they were both thin, and I think they had dark hair and were white. I have no idea what they were wearing or how old they were, or what they looked like. I could not testify with any certainty as to what I saw, nor really describe the needle. I might have stepped on their drugs, if that is what it was.

I know that "eyewitness" testimony is one of the least reliable types of evidence in trial, but I think this is my first real experience with what we expect of witnesses. I knew immediately after passing them what I thought I saw and tried to remember, but I could not swear to anything in court.

I think this is one of the reasons that I am against the death penalty, because even when someone "sees" the accused, I don't think it is trustworthy testimony.

1 Comments:

At 9:18 PM, Anonymous Anonymous said...

Your experience is not unusual. According to studies done by the US Attorney General's office, eyewitness testimony was the primary factor in over 60% of the first group of convictions that were eventually wiped out because of DNA evidence.

 

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