A Tripartite Solution to Eyewitness Error

Based on over thirty years of extensive scientific research on eyewitness testimony, we have developed a comprehensive, practical solution to eyewitness error, which we present in this article. Our tripartite solution to eyewitness error consists of the following components: (1) Permitting expert testimony when the primary or sole evidence against the defendant is eyewitness testimony; (2) Improving procedures for collecting eyewitness evidence by conducting eyewitness interviews and identification procedures in a manner consistent with best practices identified by scientific research in the field; and (3) Educating the principal participants in the criminal justice system about eyewitness testimony to sensitize them to the effects of eyewitness factors. The tripartite solution provides judges, attorneys, law officers, and jurors with a conceptual framework for understanding and evaluating eyewitness testimony and gives practical suggestions in the form of ten guidelines for attorneys to use when either supporting or attacking the reliability of eyewitness testimony. The article also serves as a blueprint for the reforms that the criminal justice system must institute to significantly reduce eyewitness error. Finally, the article explains why procedural due process requires the adoption of the tripartite solution.