2.4: Eyewitness testimony (EWT)

Question 1

Roland has been in court accused of causing a car crash by driving too fast.
Witnesses to the crash questioned by the lawyer defending Roland recalled Roland driving at a lower speed than those witnesses questioned by the prosecuting lawyer.

Explain by reference to factors affecting the accuracy of eyewitness testimony why witnesses to Roland’s car crash recalled him driving at different speeds (4 marks)

Answer 1

Witnesses may have recalled Roland’s speed as different, because a lawyer may have asked misleading questions that suggested a desired answer

Question 2

Roland has been in court accused of causing a car crash by driving too fast.
Witnesses to the crash questioned by the lawyer defending Roland recalled Roland driving at a lower speed than those witnesses questioned by the prosecuting lawyer.

Explain by reference to factors affecting the accuracy of eyewitness testimony why witnesses to Roland’s car crash recalled him driving at different speeds (4 marks).
Witnesses may have recalled Roland’s speed as different, because a lawyer may have asked misleading questions that suggested a desired answer.
Example

Answer 2

For example, if a lawyer wanted to infer that Roland was driving too fast they may have asked, ‘How fast was Roland driving when his car smashed into the other car?’

Question 3

Roland has been in court accused of causing a car crash by driving too fast.
Witnesses to the crash questioned by the lawyer defending Roland recalled Roland driving at a lower speed than those witnesses questioned by the prosecuting lawyer.

Explain by reference to factors affecting the accuracy of eyewitness testimony why witnesses to Roland’s car crash recalled him driving at different speeds (4 marks).
Witnesses may have recalled Roland’s speed as different, because a lawyer may have asked misleading questions that suggested a desired answer.
For example, if a lawyer wanted to infer that Roland was driving too fast they may have asked, ‘How fast was Roland driving when his car smashed into the other car?’
What would this suggest?

Answer 3

This would suggest to the witness that the speed was higher than if the lawyer had asked, ‘How fast was Roland driving when his car made contact with the other car?’