Psychology Colloquium with Dr. Ian Fraser-FR

Event Details:

Dr. Ian Fraser, from St. Thomas University, will deliver a colloquium entitled "Does Eyewitness’ Fallibility Require Expert Testimony?" All are welcome and encouraged to attend!

Does Eyewitness’ Fallibility Require Expert Testimony?

In the seminal case of R. vs McIntosh (1997), Daniel Yarmey of Guelph University was set to give his expert opinion concerning the fallibility of eyewitness testimony. However, during the voir dire, the judge decided that the defence could not use Yarmey as an expert witness at the trial – a decision which was upheld by the Ontario court of appeal. In the ruling, appellate court judge Justice Finlayson wrote:

In my respectful opinion, the courts are overly eager to abdicate their fact-finding responsibilities to “experts” in the field of the behavioral sciences. We are too quick to say that a particular witness possesses special knowledge and experience going beyond that of the trier of fact without engaging in an analysis of the subject matter of that expertise.

Some legal writers, for example, Lee Stuesser of the University of Manitoba, concur with Justice Finlayson. Stuesser has argued that, if and when necessary, members of the judiciary within the courtroom can remind the trier(s) of fact of the fallibility of eyewitness memory and that employing an expert witness is, therefore, a waste of courts’ time and money. However, such arguments presuppose that a) the judicial players within the courtroom have a sufficient knowledge of the subject matter to be able to inform the trier(s) of fact appropriately and/or b) that the science behind the fallibility of memory is already within the experience of the trier(s) of fact.

My collaborators and I have tested various Canadian groups that are involved in the judicial process on their understanding of the behavioral science behind the fallibility of memory. Over the last six years, we have tested police officers, police officers in training, lawyers in training, criminal defence lawyers, civil litigation lawyers, prosecutors, judges, jurors, and potential jurors. Contrary to the arguments of those who would oppose such a move, the results have indicated that there is a need for expert witnesses in the courtroom.

Building: Keirstead Hall

Room Number: 105