Abstract

The emerging realisation that identification of an eyewitness evidence is just not as trustworthy as it once was formerly thought being is among the most significant outcomes of utilising postconviction DNA testing in the legal system for crimes. In 75 percent of US DNA exonerations, incorrect witness identifications served as the main justification for erroneous convictions. Despite advancements in science concerning Courts have not shown how human memory and other factors can affect eyewitness identifications a strong inclination to employ this scientific understanding when making decisions on cases. Two scenarios have been chosen for consideration in this article. The New Jersey Supreme Court was the first in State and Federal jurisdictions in the US to rule in S v. Henderson 27 A 3d 872 (NJ 2011) that evaluated eyewitness testimony using a science-based methodology. Another case being discussed is S v. Mdlongwa 2010 2 SACR 419 (SCA), a ruling by the Appellate Court of South Africa, where the offender was found using the testimony of an expert on CCTV footage and an eyewitness narrative. The research findings on estimator variables recognised in S v. Henderson are covered in part one of this article. The purpose of part two is to examine S v. Mdlongwa in particular to ascertain the degree which the results of psychological study on eyewitness reliability are acknowledged in South Africa. The Henderson court recognised that the laws controlling the use and admissibility of identifying the results of numerous social science studies were far behind the evidence. Additional State courts across the US have taken note of the new wave that S v. Henderson introduced. For instance, The members of the Supreme Court in Massachusetts organised an eyewitness evidence study group and the report that came out of it suggested, among other things, that judges be made aware of contemporary psychological concepts, that guidelines for identifying eyewitnesses to the jury be updated, and that judges and attorneys should continue their education. In South Africa, these aspects may and must to be acknowledged and taught about.

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