Knowledge of Eyewitness Identification Issues: Survey of Public Defenders in New South Wales

Abstract

Under the Evidence Act (Cth, 1995, NSW, 1995, Tas, 2001) the admissibility of expert evidence is determined not only by the qualifications and experience of the expert, but also by the probative value of the testimony itself. These criteria often serve to preclude an eyewitness expert from appearing in court, thereby leaving legal professionals to challenge the reliability of eyewitness identifications themselves. Little is currently known, however, about the knowledge and opinions of legal professionals, in particular public defenders, on eyewitness identification issues. The present study surveys an opportunity sample of Australian legal practitioners, using a modified version of the questionnaire developed by Kassin, Ellsworth, and Smith (1989) in order to compare respondents' answers with those of eyewitness experts. The results of the present survey are encouraging, with public defenders showing both high levels of agreement among themselves, and a consensus with experts on the majority of eyewitness issues. In light of these findings we suggest that further research should be undertaken to investigate the relative impacts of judicial instruction and expert evidence on eyewitness issues.