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The reliability of witnesses : a psycho-legal analysis

Dissertation (LLM (Procedural Law))--University of Pretoria, 2022.

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Other Authors: Grobler, Chazanne
Format: Thesis
Language:English
Published: University of Pretoria 2023
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access_status_str Open Access
author2 Grobler, Chazanne
author_browse Grobler, Chazanne
author_facet Grobler, Chazanne
collection Thesis
dc_rights_str_mv © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Dissertation (LLM (Procedural Law))--University of Pretoria, 2022.
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institution University of Pretoria (South Africa)
language English
last_indexed 2026-06-10T12:39:49.604Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2023
publishDateRange 2023
publishDateSort 2023
publisher University of Pretoria
publisherStr University of Pretoria
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spelling oai:repository.up.ac.za:2263/89954 The reliability of witnesses : a psycho-legal analysis Grobler, Chazanne michele.c.duncan@gmail.com Duncan, Michéle Caroline Eyewitness testimony Memory science Witness evidence Eyewitness reliability Psychological eyewitness research UCTD Dissertation (LLM (Procedural Law))--University of Pretoria, 2022. In this psycho-legal analysis, the focus is placed on the reliability of eyewitnesses, being the honest, unintentional errors made by witnesses resulting from the effects of various factors which influence the accuracy of memory. These factors are categorised as estimator or system variables. Estimator variables are those which cannot be controlled and the impact these variables may have on a witness can only be estimated. These variables are subcategorised as those which relate to the characteristics of the event, witness or accused. System variables relate to those factors over which the role-players in the justice system have some form of control and are subcategorised between retention interval and time variables. Both types of variables make an appearance during the perception, retention, and retrieval stages of memory. At the perception stage, the accuracy of the witness’s observation is determined by event and witness factors. Memory in the retention stage is influenced by the events that take place after the event has been observed until the event is communicated by the witness at the recall stage. It is argued that recognition and knowledge of applied eyewitness research by fact-finders, law enforcement and legal practitioners is necessitated to ensure the expeditious and fair disposal of matters while minimising the risk of false convictions brought on by witness misidentifications. The use of eyewitness evidence will never be eliminated from the justice system, and so the proper understanding and application of applied eyewitness research will always remain relevant and indispensable. Procedural Law LLM (Procedural Law) Unrestricted 2023-03-03T13:06:16Z 2023-03-03T13:06:16Z 2023-05-15 2022 Dissertation * A2023 https://repository.up.ac.za/handle/2263/89954 en © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle Eyewitness testimony
Memory science
Witness evidence
Eyewitness reliability
Psychological eyewitness research
UCTD
The reliability of witnesses : a psycho-legal analysis
title The reliability of witnesses : a psycho-legal analysis
title_full The reliability of witnesses : a psycho-legal analysis
title_fullStr The reliability of witnesses : a psycho-legal analysis
title_full_unstemmed The reliability of witnesses : a psycho-legal analysis
title_short The reliability of witnesses : a psycho-legal analysis
title_sort reliability of witnesses a psycho legal analysis
topic Eyewitness testimony
Memory science
Witness evidence
Eyewitness reliability
Psychological eyewitness research
UCTD
url https://repository.up.ac.za/handle/2263/89954