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Author Topic:   reliability of eye-witness accounts
Faith 
Suspended Member (Idle past 1474 days)
Posts: 35298
From: Nevada, USA
Joined: 10-06-2001


Message 10 of 97 (189148)
02-28-2005 9:41 AM
Reply to: Message 1 by nator
02-27-2005 2:18 PM


The rule of 2 or more witnesses is valid
Found this thread finally. Here's the answer I started over at the Islam vs. Christianity thread.
quote:
...witnesses have historically been counted as evidence by courts, the more the better. Maybe no longer, maybe we've degenerated to the point that such standards are meaningless.
...if the DNA of someone identified by a witness, or many witnesses, as being the perpetrator of a crime does not match the DNA gathered at the crime scene, would you ignore the DNA evidence in favor of the witness accounts?
Of course not. The point was only that many witnesses are better than one, for that very reason, that one witness may not be reliable. A number of witnesses rarely all agree with each other on all points, but from the multiple testimonies you can construct a better likelihood of the reality than with one. This is also why we have twelve jurors in a criminal case, the more the better for the sake of justice.
Besides being wrong, witnesses may lie, and it's also possible for multiple witnesses to lie, as they did in the trial of Jesus Christ. But in that case DNA couldn't prove whether he claimed he was going to destroy and raise the temple or not, now could it? In other words, some cases can't be decided by any means OTHER than witnesses.
There have been many cases of people being exonerated by DNA evidence even though the witnesses are ABSOLUTELY POSITIVE that they correctly identified their rapist or mugger.
Again, such unreliability is implied in the Biblical requirement of two or more. But in this case you're talking about what are usually single-witness situations that need corroborating evidence in any case.
IN other words, DNA evidence changes nothing about the Biblical rule. It's a great tool that wasn't available to previous generations, but it doesn't change the fact that three witnesses are better than one in a situation where all you have is witness evidence. DNA may disqualify some witnesses and agree with others in any case -- witnesses are not ALWAYS wrong after all.
This message has been edited by Faith, 02-28-2005 09:42 AM
This message has been edited by Faith, 02-28-2005 09:43 AM

This message is a reply to:
 Message 1 by nator, posted 02-27-2005 2:18 PM nator has replied

Replies to this message:
 Message 11 by nator, posted 02-28-2005 11:40 AM Faith has replied

  
Faith 
Suspended Member (Idle past 1474 days)
Posts: 35298
From: Nevada, USA
Joined: 10-06-2001


Message 12 of 97 (189206)
02-28-2005 12:34 PM
Reply to: Message 11 by nator
02-28-2005 11:40 AM


Re: The rule of 2 or more witnesses is valid
quote:
Also, multiple witness reports are only more reliable than single reports inasmuch as each witness does not talk to each other, the interviewer does not ask them leading or biased questions, etc.
Of course. Or the kind of situation when only Palestinians witness to the actions of the Israelis or vice versa.
quote:
Many dozens of independent witnesses gave consistent testimony of the "monkey man" in India, and the Loch Ness Monster in Scotland, but there's not a shred of evidence to suggest that either is real.
DNA is certainly not going to help in those cases either.
quote:
Besides being wrong, witnesses may lie, and it's also possible for multiple witnesses to lie, as they did in the trial of Jesus Christ.
Yes, they did lie in that story, and in real trials it is certainly possible for all the participants to lie.
...which means that you have contradicted your original point; that multiple witnesses should be taken as reliable evidence of an event.
No, what I said was that multiple witnesses are better than one witness, and that this was the standard given in the Bible, and that has remained true despite everything you've said. Nobody said it was foolproof, certainly not I as I have volunteered the examples where a whole bevy of witnesses may lie. You have misattributed the idea of total reliability to me.
quote:
But in that case DNA couldn't prove whether he claimed he was going to destroy and raise the temple or not, now could it? In other words, some cases can't be decided by any means OTHER than witnesses.
Look, either you are talking about Bible stories, OR you are talking about our modern criminal justice system.
Any testimony about what another person said can't be decided by any means OTHER than witnesses (except surveillance equipment of course but I hope we haven't reached the point where every word everyone says is caught on tape), and certainly such situations exist in our modern criminal justice system as well as in Biblical times.
quote:
In our modern times, unless there is good physical, forensic evidence, people suspected of crimes are often not prosecuted due to insufficient evidence.
Yes, this is kind of what I was getting at about our degenerated times where witnesses are either less trustworthy or less trusted and the wisdom it takes to determine trustworthiness seems to be in shorter supply, but that's just my own private musing.
quote:
There have been many cases of people being exonerated by DNA evidence even though the witnesses are ABSOLUTELY POSITIVE that they correctly identified their rapist or mugger.
-----
Again, such unreliability is implied in the Biblical requirement of two or more.
-----
...except it assumes that witnesses are reliable at all (they are demonstrated to be very unreliable), and makes no mention of physical evidence being more reliable, or important at all.
Yes it does assume that witnesses CAN be reliable, and to assume the opposite, that they are always UNreliable, which seems to be the current position, or at least your position, is awfully cynical and strange too. If nobody is to be trusted at all, civilization might as well give up.
quote:
IN other words, DNA evidence changes nothing about the Biblical rule. It's a great tool that wasn't available to previous generations, but it doesn't change the fact that three witnesses are better than one in a situation where all you have is witness evidence. DNA may disqualify some witnesses and agree with others in any case -- witnesses are not ALWAYS wrong after all.
----------
But if ALL you have is witness evidence, it is unlikely that you really have a good grasp of what happened, and I certainly wouldn't want to make a decision about someone's future based upon only that.
I would venture the guess that if this had always been the attitude, no legal system could ever have arisen in the entire world until modern forensics came about, as witnesses have always been the mainstay of law.

This message is a reply to:
 Message 11 by nator, posted 02-28-2005 11:40 AM nator has replied

Replies to this message:
 Message 13 by pink sasquatch, posted 02-28-2005 12:56 PM Faith has not replied
 Message 14 by nator, posted 02-28-2005 1:01 PM Faith has replied

  
Faith 
Suspended Member (Idle past 1474 days)
Posts: 35298
From: Nevada, USA
Joined: 10-06-2001


Message 15 of 97 (189228)
02-28-2005 2:07 PM
Reply to: Message 14 by nator
02-28-2005 1:01 PM


Re: The rule of 2 or more witnesses is valid
quote:
No, the point is that eyewitness testimony is always less reliable and likely always has been.
This is because of the way the human brain deals with memory. Like I said, memory does not work as a video tape, but as a reconstruction which is highly suceptable to suggestion and manipulation and error.
If we put much more emphasis upon forensic and physical evidence and much less upon eyewitness accounts is a sign that we are moving towards a more just and rational way of investigating crimes.
Maybe, or it could mean that we are degenerating morally overall so that witness integrity is actually less reliable than it used to be and it's a good thing we have sophisticated forensics. Not something that could be proved but something I suspect may be the case. One of those private musings again.
quote:
Yes it does assume that witnesses CAN be reliable, and to assume the opposite, that they are always UNreliable, which seems to be the current position, or at least your position, is awfully cynical and strange too. If nobody is to be trusted at all, civilization might as well give up.
-------
It's not about being "trustworthy" in the sense of being honest.
Most people do report what they saw or heard in a completely truthful way.
It's about the nature of memory.
Memory is "good enough" to be useful in daily life, but it is demonstrated to be very unreliable in reconstructing specific events accurately, especially when confusion or heightened emotions or personal biases are at play.
This is where personal integrity plays a big part though. If people's judgments of what they witnessed are as easily swayed as some of these studies show, I think that is about integrity more than anything natural about memory. I think people today have less solid standards of honesty so that emotions and biases and external influences more easily compromise their view of things. Now don't totalize what I'm saying here. This is another personal musing on a possible trend, just something I think may be the case that would be just about impossible to prove.
quote:
I would venture the guess that if this had always been the attitude, no legal system could ever have arisen in the entire world until modern forensics came about, as witnesses have always been the mainstay of law.
Obviously this is not the case.
Physical evidence has always been believed.
If a witness sees Nigel carrying a goat with Omar's brand on it, and then the goat is found in Nigel's herd with an alteration to it's brand that is fresh, this represents lots of physical evidence which corroborates the eyewitness account.
Of course physical evidence has a part when it's available, but it isn't always. Would you be less like to cavil and object if I hadn't said "mainstay" (which is not synonymous with "only kind of evidence" by the way), but something vaguer like "an important part of" the law? "Mainstay" doesn't rule out other kinds of evidence.
quote:
The point is, isn't it great that we live in these enlightened times where we have a greater understanding of how memory works, so we are able to take it into account, and recognize our own falability?
Sure, but the Biblical standard DOES take into account human fallibility, that's the whole point of requiring more than one witness. You have been challenging this very simple obvious statement but that simple obvious statement still stands.
This message has been edited by Faith, 02-28-2005 14:09 AM

This message is a reply to:
 Message 14 by nator, posted 02-28-2005 1:01 PM nator has replied

Replies to this message:
 Message 16 by CK, posted 02-28-2005 2:13 PM Faith has not replied
 Message 21 by ohnhai, posted 02-28-2005 6:04 PM Faith has not replied
 Message 42 by nator, posted 03-01-2005 5:32 PM Faith has not replied

  
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