What are the flaws of eyewitness testimony? Can we rely on it? And, how does it intersect with cognitive science?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Jules Epstein, of Temple’s Beasley Law School, to discuss eyewitness testimony. A professor of law and the Director of Advocacy Programs at Temple, Jules is an expert in today’s topic, with his research focusing on criminal law and procedure, evidence, trial advocacy, Pennsylvania Criminal Law and procedure, the death penalty, and forensic science. In today’s episode, Aaron and Jules discuss the idea of eyewitness testimony in criminal cases, the science behind it, and the questions of whether or not it is reliable.

Can we trust what we see? Do we always remember things as clearly as we think we do? In today’s conversation, Jules breaks down some of the biggest reasons why eye witness testimony can be flawed, including the idea of ‘contaminated memory’. Aaron and Jules talk about the impact of developing sciences, such as DNA, and the effects they can have, as well as the role juries play in deciding and interpreting eyewitness testimony. Jules and Aaron discuss a recent case in which an innocent man was freed in Philadelphia after being wrongly convicted 27 years ago and Jules explains the significance that recreating the crime can have in assessing the risk of an eyewitness’ testimony. Aaron and Jules consider racial bias, super rememberers, estimator and system variables, and more throughout the conversation.  

A graduate of Penn’s Carey Law, Professor Epstein began his legal career as a public defender with the Defender Association of Philadelphia. He is a former partner at Kairys, Ruovsky, Messing & Feinberg, LLP, where he remains of counsel. He was an adjunct professor at Penn from 1988 through 2006, has taught in and prepared materials for countless continuing legal education programs, and has authored dozens of articles and book chapters on criminal law and evidence topics.

Professor Epstein’s work has concentrated, in recent years, on capital case, eyewitness, and forensic issues. He has taught death penalty law nationally, and continues to handle capital cases at the appellate and post-conviction stages. Professor Epstein served as a member of the National Commission on Forensic Science from 2013 until the Commission’s demise in 2017. He is faculty for the National Judicial College, teaching courses to judges in advanced evidence and capital case law. In Pennsylvania, he is a member if a group of lawyers, judges and academics revising the Suggested Standard Jury Instruction, Criminal, and served on a commission addressing issues in cases of wrongful convictions.

 To learn more about Professor Epstein, please visit his Bio here.

To learn more about the Willie Veasy case, please click here.

Host: Aaron Freiwald

Guest: Jules Epstein  

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