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Although perjury is considered a crime because lying under oath can debase the legitimacy and integrity of the trial, it is defined as knowingly composing a false statement, whereas misinterpretation and inaccurate recalls are not criminal. Eyewitness testimony is generally a verbal description given by an individual who has experienced or witnessed a criminal act. (Pozzulo, 2012:338). Seeing as eyewitness testimony relies heavily on the witness’s propensity to accurately remember and recall events makes recognizing fallibility of a witness’s memory a very complex ordeal since a trial is a process that revolves around factual evidence. Since memory can be influenced by a variety of factors, this essay will identify and evaluate how eyewitness memory, recall, and recognition is unreliable, by analyzing factors that affect memory, and relating them to the case. Due to the rising issue of errors in identifying and prosecuting accused individuals, it is important to review the impact and reliability of witness testimonies. On Friday February 28th at 2:30 pm, I attended the Waterloo Region Courthouse, Ontario criminal court on 85 Frederick Street. On the forth floor I attended the sexual assault preliminary hearing of S.W. Against J.D.. The preliminary hearing was set to determine if there was sufficient evidence for a trial. This adjudication could also be considered an agency trial due to the fact that it produced the general ideas and evidence of the case (Vago, Nelson, 2011:110). Upon arriving, all members of the court as well as the public were required to stand in entrance of the Judge as a sign of respect and known authority. This was also mandatory for the exit of the Judge. The hearing was approximately an hour long, and the J... ... middle of paper ... ...of what they intended to ask. They do not have the advanced cognitive process yet to determine whether an authority figure would be trying to deceive or confuse them. In all of these scenarios, often misinterpreted events or information occurs in vulnerable participants. Whether S.W.'s ego is injured for being rejected, or whether she is vulnerable because of the traumatic experience, this vulnerability limits her perception of actual accounts. Although S.W.'s account should not be taken lightly by any means, it should also not be taken as a flawless and conclusive explanation of what actually happened without factual evidence to support her testimony. Because as this paper has argued, eyewitness recall, recognition, and memory are not entirely reliable, and are subjective to many errancies, and even the small details count so it is important to measure for accuracy.

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