Judges possess the authority to suppress eyewitness testimony entirely if they consider it to be unreliable, preventing it from being presented as evidence in the trial.

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Eyewitness suggestibility refers to the susceptibility of witnesses to be influenced by interview practices and questioning methods, which can lead to flaws in their testimony. Awareness of these flaws has led to modifications in how witnesses are interviewed and how lineups are conducted to decrease suggestibility.

Eyewitness Suggestibility

Spielman, R. M., Jenkins, W. J., & Lovett, M. D. (2020, April 22). Psychology (2nd ed.). OpenStax. https://openstax.org/books/psychology-2e/pages/1-introduction

OpenStax Psychology (2nd ed.) Textbook

Using neutral and less leading language when questioning witnesses is a method to decrease suggestibility. This modification helps witnesses, especially children, to more accurately recall the events and individuals involved in an incident.

Neutral Witness Questioning

A blind photo lineup is a procedure where the individual administering the lineup does not know which photograph depicts the suspect. This practice is recommended to minimize the possibility of the administrator inadvertently providing leading cues to the witness, thereby reducing suggestibility.

Blind Photo Lineup

To address the risks of eyewitness suggestibility, judges in some states inform jurors about the potential for misidentification, helping the jury to critically evaluate the reliability of the eyewitness testimony presented during a trial.

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