Rule 702: Admissibility of Expert Testimony Regarding Eyewitness Identification
| Jurisdiction | Colorado,United States |
| Citation | Vol. 21 No. 5 Pg. 927 |
| Pages | 927 |
| Publication year | 1992 |
1992, May, Pg. 927. Rule 702: Admissibility of Expert Testimony Regarding Eyewitness Identification
Chang, a visiting professor from Beijing, China, was rear-ended while waiting at a stop light. Chang climbed out of his car and walked towards the other vehicle. Suddenly, the man driving that car, a middle-aged Caucasian, leaped out and confronted Chang with a shotgun. Terrified, Chang ran back to his car, and the other car sped off.
Soon after the incident, Chang assisted the police in preparing a composite drawing of the driver of the other car. Several weeks later, Chang was shown a photographic lineup. He first selected a photograph that was not Jones, the defendant. Later, however, he positively identified Jones as his assailant.
Chang has brought suit against Jones on a variety of theories. Jones claims that he was playing golf at the time of the incident. Chang's only identification evidence is his eyewitness testimony. Jones now seeks to introduce the testimony of a psychologist that (1) contrary to popular belief, high levels of stress impair memory, (2) the tendency of victims to focus on a weapon used during an assault reduces their ability to recall details about the assailant's appearance, (3) the victim's viewing of a composite drawing can influence the victim's memory, and (4) cross-racial factors adversely affect eyewitness identification.
Counsel for Chang moves in limine to exclude the testimony. On what basis should the court rule?
In Campbell v. People,(fn1) the Colorado Supreme Court held that, "in some cases, the admission of expert testimony on the reliability of eyewitness identification may be proper," although the court declined to adopt a per se rule of admissibility. Instead, the court held that Rules 702(fn2) and 403(fn3) of the Colorado Rules of Evidence provide the standards for analyzing the admissibility of expert testimony on the accuracy of eyewitness identification.(fn4)
The Campbell court opined that the application of Rules 702 and 403 "offers a sound method for ensuring that the admission of expert testimony and the accuracy of eyewitness identification will enhance the truth-seeking function of trial."(fn5) Moreover, these rules properly leave to the...
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