The analysis of eyewitness identification techniques and their use as a defence

Abstract

Eyewitness identification can prove to be challenging in Malta. The Maltese Criminal Code, Chapter 9 of the Laws of Malta does not address eyewitness identification and the issues related thereto in a comprehensive manner. Through this paper the researcher will be dealing with different techniques of how eyewitness testimonies may be brought, how our legal system has been dealing with eyewitness identification and how this field is tackled. Ultimately this paper shall question the reliability of eyewitness identification testimonies and will endeavor into what our Courts can use as a guidance in order to make eyewitness identification testimonies more reliable.

The research Questions of this term paper are the following: 1. Are eyewitness identification techniques accurate?

2. Should they be considered as a good mode of defence in the Courts of law?

3. Are eyewitness identification techniques found in the laws of Malta? If not, should this lacuna be addressed?

Eyewitness identification techniques are addressed in International law but are not given much importance in Maltese law. An analysis of the existing techniques will be given together with their advantages and disadvantages. An attempt to decipher whether the unreliability of such techniques can be used as a defence, will also be made.

The aim of this research is to shed light on different eyewitness identification techniques, their authenticity and their reliability; and to question whether the lack of the latter amounts to a defence in the Courts of law.