Review: Reliability of Evidence. Methods for Analysing and Assessing Witness Statements
| DOI | 10.1177/002201837303700214 |
| Author | Arne Trankell |
| Published date | 01 April 1973 |
| Date | 01 April 1973 |
| Subject Matter | Review |
152
THE
JOURNAL
OF
CRIMINAL
LAW
to
very
many
aspects
of
this subject, from
Canada,
the
U.S.A.,
Sweden
and
elsewhere.
Of
course,
the
inferences to be
drawn
from
the
statistics
of
these
"brute
facts"
are
inevitably
open
to a
variety
of
interpreta-
tions;
but
for
anyone
for
whom
this
question
is
(if
one
may
be
pardoned
the
phrase) still a live issue, this collection
of
material
will be
indispensable.
RELIABILITY
OF
EVIDENCE.
METHODS
FOR
ANALYSING
AND
ASSESSING
WITNESS
STATEMENTS
Beckmans,
Sorterargatan
23,
S-162
10,
Vallingby,
Sweden
$4.50
By
Arne
Trankell,
Professor in Psychology
at
the
University
of
Stockholm, 1972
This
book is addressed
primarily
to lawyers
and
professional
psychologists
but
also to sociologists
and
anthropologists
with
an
interest in methodology.
Its
main
objective is to
introduce
asystem
of
ideas on
how
evidence
based
on
human
observation
ought
to be
analysed
in
order
to ensure scientific precision
and
integrity.
It
is
argued
that
whenever
awitness distorts
reality
or
describes
it
in
amisleading
way,
the
distortions
or
incorrect
interpretations
can
be
traced
back
to
their
origins
and
that,
in a
large
number
of
cases,
it
might
be possible to
reconstruct
the
real
course
of
events
behind
the
distorted
reports,
provided
the
factors
which
gave rise to
the
content
and
form
of
the
statements
can
be
detected
and
described.
The
fallibility
of
human
perception
and
memory,
both
of
which
are
selective processes, often results in
profound
differences
between
descriptions
of
one
and
the
same
event,
even
though
it was observed
by
the
witnesses
under
identical
conditions.
The
witness's
memory
images
may
also be
distorted
by
the
interrogation
technique
of
the
person
who
obtains
a
statement
from
the
witness. Professor
Trankell
demonstrates
these facts
by
describing experiments
which
were
conducted
with
students
at
the
University
of
Gothenburg.
The
major
part
of
the
book is
concerned
with
the
proposition
that
the
real
course
of
events
may
be
reconstructed
by
an
expert
psychologist
if
the
research
technique
outlined
by
the
author
is used.
In
1948
courts
in
Sweden
were
empowered
to
make
use
of
experts on witness
evidence
and
Professor
Trankell
has developed
the
"Techniques
of
Analysing Witness
Statements"
described
by
him
while
practising
as
an
expert
on witness evidence
in
Swedish Courts.
Under
the
heading
"The
psychologist's
interrogation
technique"
Professor
Trankell
writes
"The
technique
reminds
the
listener
of
the
ordinary
cross-examination".
In
fact,
the
whole
of
the
book
reminds
the
reader
of
all
that
is
included
in
the
art
of
advocacy
and
law
students
could
profit from a
study
of
it.
The
prime
function
of
a
court
is to
make
a
judgement
on
the
evidence given before it,
by
the
application
of
the
ordinary
standards
of
common
sense used
in
everyday
affairs.
Any
court
unable
to
perform
that
duty
would,
indeed,
be
an
inefficient
court!
It
is inco-
ceivable
that
an
English
Criminal
Court
would
ever
seek
"expert"
advice
on
the
evidence before it.
The
parties
to a case
may
call
their
experts
but
the
court
must
be
the
only
judge
of
the
value
of
the
evidence
before it.
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