The fragility of personal recognition as evidence in criminal proceedings

mistakes that affect the lives of convicts

Authors

  • Mirella Guedes de Almeida Faculdades Integradas Campos Salles
  • Mileide Oliveira Costa Faculdades Integradas Campos Salles
  • Lavínia Kristine Rodrigues Sampaio Faculdades Integradas Campos Salles

Keywords:

Personal recognition, false memories, procedural evidence, photographic recognition, nullity of evidence

Abstract

In order to expose the risks of personal recognition as evidence in criminal proceedings, this article aims to dissect the main points of why personal recognition becomes questionable as to its effectiveness and validity. Firstly, we must observe the legal and ideal procedure to be adopted so that a personal recognition can bring credibility and serve as plausible evidence in the records. The second point will be the exposure of the most varied situations that affect the accuracy of recognition, since, for this evidence to be produced, the memory is exclusive, depending completely on the memories of the victim or witness for its production, which makes this production of evidence liable to suffer the phenomenon that is not faithful to reality, called false memories. Finally, we will report what we have as the purpose of this article, we will demonstrate how miscarriages of justice have affected and do affect the lives of innocent people who have been convicted for not giving the aforementioned subject, its real importance.

Published

2022-12-16

How to Cite

Almeida, M. G. de, Costa, M. O., & Sampaio, L. K. R. (2022). The fragility of personal recognition as evidence in criminal proceedings: mistakes that affect the lives of convicts. LIBERTAS DIREITO, 3(2). Retrieved from https://periodicos.famig.edu.br/index.php/direito/article/view/230