Witness Evidence in Criminal Procedure

Abstract

The present work aims to deal with testimonial evidence in criminal proceedings in an interdisciplinary way, between law and psychology focused on testimony. Even though it is not much treated, what the authors say about the subject will be discussed. The main source of research was the bibliographies, books and scientific articles, with the objective of exploring the studies of psychology applied to the law, since it is through the witness that a crime news is taken to the police authorities and, even, recognition of suspects of the crime, therefore it must be studied in detail. These tests are memory dependent. The long-time lapse of the process can make testimonial evidence unfeasible due to forgetfulness and the event of false memories, which greatly harms the criminal process. False memories are not lies, the subject faithfully believes that what he is saying is true, but over the course of days, months and even years, his memories were automatically modified. The fragility of this means of proof is concluded, therefore, it is necessary to take measures that can make them safe because it is someone's freedom that is at stake. In view of this, the evidence cannot be generalized, as it is not by providing a commitment to the truth that the testimony will correspond to the fact. Likewise, the word of public agents because their memory is flawed like any other. Not only, but it is extremely important for the testimonial evidence to be consistent with the process as a whole, the memory, unanimously, is flawed.