Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-x24gv Total loading time: 0 Render date: 2024-06-01T08:29:34.229Z Has data issue: false hasContentIssue false

1 - Witness Testimony as Argumentation

Published online by Cambridge University Press:  03 February 2010

Douglas Walton
Affiliation:
University of Windsor, Ontario
Get access

Summary

There is a long tradition in philosophy, going back to Plato, of contempt for arguments based on witness testimony as being unreliable, subjective, misleading, and impossible to evaluate as evidence by objective standards. Any argument as fallible as one based on witness testimony is easily seen as subjective in nature, and simply beyond the range of any exact, objective treatment. Certainly the recent findings of social scientists (Loftus, 1979) have given us plenty of grounds for distrust of this fallible form of evidence. In this chapter, some notorious cases of lying witnesses and wrongful convictions based on false or inaccurate witness testimony dramatically illustrate the point. On the other hand, even in an age where video evidence seems to be usurping the place of eyewitness testimony, we could scarcely do without witness testimony as an important kind of evidence in trials and investigations. Thus it is a kind of evidence that is on a razor's edge. We need it, but it can go badly wrong. Thus it is important to study how it should be evaluated as a kind of evidence that can be strong in some cases and weak, or even erroneous and misleading, in others. Chapter 1 begins this process by stating and identifying the premises that witness testimony is based on as a type of argumentation, the conclusions that it leads to, the nature of the inferential link that joins them, and how it can be supported or rebutted.

Type
Chapter
Information
Witness Testimony Evidence
Argumentation and the Law
, pp. 12 - 61
Publisher: Cambridge University Press
Print publication year: 2007

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×