alt Hacker NewsAt the same time though, a bunch of people who know each other and the people allegedly involved could very easily share the same incorrect testimony. You wouldn't believe in bigfoot if 5 guys drinking beers swore they saw him while they were camping. Sending someone to prison or worse is much higher stakes. DNA evidence might be too extreme, but I'd expect some sort of evidence to back up a testimony. "What if the witness was wrong" just seems like always a reasonable doubt, or at least the number of witnesses who would need to corroborate something such that it ceases to be a reasonable doubt is impractically high.
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Courts are not solving math equations and despite the popular belief to the contrary, most lawyers and judges are not bumbling fools. But to use math as an example of why you don't need an "impractically high" number of witnesses:
- Let's assume "reasonable doubt" is 0.1%, so you need to be 99.9% sure someone is guilty before voting them guilty
- Let's assume a random witness to a random crime has a 5% chance of getting some material fact wrong through no fault of their own
- Let's assume that if you are on trial, there is a 20% chance you are guilty, based on the assumption if you're guilty and know you're cooked you're more likely to plea out, so the people remaining at trial are the truly innocent, the guilty who think they can beat the case, and the guilty who are just rolling the dice.
In reality, witnesses are probably more than 95% accurate with material facts, especially when these are collected in isolation at different times, probably by different police officers.
And if we're being honest with ourselves, a lot more than 1 out of 5 people on trial are guilty of what they're being charged with. The bar for a DA to bring charges is very high, their entire careers are based on conviction rate.
An old lecture on unreliability of witnesses:
Damn its almost as if juries exist to act as the sovereign so the violence which sustains the law can be vested in a general public that cannot be held accountable as a whole, similarly to how at least one member of a firing squad always has a blank.
It's a nitpick, but testimony under oath is evidence to US courts. All evidence is either testimonial or circumstantial.