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Despite the accumulating evidence on the factors that influence eyewitness identifications that are based on visual observation, relatively little is known about identifications based on auditory cues--often referred to as earwitness testimony.
Although the reliability of eyewitness identification has been considered extensively by the courts, the reliability of earwitness identification has been widely overlooked or misrepresented by the criminal justice system.
The major case in both eyewitness and earwitness identification is Neil v.
In cases that have addressed issues concerning earwitness identification, judges have used their knowledge of eyewitness identifications and commonsense beliefs to assess the reliability of earwitness testimony, (24) despite scientific evidence that the processes that underlie auditory recognition differ from visual identifications.
28) The same pattern arises for earwitness identification; (29) however, the accuracy of the auditory identification also depends on other similarities between the initial encounter and when the voice is identified.
203) Brian R Clifford, 'Voice Identification by Human Listeners: On Earwitness Reliability' (1980) 4 Law and Human Behavior 373; Yarmey et al, above n 198.
284) While we do not endorse their recommendations wholesale, see A PA Broeders and A G van Amelsvoort, 'A Practical Approach to Forensic Earwitness Identification: Constructing a Voice Line-Up' (2001) 47 Problems of Forensic Sciences 237 for a detailed consideration of the applicability of the eyewitness identification procedures to earwitness evidence.
In contrast to Edward II, who is feminized and punished for his "loose tongue" and failure to listen to his noble advisors, Edward III demands proof for what he hears and thereby becomes an earwitness with regal authority (47).
Falstaff's subjection of Hal to his language of rumors, buzz, "lies and half-truths" helps train him to become an earwitness who maintains informational authority and ensures his country's fame (65, 73).
In King Lear, Cordelia's refusal to speak glibly in the opening scene is intended to alert her father to listen and become an earwitness to the flattery of Goneril and Regan (84).
In the conclusion, "'Contrary to truth': Elizabeth Cary's Tragedy of Rumor," Botelho explores the tragedy of failing to be an earwitness in the History of the Life, Reign, and Death of Edward 11 and The Tragedy of miriam, plays in which Cary dismisses gender stereotypes about listening.
Botelho finally comes full circle by noting that Cary completed a dramatic work depicting the same failed earwitness that Christopher Marlowe brought to the stage thirty-five years earlier--Edward II.