Moreover, there are eyewitnesses, and there are earwitnesses
25) Courts that incorporate the standards for eyewitness reliability to assess earwitness reliability are therefore relying on the assumption that earwitnesses are influenced by the same factors as eyewitnesses, such as the opportunity to hear and the quality of voice (e.
The court did state expert testimony concerning the following factors, however, was admissible under Daubert: "[(1)]the effect of the length of the sample of the unknown speaker heard by the person making the identification up to a certain point; [(2)] the effect of discussions among earwitnesses prior to identification, and [(3)] the effect of listening to only one sample recording rather than a lineup of similar sample recordings.
73) Since Gilmore there has been little sustained interest in the basis for the admissibility of opinion evidence, and most investigators, interpreters and 'experts' have been allowed to express their incriminating opinions on the basis of the rules governing ordinary earwitnesses
(ie relevance) or through very accommodating readings of the rules governing opinion evidence.
He argues that kings ought to listen to all kinds of speech, including rumors, in order to become adept earwitnesses
like Henry V.
In particular, the accounts of contemporary earwitnesses
such as Roger North, Thomas Betterton, and Katherine Booth suggest that the "skilful ear" invoked by Purcell could in fact listen selectively, and therefore differently, according to individual tastes.
In a convincing exegesis, the author argues that Marlowe's training in the university curriculum of "disputations" and debate was the kind of education designed to produce earwitnesses