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"Witness testimony has been the gold standard of the criminal justice system, revered in courtrooms and crime dramas as the evidence that clinches a case. Yet scientists have long cautioned that the brain is not a filing cabinet, storing memories in a way that they can be pulled out, consulted and returned intact. Memory is not so much a record of the past as a rough sketch that can be modified even by the simple act of telling the story. For scientists, memory has been on trial for decades, and courts and public opinion are only now catching up with the verdict. It has come as little surprise to researchers that about 75 percent of DNA-based exonerations have come in cases where witnesses got it wrong. This month, the Supreme Court heard its first oral arguments in more than three decades that question the validity of using witness testimony, in a case involving a New Hampshire man convicted of theft, accused by a woman who saw him from a distance in the dead of night. And in August the New Jersey Supreme Court set new rules to cope with failings in witness accounts, during an appeal by a man picked from a photo lineup, and convicted of manslaughter and weapons possession in a 2003 fatal shooting. Rather than the centerpiece of prosecution, witness testimony should be viewed more like trace evidence, scientists say, with the same fragility and vulnerability to contamination. Why is a witness's account so often unreliable? Partly because the brain does not have a knack for retaining many specifics and is highly susceptible to suggestion. "Memory is weak in eyewitness situations because it's overloaded," said Barbara Tversky, a psychology professor at Columbia University's Teachers College in New York. "An event happens so fast, and when the police question you, you probably weren't concentrating on the details they're asking about." "

"VANDALS have struck a painting that depicts South African President Jacob Zuma with his genitals hanging out. Two men defaced the picture with gobs of paint, as Mr Zuma and his African National Congress sought a court order yesterday to have the painting removed from an art gallery. The case is spiced with freedom of expression on the one hand and the right to dignity on the other. It took centre stage after the painting by Brett Murray went on display in a Johannesburg gallery this month and was reported on in local media. Mr Zuma, who has a reputation for promiscuity, took the depiction of him with his private parts exposed very personally and compared himself to a rape victim. Mr Zuma himself was put on trial for rape, and acquitted, in 2006. "The portrayal has ridiculed and caused me humiliation and indignity," Mr Zuma contended in an affidavit filed yesterday with the South Gauteng High Court in Johannesburg. Presiding over the hearing in a courtroom a few kilometres from the gallery, Judge Fayeeza Kathree-Setiloane said the full three-judge bench should hear the case because the national interest and constitutional issues are at stake. South Africa's constitution protects the right to dignity as well as to freedom of expression. She said the hearing would recommence tomorrow. Mr Zuma and the ANC sought to have the painting, titled "The Spear," removed from the Goodman Gallery and to stop the newspaper City Press from displaying a photo of it on its website. Just before the hearing was scheduled to begin, two men wielding cans of red and black paint calmly walked up to the painting hanging on a gallery wall and took turns defacing it. "Now it's completely and utterly destroyed," said Iman Rappetti, a reporter for a South African TV channel who happened to be on the scene at the time as her camera rolled. Her channel showed a man in a tweed jacket painting a red X over the president's genital area and then his face. Next, a man in a hoodie smeared bl

"If the police want to search your house, they need a warrant. If they want to follow you around in an unmarked car, they don't. But what about GPS technology? It's highly accurate, virtually effortless and law enforcement are using it like never before. But the courts are divided on the legality of GPS and the issue seems destined for the Supreme Court. Law professor Orrin Kerr explains."

"Prosecutors here noted that she is also in the vanguard of a growing trial trend: in Arizona, Hawaii, Idaho, Indiana and some other states in the last few years, courts have allowed such trained dogs to offer children and other vulnerable witnesses nuzzling solace in front of juries. The new role for dogs as testimony enablers can, however, raise thorny legal questions. Defense lawyers argue that the dogs may unfairly sway jurors with their cuteness and the natural empathy they attract, whether a witness is telling the truth or not, and some prosecutors insist that the courtroom dogs can be a crucial comfort to those enduring the ordeal of testifying, especially children. The new witness-stand role for dogs in several states began in 2003, when the prosecution won permission for a dog named Jeeter with a beige button nose to help in a sexual assault case in Seattle. "Sometimes the dog means the difference between a conviction and an acquittal," said Ellen O'Neill-Stephens, a prosecutor there who has become a campaigner for the dog-in-court cause. "

Can we trust the memory of court witnesses?

"A few months after the World Trade Center attacks, a strange message appeared on a U.S. Army computer: "Your security system is crap," it read. "I am Solo. I will continue to disrupt at the highest levels." Solo scanned thousands of U.S. government machines and discovered glaring security flaws in many of them. Between February 2001 and March 2002, Solo broke into almost a hundred PCs within the Army, Navy, Air Force, NASA, and the Department of Defense. He surfed around for months, copying files and passwords. At one point he brought down the U.S. Army's entire Washington, D.C., network, taking about 2000 computers out of service for three days. U.S. attorney Paul McNulty called his campaign "the biggest military computer hack of all time." But despite his expertise, Solo didn't cover his tracks. He was soon traced to a small apartment in London. In March 2002, the United Kingdom's National Hi-Tech Crime Unit arrested Gary McKinnon, a quiet 36-year-old Scot with elfin features and Spock-like upswept eyebrows. He'd been a systems administrator, but he didn't have a job at the time of his arrest; he spent his days indulging his obsession with UFOs. In fact, McKinnon claimed that UFOs were the reason for his hack. Convinced that the government was hiding alien antigravity devices and advanced energy technologies, he planned to find and release the information for the benefit of humanity. He said his intrusion was detected just as he was downloading a photo from NASA's Johnson Space Center of what he believed to be a UFO. Despite the outlandishness of his claims, McKinnon now faces extradition to the United States under a controversial treaty that could land him in prison for years-and possibly for the rest of his life. The case has transformed McKinnon into a cause célèbre. Supporters have rallied outside Parliament with picket signs. There are "Free Gary" websites, T-shirts, posters. Rock star David Gilmour, the former guitarist for Pink Floyd, even recorded