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Eyewitness testimony is both fundamentally unreliable and over-relied upon
The problem with eyewitness testimony
Eyewitness testimony identification
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Eyewitness Identification
What You See Is Not Always What You Remember
Terri L. Dittenber
Ferris State University
Abstract
In this paper, I will look at what can go wrong in eyewitness identification. We will discuss if eyewitness identification can be considered valid evidence for convicting individuals of a crime. And what precautions can be put into place to protect individuals from wrongful conviction and help make the process more trustworthy.
Eyewitness Identification
What You See Is Not Always What You Remember What Went Wrong
Eyewitness identification has been used to convict criminals for many years. With the new use of DNA we are finding that many individuals convicted using eyewitness identification are in fact victims themselves.
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Time is one of these factors, evidence shows that when eyewitnesses were interviewed shortly after the act had taken place the more accurate the description was, while the longer an eyewitness goes before being questioned about identification the more likely it is there will be a false identification. Another factor that can play into this is other eyewitnesses to the act. In a study in which students were exposed to a criminal act after the act was committed the professor put false information as to the hair color of the …show more content…
Yet, even after all the effort she placed into ensuring her assailant was convicted, and picking the same individual out of both a photo and physical line up, she still was unable to identify the correct person. When Jennifer participated in the photo lineup she was given several photos to choose from, it took some careful study and narrowing down for Jennifer to decide that her assailant was Ronald Cotton. Even when the Ricky Cotton was found to be innocent of the crime against Jennifer it took her a while to accept this due to what her mind and memory had come to believe. Professor of psychology Gary Wells tells us that when a person takes more than ten to fifteen seconds to make an identification they will most likely identify the wrong person. Professor Wells also stated if a person is given more than one photo at a time to view, they tend to compare the photos to one another and try to narrow down a suspect assuming that they must be in the lineup. Also noted in several of the studies was, when an individual received positive reinforcement after making an ID in a lineup it alters that person’s memory. While police may be trying to assure the person that they are doing a good thing what they are doing is changing the way the person remembers the
“Eyewitness Identification: A Policy Review.” The Justice Project, Iowa State University. Web. 22 April 2014.
This paper will consider eye witness testimony and its place in convicting accused criminals. Psychology online (2013) defines “eye witness testimony” as a statement from a person who has witnessed a crime, and is capable of communicating what they have seen, to a court of law under oath. Eye witness testimonies are used to convict accused criminals due to the first hand nature of the eye witnesses’ observations. There are however many faults within this system of identification. Characteristics of the crime is the first issue that will be discussed in this paper, and the flaws that have been identified. The second issue to be discussed will be the stress impact and the inability to correctly identify the accused in a violent or weapon focused crime. The third issue to be discussed is inter racial identification and the problems faced when this becomes a prominent issue. The fourth issue will be time lapse, meaning, the time between the crime and the eye witness making a statement and how the memory can be misconstrued in this time frame. To follow this will be the issue of how much trust jurors-who have no legal training-put on to the eye witness testimony, which may be faltered. This paper references the works of primarily Wells and Olsen (2003) and Rodin (1987) and Schmechel et al. (2006) it will be argued that eye witness testimony is not always accurate, due to many features; inter racial identification, characteristics of the crime, response latency, and line up procedures therefore this paper will confirm that eyewitness testimonies should not be utilised in the criminal ju...
Eyewitness misidentification cost innocent people to end up in prison. Eyewitness misidentification is the single greatest cause of wrongful convictions in the United States, having played a role in more than 70% of original convictions later overturned by new DNA evidence(Dunn). This explains eyewitness misidentification is not a reliable solution to prison the suspect and deal with other solution. The suspect is effected because the suspect goes through terrible life for crime they did not commit and false witness hunts
(Kennedy & Haygood, 1992; Williams & Loftus, 1994), which is worrying considering the growing and substantial body of evidence from laboratory studies, field studies, and the criminal justice system supporting the conclusion that eyewitnesses frequently make mistakes (Cutler & Penrod, 1995; Huff, 1987; Huff, Rattner, & Sagarin, 1986; Innocence Project, 2009; Wells, Small, Penrod, Malpass, Fulero, & Brimacombe, 1998). According to a number of studies, eyewitness misidentifications are the most common cause of wrongful convictions (Huff, Rattner, & Sagarin, 1986; Wells et al., 1998; Yarmey, 2003) and, through the use of forensic DNA testing, have been found to account for more convictions of innocent individuals than all other factors combined (Innocence Project, 2009; Wells, Memon, & Penrod, 2006).
During the identification and prosecution of a suspect, eyewitnesses are the most important. Eyewitness testimony needs to be reliable as it can have serious implications to the perceived guilt or innocence of a defendant. Unfortunately, the reliability of eyewitness testimony is questionable because there is a high number of eyewitness misidentification. Rattner (1988) studied 205 cases and concluded that eyewitness misidentification was the factor most often associated with wrongful conviction (52%). Eyewitness testimony can be affected by many factors. A substantial literature demonstrates own group biases in eyewitness testimony. For example, the own-race bias, in which people are better at recognizing faces of their own race versus another
The eyewitness testimony video part one revealed the story of Ron Cotton, and how he was unfairly convicted of a rape due to an incorrect recollection of memory. Jenifer, the victim of the case, studied the picture line-up for nearly five minutes before choosing a perpatrater; however, the actual rapist was not in the line-up. I now understand that the chance of picking the wrong criminal are much higher when the actual criminal is not a choice in the line-up. In the eyewitness testimony part two video, I learned that over 75 percent of people that were wrongly convicted were convicted due to false memories. Additionally, I found out that when police give positive reinforcement, memories are altered to fit what was said. This video also explained
Eyewitnesses are primarily used by the criminal justice system for investigating and prosecuting crimes, particularly in circumstances where it is the only evidence available (Wells & Olson, 2003). Their testimony is highly regarded as it allows for police, prosecutors, judges and juries to establi...
Inaccurate eyewitness identifications can confound investigations at the earliest stages. Critical time is lost while police are distracted from the real perpetrator, focusing instead on building the case against an innocent person” (Sheck, InnocenceProject.com). So the question arises “how reliable would you predict an eyewitness’s testimony of a crime to be”? Well, the eyewitness can have several factors that determine their decisions. These factors include misinformation, imagination, and things such as amnesia.
I personally feel that this is a much more reliable and accurate than relying on the testimony of witnesses. I believe through the use of science we as a society can now make sure that the guilty are caught and punished while the innocent are protected from wrongful prosecution. However the eyewitness should not be completely left out of the case against the possible offender. After it is determined through scientific evidence, in this case DNA, that the physically involved in the crime then witnesses can be brought in to give testimony that the offender was present at the crime scene or the victim can be sure that the accused was truly the one involved in the actual crime.
Another factor associated with wrongful convictions is eyewitness misidentification. The Innocence Project identifies eyewitness misidentification as the single most important factor leading to wrongful convictions. Eyewitness misidentification is often an error due to witnesses being under high pressure, witnesses focusing on the weapon more than the offender, and police procedures when receiving an identification statement from a victim. A study
Eyewitness identification and testimony play a huge role in the criminal justice system today, but skepticism of eyewitnesses has been growing. Forensic evidence has been used to undermine the reliability of eyewitness testimony, and the leading cause of false convictions in the United States is due to misidentifications by eyewitnesses. The role of eyewitness testimony in producing false confessions and the factors that contribute to the unreliability of these eyewitness testimonies are sending innocent people to prison, and changes are being made in order to reform these faulty identification procedures.
Why Eyewitness Testimony is Garbage Eye witness testimony has been used in United States courts since its inception, but it is a lot less credible than most people think. The idea of someone's memories and testimony being credible enough to lead to someone's incarceration has been debated for years. There are more instances where eyewitness testimony is more detrimental to a trial than it is helpful. Eye witness testimony is not credible and should not be able to lead to incarceration. 73% of eye witness incarcerations were overturned with DNA evidence.
McNamara, J. M. (2009). Sketchy Eyewitness-Identification Procedures:A Proposal to Draw up Legal Guidelines For The Use of Facial Composites in Criminal Investigations. Univesity of Wisconsin Law School, 764-799.
Eye witness testimony along with fingerprints and hair collectively helped us determine that the suspect in custody is the correct suspect who committed this
As such, they are said to have a higher rate of misidentifications. Wells (1993) proposed that because simultaneous line-ups induce relative judgements, witnesses may compare all people in the line-up with one another. Therefore, they choose the member that looks most like the culprit. Their choice will be the most similar to their memory. A person’s memory is fallible and can be manipulated; therefore, a witness relying on their memory is not reliable. Therefore, simultaneous line-ups increase the risk of a misidentification.