Witnesses are extremely important to a case and gathering facts. There are many different things that can make a good witness. Some of these things are as listed. First of all I think the most important attribute that a witness must have is honestly. Cases can be corrupted if there are bad witnesses that aren’t telling the truth. Even though a witness is sworn under oath, that doesn’t stop some from giving false statements. A false statement can completely change the entire outcome of a case. Not only is lying under oath wrong it’s also illegal. Giving a false statement and lying under oath in known as perjury (England). Perjury is a serious crime within the court room, if someone is found guilty of committing perjury they could face up to …show more content…
When under pressure people tend to talk quiet and softly which can make it hard to understand them or to misunderstand them. When being a witness it is very important to make sure you talk clearly and loud so everyone can hear you. This will ensure that everyone hears what the witness has to say and the statement will less likely be misunderstood. Another thing that will help make a better witness is eye contact. In any type of conversation or questioning no one wants someone to be looking down at the ground when answering questions and talking. When being a witness you should keep your eyes on up and focused on the jury and the person asking you questions. Another huge thing that witnesses must do is focus attention to the jury. When answering questions you should make all answers directed towards the jury so that you can ensure that they herd you and so that they have a chance to read your facial …show more content…
Before and answer us reached on a question there should be plenty of time to ensure that the witness heard the question and has time to make sure they are answering the questions that was asked. This brings me into another important point, when witnesses are answering questions they should answer the questions in the least amount words possible. By doing this the witness will make sure they don’t say anything they aren’t supposed to. Often times when a witness is being asked questions the attorney will ask the same question several different times in many different ways to try and play games with the witness to see if they will change their answer form the first time they were asked. By giving short yes or no answers and keeping other answers short the witness can reduce the risk of being tricked and changing their
The use of eyewitness statements and testimony’s can be a great source of information, but can also lead to wrongful convictions. Due to eyewitness testimony, innocent people are convicted of crimes they have not committed. This is why the wording of a question is important to consider when interviewing witnesses. Due to the fact that eyewitness testimony can be the most concrete evidence in an investigation, witnesses may feel they are helping an officer by giving them as much information as possible, therefore they may tell them information that is not entirely true, just to please them. This is why there are advantages and disadvantages to using open and close ended questioning at different durations of an interview. The way you word a question may impact the memory of a witness, this is because a person cannot completely memorize the exact occurrences of an event.
Witness One who can give a firsthand account of something seen, heard, or experienced: a witness to the accident One who furnishes evidence 2. Something that serves as evidence; a sign
In summation, is can be identified in this paper that eye witnesses do not play a constructive role within the criminal justice system. This can be seen through a thorough discussion of the many issues portrayed through this paper. To conclude Schmechel et al. (2006) reiterates that statements this paper has presented and discussed;
In the last forty years, there has been a shift in courtroom proceedings. Lawyers are not only focusing their evidence on the scientific aspects of an event, but also on those who may have witnessed the actual event as well. Recently, the number of eyewitness appearances in the courtroom has increased, making statements about either a crime or an event that occurred in their presence. But how does the courtroom decide who is a legitimate witness to an event? Too often, age, race, education, and socio-economics play a major role in this decision. Here, we will discuss the age aspect of this problem in terms of child eyewitness testimony and it's implications in the courtroom.
...ls, less likely to make a false statement. Separate the witnesses so they can’t come together with their stories, which give the officers a chance to have real answers instead of having false reports. It’s not unusual to have a witness who is not ready to tell them what they have seen, in fear that they might have to appear in court and testify against the suspect and also which would take away from their job and making money and also they fear that the criminal will find way to strike back for their information (Orthman, Hess, 2013).
Elizabeth Loftus, is a psychologist, mainly concerned with how subsequent information can affect an eyewitness’s testimony. Loftus has focused on misleading information in both the difference in wording of questions and how these questions can influence eyewitness testimony. This research is important because frequently, eyewitness testimony is a crucial element in criminal proceedings. Throughout Loftus’s career she has found a witness’s memory is highly flexible and subject to being influenced. The classic study by Loftus and Palmer (1974), illustrates that eyewitness testimony can be influenced by leading questions and ultimately proved unreliable.
When coming into a serious conversation with another individual, it is important to know the facts of what you will be speaking about. The presentation should be clear, but not offensive, so that it is still possible to get the point across. It is important to also take time to explain what you are speaking about… That way, you can be sure the other party understands. In some cases, though, it is hard to get other individuals to understand the point you wish to represent to them- those who have already learned one thing, and have been studying and practicing it for a number of years, are usually stuck in their preconceived notions. In the instance of witnessing to a Jehovah’s Witness, the Christian explaining the Biblical truth should be sound in their studies and scriptural knowledge. There are several steps that must be taken in order to have an effective witness.
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...
Fradella, H.F. (2006) Why judges should admit expert testimony on the unreliability of eyewitness testimony. Federal Courts Law Review. Retrieved from http://www.fclr.org/fclr/articles/html/2006/fedctslrev3.pdf
Witnesses are often called before a court of law to testify in trials and their testimony is considered crucial in the identification and arrest of a suspect and the likelihood of a jury convicting a defendant.
...at information to interview other witnesses, the witness may go along with the statement. We did learn that this can also occur when witnesses interact and talk with each other. The good news is that law enforcement officials realize that this is a problem and have come up with some solutions like seeing how alike stories are and trying to pick out information that may be incorrect. Other ways that law enforcement officials can try to minimize misinformation is to try to interview witnesses separately. Also, the way the officials phrase the question can have an effect, asking for example: “Did you see a vehicle? If so what color or make and model was it?” and not asking: “Did you see a dark blue Ford Focus?” By asking more open questions I feel that witnesses would rely on only their observations and not those that the official or other witnesses said they saw.
Every day a child is called on to testify in a courtroom. Children who have to testify in open court are easily influenced by outside sources. This paper will show the reasons children should not be used as witnesses in a courtroom. I will show all the different influences that a child receives and prove them uncredible. The interview process can influence a child greatly. Ceci and Bruck (1995) found a study that shows that child witnesses may be questioned up to12 times during the course of an investigation. The questioning process can take up to a year and a half to be completed. Children are not capable of remembering exact details for that period. Their answers to questions will change each time he or she is asked. This is because they do not retain information in the same way as an adult. Most studies have shown that children start to lose their ability to recall an event accurately only 10 days after the original event has happened. Another factor in a child’s ability to recall an event is stress. A child can go into a shock stage and repress all memories of what has happened to them. These memories may not resurface for many years. This affects a child’s ability to identify the suspect in photo and live line-ups. The amount of stress a child goes through affects their ability to answer questions in an interview, if they cannot remember what has happened, how are they supposed to answer the myriad of questions the interviewer will ask them.
Vallas, G. (2011). A survey of federal and state standards for the admission of expert testimony on the reliability of eyewitnesses. American Journal of Criminal Law, 39(1), 97-146. Retrieved from http://search.ebscohost.com.pioproxy.carrollu.edu/login.aspx?direct=true&AuthType=cookie,ip,cpid&custid=s6222004&db=aph&AN=74017401&site=ehost-live&scope=site
Child witnesses have provided a basis for controversy over the years in criminal justice. There are two main things that people worry about when it comes to having a child witness, one is the anxiety that is put on the child with regard to the traumatic experience and the other is dependability of the testimony. Child testimony has long been considered an important part of the case but what is to be done when there are questions regarding legal, ethical, and professional ways to interact with the children.
Investigators should use open-ended questions such as, “What can you tell me about…” They could also use closed-ended questions, “What was the color/style/size etc. of …” They should avoid leading questions offering specifics such as size, style, color, brand, etc. Photographs offered to a witness for identification should all be in the same format, style, color, and size and the persons depicted should all be of similar characteristics with respect to age, sex, and race in relation to the witnesses’ description. For live lineup identifications, all persons should be of similar characteristics and the lineup should be double-blinded, meaning that neither the presenter nor the witness knows if an actual suspect is being presented. The presenter should make sure that the witness understands that it is just as important to clear the innocent, as it is to convict the guilty (Janet Reno, J., Fisher, R. C., Robinson, L., Brennan, N., Travis, J., 1999). Informing a witness that they do not have to select a suspect has been proven to lead to fewer false identifications (APA, 2016). Selection feedback to a witness after selecting has been proven to enhance or decrease a witnesses’ confidence in their choice. No feedback should be given to a witness about their selection (APA, 2016). Some studies have shown that lineups and photographs when given sequentially rather than