The Reliability of Eyewitness Testimony
Part 1 - How reliable is Eyewitness testimony?
The Reconstructive nature of memory - Schemas and Stereotypes
The reconstructive nature of memory is related to the schema theory. A
schema is a package of memory that is organized and developed
throughout our lives. Schemas are stored in long term memory. Most
people have similar schemas and this was recognized by Bower, Black
and Turner (1979) when they asked several people to recall the schema
for the most important things they do when they go out to a restaurant
for a meal. They found out that most people put the same main aspects
in their schemas.
Bartlett's theory of Reconstructive Memory is crucial to an
understanding of the reliability of eye witness testimony (EWT) as he
suggested that recall is subject to personal interpretation dependent
on our learnt or cultural norms and values- the way we make sense of
our world.
In other words, we tend to see and in particular interpret and recall
what we see according to what we expect and assume is 'normal' in a
given situation. Bartlett tested this theory using different stories
to illustrate that memory is an active process and subject to
individual interpretation or construction.
Bartlett found out that when he asked the participants to recall the
story twenty hours after they first read it then the story changed
considerably. The participants recall distorted the content and the
style of the original story. The story was shortened and the phrases
were shortened to become more similar to our own language. Over
periods of time up to a year Bartlett asked his participants to kee...
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...l to general open ended questions,
concluding with more specific closing questions. The basic cognitive
interview was also formed after the consideration of the bullet points
above, which basically reports on the time of the crime, where it
happened, and anything else that they can think of surrounding the
incident and then the information is fragmented and 'picked at' to
find any vital clues or evidence.
Conclusion
There are implications from psychological research for improvements in
the collection and use of eye witness testimony. Police might develop
the basic cognitive interview by increasing contextual cues to enhance
recall, minimising distractions and reducing eyewitness anxiety.
Psychologists can be used as expert witnesses in criminal trials to
advise jurors on the reliability of eyewitness testimony.
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.
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...
Memory is not reliable; memory can be altered and adjusted. Memory is stored in the brain just like files stored in a cabinet, you store it, save it and then later on retrieve and sometimes even alter and return it. In doing so that changes the original data that was first stored. Over time memory fades and becomes distorted, trauma and other events in life can cause the way we store memory to become faulty. So when focusing on eyewitnesses, sometimes our memory will not relay correct information due to different cues, questioning, and trauma and so forth, which makes eyewitness even harder to rely on. Yet it is still applied in the criminal justice system.
Humans have an incredible capability for thinking and memory. We can remember events from our past, for our future, and of things that have no relative meaning to ourselves. These memories can be traced back to different systems of our brains through a process of encoding, storage, and retrieval. As part of the retrieval process, memories can be remembered with or without their sources. As research has found, our memories are not labeled or tagged with their origin (Johnson, Hashtroudi, & Lindsay 1993). Because of this, our memory has developed a process called source monitoring. This is how we link our memories to the source that they developed from, usually using specific characteristics and general knowledge of the memory. For example, source monitoring includes identifying who told you something, whether or not you saw an event in real life, the time of the event and whether you told something to your friend or only thought about telling it. The source-monitoring framework for the process involved in pinpointing the origin of information by Johnson and colleagues, explains both vertical and distorted memory with a common set of principles. First, a specific memory consists of specific characteristics including spatial, temporal, and perceptual details. Secondly, the memories can differ in characteristics that can be used to find the origin. More extensive source monitoring can involve beliefs about memory and cognition as well as retrieving more information from memory and finding the source of the memory given these beliefs, other specific characteristics or general knowledge (Johnson et al. 1993). Sometimes these beliefs aren't always accurate. Because some people may be influenced by their personal ideologies during retriev...
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
Cognitive psychology is deeply rooted in our legal system and forms the element or standard of almost all crimes and civil misconduct. An understanding of psychology, in particular cognitive psychology, aids jurors, attorneys, defendants, prosecutors, and judges in the process of the legal system specially where adjudicating guilt or liability. In addition, cognitive psychology comes into play where the legal system relies on witness testimony when adjudicating a case.
The situation that I have thought of is, when I was on the jury for juveniles who committed first offenses. While I was listening to the lawyers depend these kids, I looked on the list and saw a familiar name. The name was a person I went to kindergarten with. She was being convicted of shoplifting. I could not believe it. All the thoughts of that soft, kind-hearted person went out the window. My behaviors were changed by the environmental influences. My thoughts were overcome with coldness. I felt that she choose her situation. Somewhere along she became part of the wrong crowd and never changed her situation. I also think that the situation changed what I thought of her.
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.
Valentine, T., & Maras, K. (2011). The effect of cross-examination on the accuracy of adult eyewitness testimony. Applied Cognitive Psychology, 25, 554-561. doi: 10.1002/acp.1768
In the court of law, eyewitnesses are expected to present evidence based upon information they acquired visually. However, due to memory processing, presenting this information accurately is not always possible. This paper will discuss the reliability of eyewitness testimony, its use in a relevant court case, and how the reasonable person standard relates to eyewitness testimony.
The use of eyewitnesses has been a constant in of criminal justice system since its very beginning. Unfortunately, people do not make the best witnesses to a crime. The person may not have seen the actual criminal, but someone that looks similar to them. The witness may lie about what he or she may have scene. Also the witness can be influenced by the police as to who or what they saw at the time of the crime. The witness or victims memory of the person may have faded so that they don’t remember exactly what had seen, which could be disastrous for the accused.
In “The Anatomy of Judgmen”t, M. L. J. Abercrombie discusses how information is gained through our perception. Abercrombie claims that interpretation is a very complicated task that people have been learning to exercise since birth. Each person has a different way of interpreting the objects or situations they see, because people often relate their own past experiences. She also explains two important concepts: schemata and context. She defines schemata as a way our mind functions by understanding new things perceived through sight, by relating it to an individual’s past experiences. Past experiences help interpret what is seen further, if the object fits one’s expectation or their schemata, and not something different from their past experiences. Her fundamental insight is that seeing is more complex than just passively registering what is seen, and consists of a form judgment for...
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.
Similar studies were done to a different set of college students and they tended to have the same results. After giving as much detail about each memory, the students were interviewed about what they may have written done about what they had remembered. During the last part of the experiment, each of the students were debriefed and asked to guess which memory they believed was false.
...pporting details. At the conclusion of the article, the authors share their thoughts on how it might be virtually impossible to determine when a memory is true or false. I also like their willingness to continue the investigations despite how difficult it might be to obtain concrete answers.