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Eyewitness testimony in the criminal justice system
Importance of eyewitness testimony in the legal system
Eyewitness testimony in the criminal justice system
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Evidence is the key element in determining the guilt or innocence of those accused of crimes against society in a criminal court of law. Evidence can come in the form of weapons, documents, pictures, tape recordings and DNA. According to the American Heritage College dictionary, evidence is the documentary or oral statements and the material objects admissible as testimony in a court of law (476). It is shown in court as an item of proof, to impeach or rehabilitate a witness, and to determine a sentence. This paper will examine two murder cases, O.J. Simpson and Daniel Taylor.
Perhaps the most famous case in the 20th century was the O. J. Simpson double murder trial. On June 12, 1994, two people were brutally killed. Those two people were Nicole Brown Simpson, O.J. Simpson's ex-wife, and Ronald Goldman. O.J. was arrested the next day and charged with their murder. O.J. pleaded innocent to murder and went to trial in criminal court. There was a load of evidences at the residence of Nicole’s to charge him with two counts of first degree murder and it seemed almost impossible for O.J. to be found innocent.
There were loads of evidences found at the scene and O.J.’s home. The bodies of both Nicole Simpson and Ron Goldman, blood of the victims, shoe prints and other evidences. But, one of the main evidence was the questionable bloody glove found behind the guesthouse, which was proven by DNA testing to have O.J.'s, Nicole's and Ron's blood and hair on it. Fibers were also found on the glove that came from O.J.'s shirt and his Bronco (CNN). In addition, a bloody footprint which matched O.J.'s shoes, blood on O.J.'s Bronco door, on the console, on the interior side of the door, a bloody footprint in the Bronco, bloody socks in O.J.'s house, O.J.'s injured finger, blood found at Nicole's condo that matched O.J.'s, and so on (CNN). But, the defense claimed that the evidence had been planted.
Eyewitnesses are also an important piece of evidence. Allen Wattenberg, a knife storeowner, testified during the preliminary hearing that O.J. bought a 14-inch Stiletto knife from his store. O.J.'s limo driver arrived to drive O.J. to the airport and saw a black man, with the same build as O.J. sprinting across the lawn towards O.J.'s house. When O.J. answered the door, he said he'd been napping (CNN). Simpson's houseguest stated that he saw Simpson pulled up in the white bro...
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...ture on the bond slip appeared to be Taylor’s signature. Unlike O.J. there was no DNA linking him to the crime scene or the bodies.
Again, all the evidences pointed favorably toward Daniel Taylor and despite the evidences presented, the jury found Taylor guilty of murder. In closing arguments, Needhand and Bishcoff sought to discredit the officers who had testified for Taylor, accusing them of covering up sloppy record keeping for fear they would be blamed for letting Taylor leave jail early to commit murders (Chicago tribune). In addition, the prosecutor used Daniel’s confession on tape to convict him. “Paperwork is not foolproof,” Bishcoff, the prosecutor, said. But I’ll tell you what is foolproof. And what is foolproof are the defendant’s own words” (Chicago tribune).
REFERENCE
“DNA Fingerprinting” (1997) Encarta Encylopaedia 1997
“Blood truths, Why the Police Want to Tag Your Body”
Helen O’Neill, The Australian 6.12.1997
“Flaws in New DNA Database”
Simon Kearny, The Sydney Telegraph 22.04.2001
“Jail For Rapist Caught by DNA”
Noula Tsavdaridis, The Advertiser 21.10.2000
The American Heritage College Dictionary, 3rd edition, 1997, Houghton Mifflin Company, Boston MA, 476.
He lied to Clarence’s defense attorney to get Clarence before the Grand Jury and then lied to the Grand Jury to get a murder indictment. He then lied to keep Clarence from getting bail. The last lie that the DA told was to prevent the defense from even getting access, as required by law, to any of the state’s evidence. The medical evidence that would have cleared Clarence was “lost." The original exhibits in Clarence’s two trials were "stolen." The medical examiner "forgot" the results of the dead girl 's autopsy, "mislaid" his notes and "threw out" the samples he had taken from her body (Gores, 1991). Texas Ranger John Styles terrorized witnesses whose testimony would have supported Clarence’s innocence, then coached the rest into telling outright lies. Styles also reversed the polygraph test supporting Clarence’s
...lice or lawyers used their integrity. The police skirted around the law and use evidence that the witnesses said was not correct. They had a description of the suspect that did not match Bloodsworth but, they went after him as well. They also used eyewitness testimony that could have been contaminated.
The evidence presented to myself and the other juror’s proves that Tyrone Washburn is guilty beyond a reasonable doubt of the murder of his wife, Elena Washburn. On March 12, 1979 Elena Washburn was strangled in the living room of her family’s home. Her body was then dragged to the garage, leaving a trail of blood from the living room to the place it was found. Her husband, Tyrone Washburn, found her in the family’s garage on March 13, 1979 at 1:45 A.M. When officer Dale Chambers arrived at the scene he found her lying face down in a pool of blood. The solid evidence in this case proves only one person, Tyrone Washburn, is guilty of murder.
found behind the guest house was proven by DNA testing to have O.J.'s blood and
Even though the prosecution presented evidence to the court, the only clear-cut hard fact the prosecution had against Anthony was that she failed to file a report for her missing daughter Caylee and that when she finally did a month after her daughter had gone missing, she proceeded to lie profusely to the authorities on the events that took place. The prosecution focused highly on the forensic evidence of decay located in the trunk of Casey Anthony’s car. The use of a cadaver dog to search the vehicle led investigators to be able to determine that a decomposing body had been stored in the trunk of the car. The forensics department used an air sampling procedure on the trunk of Casey Anthony’s car, also indicating that human decomposition and traces of chloroform were in-fact present. Multiple witnesses described what they considered to be an overwhelming odor that came from inside the trunk as it where the prosecution believes Caylee’s decomposing body was stowed. Several items of evidence were ruled out to be the source of the odor, as experts were able to rule out the garbage bag and two chlorine containers located in the trunk as the source. The prosecution alleged that Casey Anthony used chloroform to subdue her daughter and then used duct-tape to seal the nose and mouth of Caylee shut, inevitably causing her to suffocate. Based off the
Kassin, Saul, and Lawrence Wrightsman (Eds.). The Psychology of Evidence and Trial Procedure. Chapter 3. Beverly Hills: Sage Publications, 1985. Print.
...on’s blood was found at the scene of the crime. There may be ways to plant such evidence, but it would be rather difficult to draw blood from a man without him realizing it and planting it at the scene of a crime. I also would have expressed that O.J. had a motive to kill his ex-wife, as well as a history of violent outbursts towards her. With all of the evidence that the prosecution had at their disposal, they should have been able to pin the murder on O.J. beyond a reasonable doubt. Everything pointed to O.J. and showed that he was the murderer. The only thing the prosecution was not able to do was fit the bloody glove on O.J’s hand. The only issue is, the glove was made of leather and had been soaking in blood prior to being found. When leather is soaking in a liquid, it tends to shrink. If only the prosecution had realized this, the case would have been theirs.
Because Simpson was the prime suspect, the judge legally ordered searches on O.J’s house as well as the crime scene. The goal was to find proof that he did commit the crime, by finding DNA or items. Shortly after the searches and tests began, evidence was found. DNA from the crime scene matched the DNA of O.J. Although proof was found, Simpson continued to plead not guilty. Surprisingly enough, O.J st...
The defense succeeded at instilling reasonable doubt in the jurors’ minds. A major difference between the defense and prosecution, as stated by Dershowitz, was that the defense relied on factual evidence and scientific experts while the prosecution utilized witnesses that casted a shadow of doubt upon the whole jury (Dershowitz 97). Dershowitz claimed the prosecution knew they had falsities in their case, but kept them in order to win the case (Dershowitz 96). In all, though many people viewed Simpson as a guilty man, the allegations of police perjury and investigative errors allowed the defense to exploit and capitalize on the faults carried out by the prosecution and ultimately implant reasonable doubts in the minds of the jurors.
The prosecution says DNA tests place Simpson's genetic markers on the drops of blood leading away from the bodies. There were also blood samples, similar to Simpson's and the victims, found on O.J.'s Bronco truck. Simpson's blood was also found on his driveway and his foyer. The prosecution says Simpson cut his hand during the murder. The defence says Simpson cut his hand when he reached for his phone in his Bronco and later cut his hand on a glass. The main focus of the defence is the contamination of physical evidence.
The evidence discovered during the investigation suggested to the police that OJ Simpson may have had something to do with this murder and they obtained an arrest warrant. The investigators believed that they “knew” OJ Simpson committed the murders. His lawyers and him were informed of the arrest warrant and agreed to a specified time when OJ would turn himself into authorities. Investigators are later admonished, by the defense, on how they handled the crime scene.
The officers tampered with evidence and made a false discovery that he was the person and that is how he was convicted (Innocent Project N.D.). Many forensic methods have been implemented in research when looking for evidence, but the methods that are not scientific and have little or nothing to do with science. The result of false evidence by other means leads to false testimony by a forensic analyst. Another issue with forensic errors is that it is a challenge to find a defense expert (Giannelli, 2011).
Believe it or not, wounds from the victim are also evidence. The wound can allow the investigators to match up any marks that could have been made from the weapon and therefore allows them to determine at what angle, distance, and how fast the weapon was used. The last type of evidence I will discuss is documents. Everyone has different handwriting and different characteristics that make it unique. Computers are also unique in the way they type and print things.
Fairchild, H. & Cowan, G (1997). Journal of Social Issues. The O.J. Simpson Trial: Challenges to Science and Society.
The O. J. Simpson Trial 1995 Professor Shea Criminology CCJ1001 July 26, 2017. It was the night of June 12, 1994, a woman and her long-time male friend were murdered in cold blood. The victims, Nicole Brown Simpson, her neck cut so savagely it almost severed from her body and Ronald Goldman, stabbed repeatedly, nearly 30 times. The accused, her ex-husband and football star, Orenthan James Simpson, better known as O.J. Simpson. During the trial, a trial that consisted of 150 witnesses, lasted 133 days and cost in the ball park of 15 million dollars, there were many questions asked and even more questions left unanswered (Douglas).