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The importance of eyewitness testimony in the criminal justice system
Research proposal on stress and memory loss
The importance of eyewitness testimony in the criminal justice system
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Witnessing a distressing incident such as an act of violence tends to stimulate arousal and can be stressful. Research done in the area of memory and emotion has presented extensive evidence that stress has an effect on long-term memory process. Prior to encoding if stress is induced memory is preserved or enhanced for negative emotional, relative to neutral, information. This topic is extremely important because the heavy impact an eyewitness testimony has in court. In cases were an eyewitness provides a testimony against the perpetrator, the perpetrator is almost always convicted. There was been cases in which with the testimony of an eyewitness the perpetrator is locked away and years later is found to be innocent through scientific data …show more content…
As the researchers expected t-tests demonstrated that cortisol levels were considerably greater in the stress group immediately after experimental manipulation. Also, within the stress group cortisol levels were considerably raised immediately after stress induction and remained considerably raised throughout slideshow encoding. T-tests revealed that subjective arousal reaction was notably greater in the stress group throughout and directly after the experimental manipulation. Additionally, within the stress group involvement in the stress task considerably increased subjective arousal both throughout and immediately after stress induction. Results in memory accuracy produced a considerable main effect of stress group. Stress at encoding notably improved memory for the negatively arousing story generally. Memory accuracy did not significantly vary throughout slideshow phase as a function of stress group. Results produced an important main effect of misinformation condition demonstrating that misinformed subjects were considerably more expected than their non-misinformed counterpart to endorse misinformation at memory testing. Despite their hypothesis a significant three-way interaction between misinformation condition, stress group and story phase was not …show more content…
This result offers further proof for the idea that stress influences encoding of aversive events likely by the biasing of attentional processes towards emotionally prominent stimuli throughout encoding and the preferential strengthening of emotional memory representations by stress hormones during encoding and consolidation. Subjects that were stressed before encoding and reported that they were extremely aroused by the thematically negative situation, were consequently less likely to provide misinformation for the most negatively arousing portion of the slideshow. These findings provide additional support that stress enhances memory for negative arousing situations and expands this finding into the area of misinformation illustrating that stress and arousal mediated emotional memory heightening effects decreases vulnerability of emotional information to misinformation. There were a few limitations this study had the first one was the laboratory setting because there is a difference between a real life assault in which the state of arousal is activated by survival mechanisms and not a simple stress situation in which a speech is to be given in front of the experimenters. Also the participants memory was tested by having them recognizes the right answer out of four options in the real
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.
“Never judge a book by it's cover.” This statement is heard hundreds of times throughout one's life, but for some reason it is a natural reaction to do just the opposite. The notion should not have a pre thought opinion of someone because of the way they look or the things they do is baffling to some individuals. Chris McCandless, the main character of the novel “Into The Wild” by Jon Krakauer, is a victim of this scenario. In the Novel, Chris McCandless leaves the comfort of the “perfect” life that he has been given to live an independent life on the road. With no money and his own two feet, McCandless travels the country in hopes of eventually making it to Alaska to live off the land in the bush. As the reader moves through the book, they
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.
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
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.
Eyewitness Error: The justice system depends on eyewitness evidence to convict offenders. Eyewitness is a difficult task to achieve in the justice system. According to Wise, Dauphinais, & Safer (2007), in 2002 one million offenders were convicted as felons in America. Out of those one million offenders, 5000 of them were innocent in 2002 (Dauphinais, 2007).
There has been considerable debate worldwide, regarding the accuracy of eyewitness testimony in the criminal justice system. Particularly, arguments have surrounded wrongful convictions that have resulted from incorrect eyewitness evidence (Areh, 2011; Howitt, 2012; Nelson, Laney, Bowman-Fowler, Knowles, Davis & Loftus, 2011). The purpose of this essay is to consider psychological research about the accuracy of eyewitness testimony and its placement in the criminal justice system. Firstly, this essay will define how eyewitnesses and their testimonies are used within the criminal justice system and the current debate surrounding its usage. Secondly, the impact of post-identification feedback will be used to show the affect on the confidence of a witness. Thirdly, studies around gender related differences will show how a witnesses gender can affect memory recall and accuracy. Fourthly, empirical studies will be used to highlight how a psychological experience called change blindness can cause mistakes in eyewitness identification. Finally, the effect of cross-examination will be used to explore the impact on eyewitness accuracy. It will be argued, that eyewitness testimony is not accurate and highly subjective, therefore, the criminal justice system must reduce the impact that eyewitness testimony is allowed to have. Developing better policies and procedures to avoid wrongful convictions by misled judges and jury members can do this.
One cannot always accurately reproduce information due to the stages of memory processing that occur after witnessing an event. With each stage, the accuracy of the memory decreases. According to Aronson, Wilson, and Akert (2013), the first stage is acquisition. Acquisition is the process by which people notice only certain information in a particular setting because they cannot perceive everything around them. Also, witnessing a crime often occurs quickly, unexpectedly, under poor viewing conditions, or while focus is on another object, such as a gun. These circumstances significantly decrease the amount of accurate information that the observer will acquire, and the likelihood for accurate reproduction of the event in testimony is lessened (Aronson et al., 2013). According to Fradella (2006), acquisition is dependent upon the same individualized factors that are present in perception and expectations. Expectations impact what information an observer seeks out or avoids, ultimately impacting their overall memory (Fradella, 2006).
...elying on the time, individual, subject and other factors. These findings have technically made a vital contribution to us. For instance, juries in judiciary of law usually take Eyewitness Testimony (EWT) really solemn. However, the usage of DNA technology recently has substantiated what some psychologists have alleged for a quite long periods that eyewitnesses can be incorrect. Although memories can be astonishingly true over long periods of time, it tends to be reconstructive rather than reproductive. Memory is able to compose broad idea of previous events, however it is much more simplified and is very biased and idiosyncratic among human beings. For that reason, we should be conscious of the memory subjectivity, particularly when we count on its authenticity and precision when scripting a history, in eyewitness testimonies or even scripting a memoirs or journal.
This study took place because if memories are believed to be inaccurate then why are things such as eyewitnesses’, in legal proceedings, taken so seriously when their memory can easily be false
Children are extremely susceptible to recalling false memories due to suggestive questioning (Quas et al., 1999). Therefore, it is very important that the most accurate testimony is retrieved from the child, and this can be done through emotional focusing. It has been found that emotional focusing increases autobiographical memory, meaning that the more emotionally focused the child is, the better they remember events from their own life (Drummond, Dritschel, Astell, O’Carroll, & Dalgleish 2006). In one study, children were taken to a pretend zoo and reminisced about their experience two days later. They found that children who reminisced about emotions recalled more information about the tr...
EARLY LIFE: What does the girl destined to be next in a long line of Slayers do with the first fifteen years of her life? Well, if you're Buffy Summers, and you never had a Watcher until you were called, you do what every other Los Angeles girl would do: stay pretty, shoplift lipstick, paint your nails, and think about really vapid and shallow things. Buffy excelled at it. She was even named Fiesta Queen (Hemery High's version of the May Queen). Most of her life was filled with boys and clothes, and not much thinking or homework or worrying about the future. She loved figure skating, took lessons, and even cut her hair like her ice skating idol Dorothy Hamill. Her favorite stuffed animal was a stuffed pig that she called Mr. Gordo.
Further biological research on the effect of psychological trauma on the neurochemistry of memory may help clinicians distinguish between true repressed memories and false memories in clients who report abuse. However, to date there is no method to determine the accuracy of these memories. Therefore clinicians and the courts must rely on corroborative evidence, and behavioral and physiologic clues to distinguish veracity.
Eyewitness testimony is especially vulnerable to error when the question is misleading or when there’s a difference in ethnicity. However, using an eyewitness as a source of evidence can be risky and is rarely 100% accurate. This can be proven by the theory of the possibility of false memory formation and the question of whether or not a memory can lie. For instance, a group of students saw the face of a young man with straight hair, then heard a description of the face supposedly written by another witness, one that wrongly mentioned light, curly hair. When they reconstructed the face using a kit of facial features, a third of their reconstructions contained the misleading detail, whereas only 5 percent contained it when curly hair was not mentioned (Page 359). This situation shows how misleading information from other sources can be profoundly altered.