An eyewitness is a person who has seen a crime occur and can therefore give information about what actually happened to hopefully assist the police find the offender and prosecute them for the crime. There are two main roles that an eyewitness performs. They are to recall information about the crime that has occurred or to identify the person that they saw commit the crime (Ainsworth, 1998). An eyewitness may also be asked to make a testimony in court in order to produce evidence that could help to convict the offender. These three roles of an eyewitness all largely rely on the psychological process of memory.
Identification of Area:
The main area of psychology that is used in relation to eyewitnesses is memory (Lecture, 2014). The most important type of memory used by an eyewitness is their episodic memory (Lecture, 2014). Episodic memory is the memory of an event that you personally experienced (Burton, Westen, & Kowalski, 2012). Eyewitnesses are required to access their episodic memories when assisting police with the events that happened and with helping police identify the offender. In order to retrieve these memories from their episodic memories, an eyewitness has to access two areas of their explicit memory; recall and recognition (Burton, et al., 2012). Recall is consciously bringing events of memory into awareness from long-term memory without the use of a cue (Burton, et al., 2012). An eyewitness would use recall when describing the how the crime occurred in an interview to the police, as well as if they made a testimony in court (Lecture, 2014). Recognition is consciously bringing events of memory into awareness from long-term memory with the use of a cue, such as a line up (Lecture, 2014). An eyewitness would use r...
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... older adults are more likely to remember false memories and information and have poorer recognition than young adults (Aizpurua, et al., 2009).
The articles on weapon focus effect suggest that an eyewitness’ identification is not always reliable. Evidence from the above articles suggests that eyewitness’ have poorer recall and recognition for the appearance of an offender as well as everything else going on in the location when there is a presence of a weapon (Pickel, et al., 2006; Pickel, 1998). It was also found that the memory of a witness is not only negatively effected by the presence of a weapon that is seen as a threat, but also and even more so by an object that is unusual (Pickel, et al., 2006; Pickel, 1998).
In conclusion, evidence suggests that eyewitness identifications are not reliable, however more research is needed before this can be concluded.
“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...
Hess, T. M., Popham, L. E., Emery, L., & Elliott, T. (2011). Mood, motivation, and misinformation: aging and affective state influences on memory. Aging Neuropsychology and Cognition, 13-34. doi:10.1080/13825585.2011.622740
Eyewitness is most common issue in the United States. Eyewitness misidentification is a major issue in the United States' Justice System, but there is a logical solution to end this problem instantly.
(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
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.
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). The Ohio Criminal Justice survey states that 1 out of 200 felony criminal cases is a wrongful conviction (Dauphinais et al., 2007). According to Dauphinais et al., (2007), Dripps said that eyewitness error is a huge factor in cases of wrong convictions. A study conducted in 1987 indicated that in roughly 80,000 criminal cases, eyewitness error was the only sole evidence against the defendant
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.
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
The goal of most of these studies is to improve the way eyewitness testimonies are treated rather than completely eliminating them from the legal system. Researchers suggest to inform jurors, prosecutors, defense attorneys, and everyone involved in court cases about the unreliability of eyewitness testimonies and to inform them about how to tell between a credited eyewitness and a discredited eyewitness. The more people that are informed about this issue, the less inaccurate convictions there will
Eyewitness testimony is defined as, “an area of research that investigates the accuracy of memory following an accident, crime, or other significant event, and the types of errors that are commonly made in such situations.” Much emphasis is placed on the accuracy of eyewitness testimony as often-inaccurate eyewitness testimony can have serious consequences leading to wrong convictions. Eyewitness testimony is a powerful tool within any field, particularly that of justice, as it is a readily accepted form of evidence that allows for convictions. However, Tests conducted by Loftus have shown an enormous swing from a non-guilty verdict, to guilty within the same case, simply through the introduction of an eyewitness. This alone displays the importance of eyewitness testimony, and accentuates the theory that jurors tend to over believe, or at least rely heavily on such accounts.
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.
According to Sternberg (1999), memory is the extraction of past experiences for information to be used in the present. The retrieval of memory is essential in every aspect of daily life, whether it is for academics, work or social purposes. However, many often take memory for granted and assume that it can be relied on because of how realistic it appears in the mind. This form of memory is also known as flashbulb memory. (Brown and Kulik, 1977). The question of whether our memory is reliably accurate has been shown to have implications in providing precise details of past events. (The British Psychological Association, 2011). In this essay, I would put forth arguments that human memory, in fact, is not completely reliable in providing accurate depictions of our past experiences. Evidence can be seen in the following two studies that support these arguments by examining episodic memory in humans. The first study is by Loftus and Pickrell (1995) who found that memory can be modified by suggestions. The second study is by Naveh-Benjamin and Craik (1995) who found that there is a predisposition for memory to decline with increasing age.
From a legal standpoint, eyewitness memories are not accurate. Though they all illustrate the same concept, each paper described different ways eyewitness memories were altered. One’s memory can be misleading by their own attributions towards the situation, what they choose to see and not see, and if the individual has been through a single event or repetitive stressful events. As human beings, our memories on all matters are not concrete. When retelling stories, we tend to modify the situation and tailor certain events, making the information provided unreliable. An eyewitness testimony changes the track of a trial and information that is given to the court can be ambiguous and can cause bias towards the circumstances. Eyewitnesses can even be confident in their retelling of a situation and explain a complete event, when in fact, that particular event never