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Eyewitness testimony is both fundamentally unreliable and over-relied upon
The problem with eyewitness testimony
Eyewitness testimony identification
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Eyewitness Identification
What You See Is Not Always What You Remember
Terri L. Dittenber
Ferris State University
Abstract
In this paper, I will look at what can go wrong in eyewitness identification. We will discuss if eyewitness identification can be considered valid evidence for convicting individuals of a crime. And what precautions can be put into place to protect individuals from wrongful conviction and help make the process more trustworthy.
Eyewitness Identification
What You See Is Not Always What You Remember What Went Wrong
Eyewitness identification has been used to convict criminals for many years. With the new use of DNA we are finding that many individuals convicted using eyewitness identification are in fact victims themselves.
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Time is one of these factors, evidence shows that when eyewitnesses were interviewed shortly after the act had taken place the more accurate the description was, while the longer an eyewitness goes before being questioned about identification the more likely it is there will be a false identification. Another factor that can play into this is other eyewitnesses to the act. In a study in which students were exposed to a criminal act after the act was committed the professor put false information as to the hair color of the …show more content…
Yet, even after all the effort she placed into ensuring her assailant was convicted, and picking the same individual out of both a photo and physical line up, she still was unable to identify the correct person. When Jennifer participated in the photo lineup she was given several photos to choose from, it took some careful study and narrowing down for Jennifer to decide that her assailant was Ronald Cotton. Even when the Ricky Cotton was found to be innocent of the crime against Jennifer it took her a while to accept this due to what her mind and memory had come to believe. Professor of psychology Gary Wells tells us that when a person takes more than ten to fifteen seconds to make an identification they will most likely identify the wrong person. Professor Wells also stated if a person is given more than one photo at a time to view, they tend to compare the photos to one another and try to narrow down a suspect assuming that they must be in the lineup. Also noted in several of the studies was, when an individual received positive reinforcement after making an ID in a lineup it alters that person’s memory. While police may be trying to assure the person that they are doing a good thing what they are doing is changing the way the person remembers the
McNamara, J. M. (2009). Sketchy Eyewitness-Identification Procedures:A Proposal to Draw up Legal Guidelines For The Use of Facial Composites in Criminal Investigations. Univesity of Wisconsin Law School, 764-799.
I personally feel that this is a much more reliable and accurate than relying on the testimony of witnesses. I believe through the use of science we as a society can now make sure that the guilty are caught and punished while the innocent are protected from wrongful prosecution. However the eyewitness should not be completely left out of the case against the possible offender. After it is determined through scientific evidence, in this case DNA, that the physically involved in the crime then witnesses can be brought in to give testimony that the offender was present at the crime scene or the victim can be sure that the accused was truly the one involved in the actual crime.
On the night of the incident, Thompson did her best to get as many good looks at her perpetrator as she could. With every bit of lighting offered, she analyzed the man’s facial features, height, weight and race. After talking ...
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...
The Central Park Jogger case is one of false confessions to a crime, with a little help from police, which the defendants did not commit. Evidence taken at the crime scene did exclude the defendants, however, because of videotaped confessions they were sentenced to prison for a crime they admitted to committing even though they did not. It was not until many years later did the original perpetrator step forward from prison to admit he was the one who committed the crime with evidence (DNA) and firsthand knowledge of the scene. The five original defendants were released from prison but until serving a lengthy term. There are cues that can be noticed when investigators are conducting preliminary interviews that have a very high rate of success in determining the guilt or innocence of an individual. Some of these cues may be verbal such as a rehearsed response (Kassin, 2005). Other types of cues may be nonverbal body language such as a slouching (Kassin, 2005).
Eyewitness misidentification cost innocent people to end up in prison. Eyewitness misidentification is the single greatest cause of wrongful convictions in the United States, having played a role in more than 70% of original convictions later overturned by new DNA evidence(Dunn). This explains eyewitness misidentification is not a reliable solution to prison the suspect and deal with other solution. The suspect is effected because the suspect goes through terrible life for crime they did not commit and false witness hunts
Another factor associated with wrongful convictions is eyewitness misidentification. The Innocence Project identifies eyewitness misidentification as the single most important factor leading to wrongful convictions. Eyewitness misidentification is often an error due to witnesses being under high pressure, witnesses focusing on the weapon more than the offender, and police procedures when receiving an identification statement from a victim. A study
Wells, G. L., Olson, E. A., & Charman, S. D. (2002). The confidence of eyewitnesses in their identifications from lineups. Current Directions in Psychological Science, 11(5), 151-154.
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
Wells, G. L., & Bradfield, A. L. (1998). “Good, you identified the suspect”: Feedback to eyewitness distorts their reports of the eyewitness experience. Journal of Applied Psychology, 83(3), 360-376.
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 eyewitness testimony video part one revealed the story of Ron Cotton, and how he was unfairly convicted of a rape due to an incorrect recollection of memory. Jenifer, the victim of the case, studied the picture line-up for nearly five minutes before choosing a perpatrater; however, the actual rapist was not in the line-up. I now understand that the chance of picking the wrong criminal are much higher when the actual criminal is not a choice in the line-up. In the eyewitness testimony part two video, I learned that over 75 percent of people that were wrongly convicted were convicted due to false memories. Additionally, I found out that when police give positive reinforcement, memories are altered to fit what was said. This video also explained
Why Eyewitness Testimony is Garbage Eye witness testimony has been used in United States courts since its inception, but it is a lot less credible than most people think. The idea of someone's memories and testimony being credible enough to lead to someone's incarceration has been debated for years. There are more instances where eyewitness testimony is more detrimental to a trial than it is helpful. Eye witness testimony is not credible and should not be able to lead to incarceration. 73% of eye witness incarcerations were overturned with DNA evidence.
As such, they are said to have a higher rate of misidentifications. Wells (1993) proposed that because simultaneous line-ups induce relative judgements, witnesses may compare all people in the line-up with one another. Therefore, they choose the member that looks most like the culprit. Their choice will be the most similar to their memory. A person’s memory is fallible and can be manipulated; therefore, a witness relying on their memory is not reliable. Therefore, simultaneous line-ups increase the risk of a misidentification.
Eye witness testimony along with fingerprints and hair collectively helped us determine that the suspect in custody is the correct suspect who committed this