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Accuracy of eyewitness testimony
Reliability of eyewitness testimony
Problems with eyewitness testimony psychology
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Introduction
Opening Paragraph:
Eyewitness accuracy can be described as the evidence given by witness to a event such as accident or a crime by relying on their memory. It is an important topic to study because it is crucial in criminal investigations, prosecutions and to describe criminal scenes. This is a crucial area to investigate in Psychology because eyewitness errors are the most common reason why innocent people are falsely convicted and the consequences of the latter can be lethal. Mindfulness, Trait Anxiety and Memory Conformity can be three predictable variables of eyewitness accuracy.
Mindfulness can be described as a psychological process that involves focussing our full attention on present experiences, noticing changes in
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(Wilber, 2000) further states that mindfulness is important for enhancement and maintenance of our well-being. It might be a predictable variable of eyewitness accuracy because by being mindful people can be more aware of their current experience rather than being worried about the past or the future (Cardaciotto et al 2008). In addition, by being aware people can accept their experience as what it is, letting go of judgments, elaboration or interpretation. There is no effort to avoid or escape to their experience (Cardaciotto et al 2008). Mindfulness training by doing learning meditation and yoga can help reducing and improve problems such as anxiety (Hofmann et al, 2010) and depression (Teasdale et al, 2000; …show more content…
Little research has investigated the role of mindfulness in eyewitness accuracy. More anxious participants will have intrusive thoughts about being competitive and evaluated and thus will be less able to focus on the eyewitness task. It’s not that obvious what effect memory conformity will have on eyewitness accuracy. If participants had to work in pairs then one would suggest that those higher in memory conformity would perform less well than low scoring counterparts. This study hypothesised that mindfulness will be positively predictive of eyewitness accuracy and trait anxiety and memory conformity will be negativity predictive of eyewitness accuracy.Thus, the present study aimed to investigate whether mindfulness, trait anxiety and memory conformity are predict variables of eyewitness
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...
Eye witness testimony can be a very important piece of evidence surrounding criminal cases but not always the most reliable. As discussed in the textbook Criminal Evidence: Principles and Cases, jurors often rely very heavily on eyewitness interpretations of an incident to determine whether or not a defendant is guilty. Since an adult is presumed to be competent, a juror will often make the assumption that the testimony provided is an accurate account of the events that took place. Amongst other factors, the amount of stress the witness is under at the time of the crime, the presence of a weapon, lighting and the lack of any distinguishable characteristics can play a role in creating a false memory. Under that extreme pressure, a witness is more likely not to recall certain aspects of an incident. Their attention may have been drawn elsewhere and they never noticed the suspect’s beard, tattoos or facial features which can be crucial identifiers. The consequences of falsely identifying a suspect due to false memories can ruin an innocent person’s life, have them convicted and cause them to be punished for a crime that they did not commit.
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.
In recent years, the use of eyewitness testimonies as evidence in court cases has been a subject in which various researchers have been interested in. Research suggests that eyewitness testimonies are actually not reliable enough to use as primary evidence in court cases. There have been many cases in which an innocent person gets sent to prison for a crime they did not commit because an eyewitness testified that they were the ones that they saw at the scene of the crime. Researchers’ goal is to improve the legal system by finding out whether eyewitness testimonies should be used in the court of law or not.
Spielberger, Charles Donald. "Eyewitness Identification." Encyclopedia of Applied Psychology. Oxford: Elsevier Academic, 2004. N. pag. Credo Reference. Web. 19 Nov. 2013.
Concentration and mindfulness are also considered fundamental components in mindfulness meditation. Concentration is the ability to focus on an object be it external or internal, without interruptions. In simple terms, this can be achieved by literally forcing our minds from attaching to any one thought or sensation. Mindfulness is more of a gentle awareness of what is occurring in the present moment. In union, these two techniques allow the self to center in on the true nature of reality. Of course this is no simple task and requires a lot of patience, persistence, consistence, and mental
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.
Mindfulness involves accepting our thoughts and emotions without judgment, and without believing that there is a right or wrong way to feel in a given situation. Our thoughts and emotions are not labeled as good or bad. They are observed as simply happening until they pass. While practicing mindfulness one does not rehash the past or imagine the future. Attention is focused on what is being sensed in the present moment. There is a sense of self apart from things. Mindfulness is moment to moment awareness and purposefully placing attention on things that we wouldn’t normally give a second thought to. Mindfulness can be thought of as a way of being, rather than an activity. It is the awareness of wondering thoughts and purposefully directing them back, rather than letting them
Specifically, mindfulness refers to the psychological state of awareness. Within this domain fall the practices that facilitate this awareness. In other words, you can think of mindfulness as a moment-to-moment awareness of both our experiences and our judgment. Keep in mind that mindfulness is not a trait. It is more a state.
To begin with, mindfulness is when someone can pay attention to the present moment “without being devoted to different points of view” (Martin, 1997). Along with staying focused on the present moment, mindfulness is when the particular person does not judge the current experience as the person tries to comprehend the present situation. Mindfulness makes a person reflect on one’s self by not only figuring out one’s thoughts, but also the feelings that go along with it. The complex nature of mindfulness demonstrates that it has multiple purposes that cultivates a person into realizing the potential of the brain (Davis & Hayes,
Representative studies including Loftus’s weapon effect study showed how attention has affected reliability. On the same token, research on the role of stress and emotion on eyewitness testimony provides additional information about the settings in which eyewitness testimony may be expected to be unreliable. Ultimately, we should be conscious on how our schemas work, as it can distort our memory through generalization and misinterpretation. All in all, schemas play a role in filling the big picture, but not the details, suggesting us to carefully monitor the details in what we expect, assume and
Living in the present allows me to live and tend to my thoughts and emotions that I often suppress or ignore. Working as a school counselor, I think that I will use mindfulness to help students with anxiety, behavior problems, and depression. I hope to use mindfulness in the future as I teach students how to use mindfulness in their own lives so that they can exist in the present and connect their mind with their body. Through using mindfulness in sessions with students and possibly in the classroom setting, I will give them a tool to help manage and become more self-aware of the thoughts and emotions they experience so they can learn how to better tend, express and manage them. However, without practicing mindfulness myself I would not have understood its power in the work of my client’s