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Eyewitness testimony
Eyewitness testimony importance in law
Eyewitness testimony
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Eyewitness testimony is the evidence given in a court or in police investigations by an individual who has witnessed a crime or offense (Loftus, 2003). Eyewitness testimonies rely heavily upon a human’s memory. “Given the complex interaction of perception, memory, judgment, social influence, and communication processes that lead up to an eyewitness’s story of what happened, it should hardly be surprising that such testimony often is a faulty version of the original event (Wells, 1987)." Eyewitness testimonies play an intricate part within the Criminal Justice System. In some cases, a jury may tend to evaluate what witnesses say more favorably and associate confidence level with how accurate their identification can be held in a court of law (Bradfield & Wells 2000).
Causes of False Eyewitness Testimonies
One of the primary reasons that errors in eyewitness testimonies are the leading cause of wrongful convictions is because it can be used as one of the most powerful pieces of evidence presented in a court against a defendant (Wise, Fishman & Safer, 441). In some cases, eyewitness accounts can be the only or primary evidence presented. This adds to the dilemma of eyewitnesses testimonies because it is hard not to take their word for it. “For instance, a 1987 study estimated that there are 77,000 criminal trials each year in the United States, the primary or sole evidence against a defendant is eyewitness testimony” (Wise, Fishman & Safer, 442). There are numerous reasons eyewitnesses may make a mistake in their accounts. One is human memory error, humans make mistakes their memory is not perfect. Another reason is eyewitness bias, which states that an eyewitness is influenced by factors like: their expectations, attitudes, knowled...
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...oing when they contacted each other?” Depending on which adjective she would use she would get a wide variety of answers. When she used the adjective smashed on average they would say 40.8 miles per hour, when contacted 31.8 miles per hour (Loftus, 2003). This relates to eyewitness testimonies because depending on how the questions are addressed, it can affect someone’s answer to what happened in the situation. This method is now widely used in law enforcement agencies when questioning an eyewitness.
Conclusions
Due to the complexity of eyewitness testimonies it can be extremely difficult for eyewitnesses to choose who they see as the offender. Previous research studies support that how questions are addressed can affect a witnesses responses. It also, supports that eyewitnesses will likely pick someone even if the individual is not 100% sure who the offender was.
The use of eyewitness statements and testimony’s can be a great source of information, but can also lead to wrongful convictions. Due to eyewitness testimony, innocent people are convicted of crimes they have not committed. This is why the wording of a question is important to consider when interviewing witnesses. Due to the fact that eyewitness testimony can be the most concrete evidence in an investigation, witnesses may feel they are helping an officer by giving them as much information as possible, therefore they may tell them information that is not entirely true, just to please them. This is why there are advantages and disadvantages to using open and close ended questioning at different durations of an interview. The way you word a question may impact the memory of a witness, this is because a person cannot completely memorize the exact occurrences of an event.
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.
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...
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.
Elizabeth Loftus, is a psychologist, mainly concerned with how subsequent information can affect an eyewitness’s testimony. Loftus has focused on misleading information in both the difference in wording of questions and how these questions can influence eyewitness testimony. This research is important because frequently, eyewitness testimony is a crucial element in criminal proceedings. Throughout Loftus’s career she has found a witness’s memory is highly flexible and subject to being influenced. The classic study by Loftus and Palmer (1974), illustrates that eyewitness testimony can be influenced by leading questions and ultimately proved unreliable.
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.
For example, the old man that lived beneath the boy and his father testified that he heard a fight between the boy and the father and heard the boy yell, “I’m gonna kill you,” along with a body hitting the ground, and then claims that he saw the boy running down the stairs. With this information, along with other powerful eyewitness testimonies, all but one of the jury members believed this boy was guilty. The power of eyewitness testimony is also shown in Loftus’s (1974) study. In this study, Loftus (1974) found that those who claimed to “see” something were usually believed even when their testimony is pointless. She discovered in her study that only 18 percent of people convicted if there was no eyewitness testimony, 72 percent of people convicted when someone declared, “That’s the one!”, and even when the witness only had 20/400 vision and was not wearing glasses and claimed “That’s the one!”, 68 percent of people still convicted the person. This proves that in 12 Angry Men and Loftus (1974) study, eyewitness testimony is very powerful and influential in one’s decision to convict a
Have you ever been an eyewitness at the scene of a crime? If you were, do you think that you would be able to accurately describe, in precise detail, everything that happened and remember distinct features of the suspect? Many people believe that yes they would be able to remember anything from the events that would happen and the different features of the suspect. Some people, in fact, are so sure of themselves after witnessing an event such as this that they are able to testify that what they think they saw was indeed what they saw. 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.
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.
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