Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Unreliable eyewitness testimony
The problem with eyewitness testimony
Effects on children and adults of eyewitness testimonies
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Unreliable eyewitness testimony
Eyewitness testimony and false imprisonment based on eyewitness
First off I would like to say eyewitness testimony is very questionable the human mind is very complexed and there are many issues with eyewitness testimony. One factor of eyewitness testimony was poor encoding in the brain or memory at the time of the event. Which means our mind did not process the memory correctly or has changed it in any way. When most people are endangering them only see the danger, not the person that is causing the danger or harm to them. The mind tries to focus on getting a solution to get out of the danger without death survival instinct kicks in fight or flight. The mind process and vision in many ways and fills in what it cannot see. In a bad situation
…show more content…
Memory has several flaws which affect reliability a person only remembers what they wish to remember we have short term memory and long term most is only remembered for a roughly 15 to 20 seconds or brain store things differently in different places. Remembering a face that is not as clear as one actually viewed, the human mind has a tendency for memories to be constructed so that missing information is supplied from our past or outside sources TV is a big one that makes faulty memories of human beings. Newspaper something we read could be triggered at the time. Other witnesses the person may have heard talking or describing could alter the mind. The human mind uses other from memories to interpret information and can distort the memory of the situation in memory. Even colors are remembered as brighter than they truly are. Maybe eyewitness can get right do you think? How about the criminal procedures they cannot be wrong or could …show more content…
In photospreads, there are numerous ways that one picture can be subtly different: lighting, color tone, brightness, sharpness, viewing angle, background or location of face in the frame (Green, 2013)”. According to Green these few factors alone cause eyewitness testimony to be 90 percent incorrect. However, digging a little deeper into the eyewitness testimony and police proceeding coming to eye witnesses (Green,
One of the key points that are point out in this case is that the eyewitness had variables that may have affected her memory causing her to point Williford as the culprit. One of these variables was weapon focus and its believed that the eyewitness focused more on the culprit’s weapon in this case it was a board used to beat and the gas used to set Foxworth on fire. The reason behind this is probably because of the unusualness of the weapons used in this attack thus causing the witness to focus more on the weapon than the culprit. Another argument that is being made in the validity of the eyewitness testimony is that she was exposed to information after the attack from newspaper causing the post-information effect. The cause of the effect in this case were that newspapers published pictures of the suspect which may have caused the witness to form false memories. It was also said that the eyewitness was shown a picture of Williford before picking him out of a photo array which is another potential way for the witness to form false memories associated with the picture. An additional point that’s made is because there were two other people involved in the attack that it would divert the attention of the eyewitness, thus causing her to remember fewer details about the culprits face. Despite all these arguments the witness stays with her choice of
In the magic of the mind author Dr. Elizabeth loftus explains how a witness’s perception of an accident or crime is not always correct because people's memories are often imperfect. “Are we aware of our minds distortions of our past experiences? In most cases, the answer is no.” our minds can change the way we remember what we have seen or heard without realizing it uncertain witnesses “often identify the person who best matches recollection
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.
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.
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 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.
This essay will discuss context-dependent research on one of the aspects of everyday memory, on eyewitness testimony. It will particularly focus on two directions of eyewitness testimony: cognitive interview and face identification. The discussion will go further on how that research can be applied in real life to facilitate the accuracy of eyewitnesses’ recall and recognition.
I feel that trusting an eyewitness is too risky and will lead to false judgment of a suspect. A human’s memory is often not a reliable source to rely on when judging a person. As seen in the experiment of Bartlett’s “war of ghosts”, people will often alter elements of a story that is unfamiliar to them and replace it with details that are more consistent to their culture. Likewise, memory can include information that a person did not actually experience but because it is expected and consistent with the schema. (Goldstien,
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.
Upon seeing the actual suspect moments earlier, the majority of individuals had chosen the wrong picture (Myers & DeWall, 2016), thus reinforcing the substantial effect of reconstructed memories. Before starting the evaluation, I would request that the individuals recount the memory of the suspect as little as possible prior to being interviewed. Due to the fact that information becomes more susceptible to outside influence the more it is retrieved from long-term to short-term memory (Myers & DeWall, 2016), this technique will aid the witness in retaining any truth inherent to the memory. Then, after interviewing the eyewitnesses and recording their results, I would request that they return every day in the course of a week and recount the same memory to me again.
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.