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Effects of emotions on eyewitness testimony
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An eyewitness is considered to be a valuable asset for police officers who are involved in solving crimes in order to protect the community and convict those who are in the wrong. An eyewitness is a person who has either seen a crime or has some sort of knowledge of the wrong doing and can be a victim or bystander. When the police begin to question the witness, the accuracy of the answers will depend on the clarity of the memory, and the ability to recall and retrieve the memory. In order to understand eyewitnesses and their reliability when it comes to identifying a perpetrator, we must study memory which falls under the umbrella of cognitive psychology.
In the process of memory, there are three stages which are;
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We are only aware of it when some sort of attention is directed towards it in the processing of transferring information to the short term memory. In order for the processing to occur in the short term memory, any stimulus must first be registered to be selected/ If the sensory information is not at tented to, it is lost quickly usually within seconds. Sensory information is tired into two sub systems called sensory registers. Within this, where are two types of memory called iconic memory and echoic memory. Iconic memory is all information that is held in the visual sensory register and lasts for 0.2-0.4 seconds and echoic memory is information held in the auditory sensory register, lasting for 3-4 seconds. Furthermore, the sensory register acts as a filter to keep out irrelevant and unimportant information that could clutter our sensory …show more content…
In this effect, witnesses are likely to recall details about the weapon, but less likely to remember other details such as the description of the perpetrator. This obviously affects the reliability of the eyewitness as they pay less attention to other important details of the crime scene. it is suggested that because the weapon diverts the attention of the witness, details can not be recalled. The witness may also feel emotional stress such as anxiousness which can once again affect the ability to remember certain details and therefore influence the eyewitnesses ability to identify a
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.
Memory is not reliable; memory can be altered and adjusted. Memory is stored in the brain just like files stored in a cabinet, you store it, save it and then later on retrieve and sometimes even alter and return it. In doing so that changes the original data that was first stored. Over time memory fades and becomes distorted, trauma and other events in life can cause the way we store memory to become faulty. So when focusing on eyewitnesses, sometimes our memory will not relay correct information due to different cues, questioning, and trauma and so forth, which makes eyewitness even harder to rely on. Yet it is still applied in the criminal justice system.
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
Human memory is flexible and prone to suggestion. “Human memory, while remarkable in many ways, does not operate like a video camera” (Walker, 2013). In fact, human memory is quite the opposite of a video camera; it can be greatly influenced and even often distorted by interactions with its surroundings (Walker, 2013). Memory is separated into three different phases. The first phase is acquisition, which is when information is first entered into memory or the perception of an event (Samaha, 2011). The next phase is retention. Retention is the process of storing information during the period of time between the event and the recollection of a piece of information from that event (Samaha, 2011). The last stage is retrieval. Retrieval is recalling stored information about an event with the purpose of making an identification of a person in that event (Samaha, 2011).
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.
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.
Memory is an important and active system that receives information. Memory is made up of three different stages sensory memory, short term memory, and long term memory. According to the power point presentation, sensory memory refers to short storage of memory that allows an individual to process information as it occurs. Short term memory refers to memory that is only available for a limited time. It is information that is held for seconds or sometimes even minutes. Long term memory refers to memory that is stored for a long period of time and it has an unlimited capacity with the ability to hold as much information as possible. Retrieval is key and it allows individuals to have memories. Episodic memory refers to memory for events that we
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.
Eyewitness testimony has long been viewed as important evidence in court cases. The general population believes eyewitness identification more than any other evidence, even if the witness account is conflicting with the other evidence presented. Studies show that eyewitness testimony is unreliable, and yet it is still considered the most important form of evidence. People think that if a person says they saw something then it must have happened. Currently there are no universal guidelines on how to obtain and present such evidence. The purpose of this paper is to explain why eyewitness testimony is unreliable, and discuss the proposed guidelines on how law enforcement agencies should gather identifications, as well how the courts should handle such evidence. The author will begin by providing a history of eyewitness testimony and the studies that have been done regarding the validity of eyewitness identifications. Next, she will discuss eyewitness identifications and why they are unreliable. Finally, she will address the proposed universal guidelines for law enforcement agencies and the courts.
During the identification and prosecution of a suspect, eyewitnesses are of the utmost importance. They provide crucial information that determines the fate of the criminal, whether their memories are true to the event or slightly altered. Many eyewitnesses, being the victims of these crimes, have strong emotions related to the event. It has been found that emotions play a role in the accuracy and completeness of memories, especially in eyewitness testimony (Huston, Clifford, Phillips, & Memon, 2013). When emotions are negative in content, accuracy increases for memory of an event (Storbeck & Clore, 2005; Block, Greenberg, & Goodman, 2009). This finding holds true for all types of eyewitnesses, including children. There is no difference in memory between children and adults for aversive events, suggesting that the child eyewitness is just as capable as the adult eyewitness to give an accurate testimony (Cordon, Melinder, Goodman, & Edelstein, 2012). For my research paper, I will focus on the role of emotion in children’s eyewitness testimony.
Furthermore this article expands upon this subcategory of memory by describing the two types of tasks involved with it: verbal-production ta...
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.
Valentine, T., Maras, K. (2011) “The effect of cross-examination on the accuracy of adult eyewitness testimony” Applied Cognitive Psychology, 25 (4), 554-661.
Eyesight is a sense that is very reliant on perception to make sense of the world around us, but that reliance can get us in trouble sometimes when our perceptions become faulty. A very debatable topic in the world of law enforcement and judiciary punishment is the use of eyewitness accounts as reliable sources to conclude the guilt or innocence of a suspect. In the famous psychology experiment done by Elizabeth Loftus, the reliability of eyewitness accounts is questioned. In the experiment, participants were asked to watch videos of different car crash scenarios, and then asked to answer simple questions about what was happening in the video like “how fast the car was going when it impacted the second car?” But the questions were altered slightly for each participant; simply by changing the verb impacted to something like smashed, or tapped greatly changed the participants answers.