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Reliability of memory
Eyewitness Identification and Testimony
Summary essay of eyewitness testimony
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affect our memory. It is important to be aware of these factors and to question the accuracy of our own memories. commit due to inaccurate eyewitness testimony. Cognitive psychologists have conducted extensive research on the reliability of eyewitness testimony and have found that it can be influenced by a variety of factors, including stress, leading questions, and post-event information. In fact, studies have shown that eyewitnesses are often inaccurate in their descriptions and identifications, which can have serious consequences for the accused. As Loftus explained in her TED TALK, it is crucial that we recognize the limitations of eyewitness testimony and take steps to ensure that it is not the sole basis for a conviction.
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.
Eyewitness testimonies are also valued unique factors they can bring to criminal investigations. Nevertheless, an eyewitness testimony can also raise several factors that threaten its credibility, especially for those who haven’t had prior training in assessing witness reliability. It has been suggested, for instance, that jurors only have their common sense as their guides when their witnesses have strenuous claims (Schechel et al., 2006, p.178).
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).
Eyewitnesses are primarily used by the criminal justice system for investigating and prosecuting crimes, particularly in circumstances where it is the only evidence available (Wells & Olson, 2003). Their testimony is highly regarded as it allows for police, prosecutors, judges and juries to establi...
Fradella, H.F. (2006) Why judges should admit expert testimony on the unreliability of eyewitness testimony. Federal Courts Law Review. Retrieved from http://www.fclr.org/fclr/articles/html/2006/fedctslrev3.pdf
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
Memory is an important part of our lives. It fills us with comfort, warmth, and happiness when recalling a joyous event; it may also illicit feelings of anger, sadness, or discontent. Unfortunately, our memory is not as perfect as we may think. In fact, our memory is extremely malleable. Most people think memory acts as a tape recorder; you experience an event, and like a video tape, you can replay the event over and over in exact detail as it happened. This belief could not be further from the truth. In fact, our memory is constantly being shaped by external factors. It is reconstructed in the way we want to remember it. Memory does not act as a tape recorder; rather it is constructed by us and warped by time, emotions, and external forces. Such forces can include the input of family members and friends who want “get the facts straight” with their recollection of the event. This falsification effect can have severely damaging consequences, not only for the person undergoing the recollection, but also for those under attack for these recovered memories.
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.
Memory is the tool we use to learn and think. We all use memory in our everyday lives. Memory is the mental faculty of retaining and recalling past experiences. We all reassure ourselves that our memories are accurate and precise. Many people believe that they would be able to remember anything from the event and the different features of the situation. Yet, people don’t realize the fact that the more you think about a situation the more likely the story will change. Our memories are not a camcorder or a camera. Our memory tends to be very selective and reconstructive.
With the development of the research about memory with psychological experiment, scientists have been figured out how the human brain works to remember some information and forget it. Some of the new scientific show effective learning results. This essay will analyze the memory and various ways of boosting memory for effective study.
According to Sternberg (1999), memory is the extraction of past experiences for information to be used in the present. The retrieval of memory is essential in every aspect of daily life, whether it is for academics, work or social purposes. However, many often take memory for granted and assume that it can be relied on because of how realistic it appears in the mind. This form of memory is also known as flashbulb memory. (Brown and Kulik, 1977). The question of whether our memory is reliably accurate has been shown to have implications in providing precise details of past events. (The British Psychological Association, 2011). In this essay, I would put forth arguments that human memory, in fact, is not completely reliable in providing accurate depictions of our past experiences. Evidence can be seen in the following two studies that support these arguments by examining episodic memory in humans. The first study is by Loftus and Pickrell (1995) who found that memory can be modified by suggestions. The second study is by Naveh-Benjamin and Craik (1995) who found that there is a predisposition for memory to decline with increasing age.
Suggestibility is the tendency to incorporate false or misleading information into another individual’s personal recollections. Our brain does not store all the details from our everyday experiences so the brain can be susceptible to accepting suggestions about what actually occurred. Suggestibility is very prominent when dealing with childhood memories. Psychologists have used the idea of suggestibility to implant false information into people’s memories in order to make them believe that the experience actually occurred (Murray