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Validity of eyewitness testimony
Validity of eyewitness testimony
Validity of eyewitness testimony
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The police arrested Roman Ballantyne and charged him with second-degree murder in the death of a Fort St John man. At the trial, they presented eyewitness testimony as evidence of his guilt.
1. The problem
Eyewitness testimony plays an important role in any crime nowadays. It is also one of the most important types of evidence in court cases. However, many researchers have suggested that judges and investigators should know more about how reliable is eyewitness testimony. According to Read (2002) “It is important that we recognize the possibility of several stages or types of processing of event information because the greater the number of stages and cognitive activates involved, the greater the opportunities for error or low reliability”
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However, in the case of the charge of murder against Roman Ballantyne, the eyewitness testimony was not reliable based on the following reasons. The first eyewitness S.L. claimed to have observed only two assailants, and she did not identify the third one. In addition, there were other people who also reported that they had seen three young men together around the bar before the beating and they did not tell a complete description. According to Read (2002)" The remembered must necessarily reconstruct as complete a description as possible based upon less than 100% of the information. (p.86). Compounding the problem of imperfect access to all of the event information is the fact that testimony of an eyewitness, as finally offered at trial, can ask whether trial testimony reflects memory for the event or memory for all of the prior accounts of the event (Read, 2002, …show more content…
came and reported the police that she had seen the attack too. J.A. indicated that she had been drinking and had seen only part of the attack and a third attacker. However, alcohol has a significant effect on eyewitness identification abilities (Gazzaniga, 2007, p. 89). The amount of time a witness has to observe a perpetrator and the length of time between the witness's observation and the identification of a police suspect are two common factors to consider in crimes involving eyewitness testimony (Read, 2002, p.101). In addition, the police prompted two conditions to construct a second photo for her to look at. For example, the police inserted Roman Ballantye photograph among seven head and shoulders photos of different young meals. For the first time, and while under the influence of alcohol she chose two members and one of them was Roman Ballantye. Also, the police constructed a second photograph and J.A selected one person and it was not Romn Ballanty. In addition, understanding the effect of alcohol on memory is critical for police, investigators, and jurors to be able to judge the verity of statement and evidence (Read, 2002,
During the retrial, neither of the witnesses that provided testimonies would be allowed to testify. On April 22, 2008, the Crown called no evidence on Baltovich’s retrial, granting him his freedom after spending eighteen years trying to prove his innocence; there was no evidence of the murder for the last eighteen years and it was finally being
On Bloodsworth’s appeal he argued several points. First he argued that there was not sufficient evidence to tie Bloodsworth to the crime. The courts ruled that the ruling stand on the grounds that the witness evidence was enough for reasonable doubt that the c...
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.
John smith, the accused, stood up in the courtroom and started yelling at the judge about what he thought of his innocence irrespective of the decision that the judge would make. He also cursed the prosecutor and kept quiet when his lawyer warned him of the negative consequences that would follow if he continued with the same behavior. Smith
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...
On February 2nd, 2016, in trial of the Odysseus, the jury found the defendant guilty of both counts of unjustifiable first degree murder. While both sides of the trial had differing points, the defense had an overall weak and unconvincing case while the prosecution provided strong evidence of these unjustifiable murders using a variety of persuasive techniques.
The court must find more evidence and not to depend on eyewitness testimony and to look for the best people as possible. Besides, there more evidence that DNA testing. Eyewitness must be proven in order to arrest the right suspect and question the suspect to get more evidence in steady of keeping in prison for false witness. The police for tracking everywhere the suspect went and people the suspect contact with that time. It will solve the problem by asking the eyewitness question and the suspect questions to see if both things they said
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.
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.
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
The human mind is not like a tape recorder; we don’t record events exactly as we see them and we don’t recall them as clearly when we try to replay them in our heads. Eyewitnesses are not a special case. They’re the same as each and every one of us and are unable to recall events exactly like they happened and undergo different factors that could cause their memories to be distorted or influenced and therefore inaccurate. Most jurors’ find eyewitnesses and their identifications to be reliable and are unable to tell if what is being said is true. Given the persuasive nature of eyewitness evidence, as well as the inherent danger of misidentifications, it is imperative that the procedures of the criminal justice system contribute to these problems in order to ensure that the most reliable evidence possible makes it into a courtroom and before a jury. There is research that not only indicates but also supports the hypothesis of this study by stating that, “…the current framework for evaluating the admissibility of eyewitness identification evidence does
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.