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Are eyewitnesses identifications reliable
Eyewitness identification essay
Eyewitness identification essay
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The problem of unjust conviction had always been a major issue for eyewitness scientists and it took the consideration of researchers to determine, whether the memory of eyewitness is reliable or not under some parameters. Evidence of identification by the eyewitness has a huge impact on the fate of the trial. It was believed that the lineup sequence can pose a problem in proper identification of the suspect. So the comparison of Sequential Lineup Procedure versus Simultaneous Lineup Procedure was scientifically carried out by Steblay et al. (2011). After that Wells et al. (2014) conducted further research. Instead of interpreting information collected from various sequential and simultaneous lineups performed in laboratories and using this laboratory data they studied actual eyewitness to crime scenes and further evaluated the sequential photo lineups and simultaneous photo lineups. Both Wells et al. (2011) and Steblay et al. (2014) kept in mind various parameters like back-loading, the continuation rule, the stopping rule, and the second viewing rule etc. Moreover, in laboratory tests a witness can guess the suspect multiple times but generally the …show more content…
The findings of Steblay et al. (2011) were based on the lab reports of other eyewitness researchers, while the focus of Wells et al. (2014) was field study. It must be kept in mind that the environment of both of the studies could be a crucial factor in determining true identification. The condition of the witness in the field study can never be the same as in the laboratory experiment. Wells et al. (2014) concluded that witnesses are less likely to make identification in the sequential lineup procedure and similarly there are less possibilities of misidentifying the known-innocent fillers (the persons other than the culprits). The simultaneous lineup must also be explored further as the factor of relevant judgment is of utmost
McNamara, J. M. (2009). Sketchy Eyewitness-Identification Procedures:A Proposal to Draw up Legal Guidelines For The Use of Facial Composites in Criminal Investigations. Univesity of Wisconsin Law School, 764-799.
“Eyewitness Identification: A Policy Review.” The Justice Project, Iowa State University. Web. 22 April 2014.
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.
Studies have shown that “eyewitness misidentification is the single greatest cause of wrongful convictions nationwide [contributing] […] [to] more than 75% of convictions overturned through DNA testing” (American Civil Liberties Union). The first situation resulting in the misidentification, was made when the police rounded up six men according to the ...
Eyewitness misidentification cost innocent people to end up in prison. Eyewitness misidentification is the single greatest cause of wrongful convictions in the United States, having played a role in more than 70% of original convictions later overturned by new DNA evidence(Dunn). This explains eyewitness misidentification is not a reliable solution to prison the suspect and deal with other solution. The suspect is effected because the suspect goes through terrible life for crime they did not commit and false witness hunts
(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
Wright, D. B. (2007). The impact of eyewitness identifications from simultaneous and sequential lineups. Memory, 15(7), 746-754. doi:10.1080/09658210701508401
Line ups and show-ups are typically used to identify a witness or a suspect. Lineups are an identification procedure, in which the witness or the victim is able to observe and pick out any possible suspects related to the crime. With a traditional lineup, a photo lineup can also be conducted. Investigators will rely on this method more frequently because there is an urgency to proceed in the case. As for a show-up, the witness of the crime is able to view the suspect alone, without other possible suspects. For example, when a suspect is apprehended, a police officer could rely on a show-up procedure and present the victim with a drive by of the detainee in an effort to identify the suspect. These identification procedures are important for the witness because they provided a comfortable setting in which can help them be as precise as possible in making an
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.
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
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.
It did not come as a shocker to me that most people would assume college student's "can't write" or have the inability to answer basic questions. In my personal experience living in Palau, being only 17, I always am the youngest amongst my peers. Therefore because of my age, I am considered incapable of making smart decisions or any decisions at all for that matter. But now that college has begun and I am what many would describe as "on my own", I am expected to think rationally and be responsible, as though not six months ago I was still asking for permission to go use the rest room. My point is this, that the world insists on treating us as children until it decides otherwise. After skimming through this article that discusses the research of directed self-placement, I've found myself pondering many things which