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Are eyewitness testimonies accurate
The credibility of eyewitness testimonies
The importance of eyewitness testimony
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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. In this essay I shall discuss the work and research contributed by Bartlett, and Loftus as to whether accuracy plays a vital role in eyewitness testimony compared to other aspects of memory use. Retrieval failure is an everyday experience for many of us. We also often experience problems with storing new information. This usually occurs because simply the person concerned is not paying attention. Perhaps more importantly memories can become scrambled, in the process of retrieval; as a result the scrambled memory is recalled-along with mistaken details instead of your original memory. In the case of eyewitness testimony, this may lead to wrongful convictions. The history of the United States justice system, like those of other countries is littered with wro... ... middle of paper ... ...ccuracy may be considered more important in eyewitness testimony than in any other memory use on the basis that the consequences of eyewitness accounts can be severe, and is not to be taken light-heartedly. However, eyewitness testimony can play a beneficial part in the criminal justice system if factors such as police procedures are controlled under the strict guidelines. It should be kept in mind though, that even if all the social aspects mentioned are completely controlled, there still remains the possibility that errors will continue to occur due to memory recall errors, and overly emotional witnesses who simply wish to see someone punished for their crimes. But regardless of this fact, there would undoubtedly be a remarkable recovery from the present 45% wrongful conviction rate as displayed within many studies.
The use of eyewitness statements and testimony’s can be a great source of information, but can also lead to wrongful convictions. Due to eyewitness testimony, innocent people are convicted of crimes they have not committed. This is why the wording of a question is important to consider when interviewing witnesses. Due to the fact that eyewitness testimony can be the most concrete evidence in an investigation, witnesses may feel they are helping an officer by giving them as much information as possible, therefore they may tell them information that is not entirely true, just to please them. This is why there are advantages and disadvantages to using open and close ended questioning at different durations of an interview. The way you word a question may impact the memory of a witness, this is because a person cannot completely memorize the exact occurrences of an event.
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.
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...
What Psychological Research Has Told Us about the Accuracy of Eyewitness Testimony L and P = Loftus and Palmer Pps = Participants EWT = Eyewitness testimony Despite the considerable importance juror’s place on EWT, psychological research has shown that EWT tends to be unreliable. This unreliability can be explained in terms of the reconstructive nature of memory (schema theory).
For example, when the victims want to remember something, or someone, strongly and with high confidence, the witness can still be wrong. The eyewitness is given all the photos of the suspects laid out to identify the person they remember committing the crime. Also the eyewitness is asked to identify each photo whether is the culprit or not. Prosecutors should look over the cases before relying on eyewitness. Prosecutors should not depend on eyewitness testimony because that will lead to wrongful convictions. The wrongful convictions span the criminal justice system from investigation and arrest to prosecution and trail(Ferrero). False conviction makes the justice system stronger and arresting innocent is wrong. And picking out person similar to the murder. Not catching the real suspect might cause the public risky. Public safety be in risk."Wrongful conviction is gravest violation of personal liberty and also poses severe public safety risks, as the real perpetrator could remain on the street," an innocence Project news release said. The real suspect might kill many people or if the eyewitness might be in risk. If the victim is still life might be kill again. Lying about someone is not good thing might have miserable life in their future.
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
The situation that I have thought of is, when I was on the jury for juveniles who committed first offenses. While I was listening to the lawyers depend these kids, I looked on the list and saw a familiar name. The name was a person I went to kindergarten with. She was being convicted of shoplifting. I could not believe it. All the thoughts of that soft, kind-hearted person went out the window. My behaviors were changed by the environmental influences. My thoughts were overcome with coldness. I felt that she choose her situation. Somewhere along she became part of the wrong crowd and never changed her situation. I also think that the situation changed what I thought of her.
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
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...
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
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.
Loftus has focused the bulk of her career on both the psychological and legal aspects of distorted or false memories, and her work demonstrates the facility with which memories and beliefs can be molded. Her findings regarding the strength of eyewitness testimony and repressed traumatic memories have helped change the notion that such testimony is absolutely reliable (Zagorski, N., 2005).”