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Eyewitness testimony importance in law
Importance of eyewitness testimony in the criminal justice system
Importance of eyewitness
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We are very fortunate to live in a country where democracy is how we conduct our way of life. One of the great advantages of living here is that if someone is convicted of a crime that innocent until proven guilty. The hope and mission of our judicial system is to correctly convict the people who actually committed the crime. To prove their guilt while also making sure we are not convicting an innocent person. However, our system is not perfect and there are some chinks in our armor. Unfortunately, since jurors are just people and not computers or machines mistakes can be made. When putting your life in another person’s hands such as a juror you hope for the best, but that is not always enough. Sometimes there are certain variables, which …show more content…
According to Myers (2008), personal testimonies are very persuasive and significantly more compelling than abstract information. Most of the jurors took what the witnesses said as being facts without taking the time to question what they recounted. That was not the case for juror 8. Juror 8 was a reasonable, intelligent and thoughtful man who since the very beginning was never convinced that the boy was guilty. One explanation he gave was that in the woman’s testimony she stated that she saw the boy kill his father from across the street while a train was passing her window was questionable. Wouldn’t a train passing through her line of vision compromise what she saw? In addition, there was an old man who was also a key witness and he stated that he heard the boy scream, “I am going to kill you”. However, as juror 8 pointed out the el train was passing at that same moment so he would not have been able to hear the boy screaming if it was passing at the same time. Another point that juror 8 made is that it would not have been possible for the old man to walk through his apartment with a cane in just 15 seconds to see the boy kill his father as he had stated, indicating that he had lied. Another issue with the eyewitness testimony is that the woman was wearing glasses while giving her account of what happened however according to juror 8 she most likely was not wearing them when she awoke to see what was happening at night from across the street. His conclusion is that her vision was impaired making her testimony faulty. If it wasn’t for juror 8 the other jurors would never have questioned what either witness had stated. Both witnesses were confident that they were correct in their recollection of their memory however false memories often feel and look like real memories (Myers, 2008). It was up to the jurors
There are quite a few specific factors that affect whether the minority can influence the majority’s opinion. For example, when Juror #9 becomes an ally of support for Juror #8 in his defection from the majority consensus. Although Juror #8 may have started with only one ally, gradually he gained support from other jury members. Another important factor in the power of minority influence (Myers, 298) is the consistency of the viewpoint. Juror #8 never ‘flip-flops’, proponents of the minority position must stand firm against the pressure to conform. Even when Juror #8 is taunted by his fellow jurors after voting not-guilty in the initial vote he stands firm on his position and resists the pressure to conform. Furthermore, high self-confidence and self-assurance improves the position of the minority. Juror #8 presented firm and forceful arguments without being overbearing. He justifies his not-guilty vote by saying, “I just think we owe him a few words, that's all.” In the film, there is also a point in the discussion where Juror #6 defends those who voted not-guilty from the bullying, shouting, and name-calling from the other jurors. Throughout the film, Juror #3 is a bully, a specific example of insulting nature it seen in the film when another not-guilty ballot is received and he attacks Juror #5. He shouts, “Brother, you really are somethin'. You sit here vote guilty like the rest of us, then some golden-voiced preacher starts tearing your poor heart out about some underprivileged kid, just couldn't help becoming a murderer, and you change your vote. Well, if that isn't the most sickening - *why don't you drop a quarter in his collection box?” his criticisms of the other jurors does not sway people to his side. In reality, when a minority gathers strength people feel freer to think outside the box without the fear
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.
Psychological research shows that eyewitness testimony is not always accurate, therefore it should not be used in the criminal justice system. Discuss.
When an individual is called for jury duty they are supposed to act as an impartial juror. This ultimately means that they will hear both cases and come to a verdict without any prejudices or biases in the way. As humans, people are most likely going to be swayed one way or another when they hear each side of the case. No matter the reason, a juror can be bias even when they know they shouldn’t be. Overall, I do not believe in the concept of the impartial juror. It is a great idea, but it is hard to tell if an individual is actually giving a verdict based on the case or based on his or her own biases. This could taint the trial and cause jurors to be forced to leave the
A juror needs to understand that a witness may account for a story as they remember it which does not always mean that’s exactly how it occurred. All other evidence should be considered to corroborate the testimony of an eye witness. When someone’s freedom depends on your fact finding all evidence needs to be thoroughly examined including a testimony. The wrongfully convicted person has to deal with the consequence of the false testimony which can be serious or as in this case it can even be life
In America, every individual has the right to a fair trial, but how fair is the trial? When an individual is on trial, his or her life is on the line, which is decided by twelve strangers. However, who is to say that these individuals take their role seriously and are going to think critically about the case? Unfortunately, there is no way to monitor the true intentions of these individuals and what they feel or believe. In the movie, Twelve Angry Men, out of the twelve jurors’ only one was willing to make a stance against the others, even though the evidence seemed plausible against the defendant. Nevertheless, the justice system is crucial; however, it is needs be reformed.
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 book Acquittal by Richard Gabriel states, “juries are the best judges in the system. They are not elected, they don't have the high-powered microscope of appellate review or the stern, disapproving-schoolmarm precedent looking over their shoulder, and they have no interest in the outcome of the case.” For this reason, we can come to the conclusion that the use of juries in a trial is the best for all involved in the legal system. While juries, “are the best judges in the system”, lawyers, jury consultants, and jury scientists are the reasons they are viewed this way. It is their job to make sure that not only their client, but everyone has a fair and unbiased trial.Making sure that “the best judges in the system” are fair and unbiased takes a lot of planning, research, and effort. You must research the jurors, understand how they think, what their morals are, and how they would view this case. “It is a constructed reality, cobbled together by shifting memories of witnesses, attorney arguments, legal instructions, personal experiences, and beliefs of jurors.”(Gabriel
A jury is a panel of citizens, selected randomly from the electoral role, whose job it is to determine guilt or innocence based on the evidence presented. The Jury Act 1977 (NSW) stipulates the purpose of juries and some of the legal aspects, such as verdicts and the right of the defence and prosecution to challenge jurors. The jury system is able to reflect the moral and ethical standards of society as members of the community ultimately decide whether the person is guilty or innocent. The creation of the Jury Amendment Act 2006 (NSW) enabled the criminal trial process to better represent the standards of society as it allowed majority verdicts of 11-1 or 10-2, which also allowed the courts to be more resource efficient. Majority verdicts still ensure that a just outcome is reached as they are only used if there is a hung jury and there has been considerable deliberation. However, the role of the media is often criticized in relation to ensuring that the jurors remain unbiased as highlighted in the media article “Independent Juries” (SMH, 2001), and the wide reporting of R v Gittany 2013 supports the arguments raised in the media article. Hence, the jury system is moderately effective in reflecting the moral and ethical standards of society, as it resource efficient and achieves just outcomes, but the influence of the media reduces the effectiveness.
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.
Often, previous or new knowledge of an experience will alter our memories. That is why the use of Eyewitness testimony in judging a suspect is highly controversial. Many people believe that eyewitness testimony can be highly unreliable. On the other hand, many believe eyewitness testimony to be the most trustable and accurate way in deciding on the final verdict.
The Reliability of Eyewitness Testimony Part 1 - How reliable is Eyewitness testimony? The Reconstructive nature of memory - Schemas and Stereotypes The reconstructive nature of memory is related to the schema theory. A schema is a package of memory that is organized and developed throughout our lives. Schemas are stored in long term memory.
Eyewitness testimony is the evidence given in a court or in police investigations by an individual who has witnessed a crime or offense (Loftus, 2003). Eyewitness testimonies rely heavily upon a human’s memory. “Given the complex interaction of perception, memory, judgment, social influence, and communication processes that lead up to an eyewitness’s story of what happened, it should hardly be surprising that such testimony often is a faulty version of the original event (Wells, 1987)." Eyewitness testimonies play an intricate part within the Criminal Justice System. In some cases, a jury may tend to evaluate what witnesses say more favorably and associate confidence level with how accurate their identification can be held in a court of law (Bradfield & Wells 2000).