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Eyewitness testimony plays a big role in the advantages and disadvantages of the investigation and is a very important area in human memory and cognit...
How is eyewitness testimony helpful
The credibility of eyewitness testimonies
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Eyewitness testimonies are a well-known evidence around the world to seek out people. It has been used in numerous cases and many people have been convicted with eyewitnesses alone. The problem is that such testimonies alone can be very inaccurate and lead to wrongful convictions. Our memory and our ability to remember is very corruptive by many factors. Some factors can be emotions, event, personal experience, stress level, and the will to help. In this assignment I will discuss what I learned about the questioning that happens during an interview, and how it impacts the response a witness may give.When we learn something new we store that information so that we won’t forget it. How much or how good we remember something is how we measure …show more content…
When we get new information, we try to relate it to already existing information we posses. When we try to remember something, we try to rebuild it in our head with the information that we have. Scientists say that memory has to do more with imagination than remembering. This is called constructive memory. Constructive memory involves taking into account information that we are presented with and filling the gaps with information that we already posses. For example, when we describe a new face we tend to compare it to a face we already know. With no intention, we may visualise someone else in our head. This is an example that can explain why eyewitness testimonies can be incorrect. With that, many witnesses feel that they can not back out of a picture or a description they give, even when they feel that they are …show more content…
Officers must not to ask too much of a specific and authoritarian question, as it can lead to the witness give false information because of his belief that he must give an answer. An example for this would be the use of words such as “a” or “the”. “The” in a question specifies something out, making it real in our heads. When asked a question with the word “a” instead, it gives us an option for an open answer. For example, when one group of interviewees was asked, about a video of a collision they watched, if they saw “a” broken glass, many answered that they have not. When another group, who watched the same video, was asked if they saw “the” broken glass, more people believed that there was broken glass, and said yes. There was no broken glass in the video, but some people who were asked a question in the wrong way believed that there was. It proves that the question during an interview should be neutral and not hinting on the answer. It is important to notice such questions and wordings to prevent, or minimize, an inaccurate answer. Another problem that exists during interviews is that the interviewees tend to have the feeling that they must provide an answer, even if they do not have one. People feel the need to help and “please” the interviewer with an answer as we see him/her in a higher position. We try to
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...
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.
For this book report, I decided to read Hugo Münsterberg's On the Witness Stand. This book contains essays on psychology and crime and eyewitness testimony. Today this book is used as a reference for many issues in forensic psychology. For this report, I focused on two chapters of the book: Illusions and the Memory of the Witness. I am going to first summarize the two chapters I read then talk about what was going on at the time this book was written. I will then report some of the research in the book, and finish with my opinion on how this book has contributed to the literature and how it relates to the current knowledge of forensic psychology.
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).
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.
One cannot always accurately reproduce information due to the stages of memory processing that occur after witnessing an event. With each stage, the accuracy of the memory decreases. According to Aronson, Wilson, and Akert (2013), the first stage is acquisition. Acquisition is the process by which people notice only certain information in a particular setting because they cannot perceive everything around them. Also, witnessing a crime often occurs quickly, unexpectedly, under poor viewing conditions, or while focus is on another object, such as a gun. These circumstances significantly decrease the amount of accurate information that the observer will acquire, and the likelihood for accurate reproduction of the event in testimony is lessened (Aronson et al., 2013). According to Fradella (2006), acquisition is dependent upon the same individualized factors that are present in perception and expectations. Expectations impact what information an observer seeks out or avoids, ultimately impacting their overall memory (Fradella, 2006).
Minor consequences, might for instance, be confusing where one has placed something, like car keys. Such confusion can result in a simple inconvenience such as, the wasting of time. Although more serious consequence might for instance occur when one’s memory tricks the individual into giving false eyewitness accounts that might be costly to him, or other third parties. As such, it is important to critically analyze the dynamics of false memory formation and highlight methods that could be used to identi...
Every day a child is called on to testify in a courtroom. Children who have to testify in open court are easily influenced by outside sources. This paper will show the reasons children should not be used as witnesses in a courtroom. I will show all the different influences that a child receives and prove them uncredible. The interview process can influence a child greatly. Ceci and Bruck (1995) found a study that shows that child witnesses may be questioned up to12 times during the course of an investigation. The questioning process can take up to a year and a half to be completed. Children are not capable of remembering exact details for that period. Their answers to questions will change each time he or she is asked. This is because they do not retain information in the same way as an adult. Most studies have shown that children start to lose their ability to recall an event accurately only 10 days after the original event has happened. Another factor in a child’s ability to recall an event is stress. A child can go into a shock stage and repress all memories of what has happened to them. These memories may not resurface for many years. This affects a child’s ability to identify the suspect in photo and live line-ups. The amount of stress a child goes through affects their ability to answer questions in an interview, if they cannot remember what has happened, how are they supposed to answer the myriad of questions the interviewer will ask them.
This study took place because if memories are believed to be inaccurate then why are things such as eyewitnesses’, in legal proceedings, taken so seriously when their memory can easily be false
During the identification and prosecution of a suspect, eyewitnesses are of the utmost importance. They provide crucial information that determines the fate of the criminal, whether their memories are true to the event or slightly altered. Many eyewitnesses, being the victims of these crimes, have strong emotions related to the event. It has been found that emotions play a role in the accuracy and completeness of memories, especially in eyewitness testimony (Huston, Clifford, Phillips, & Memon, 2013). When emotions are negative in content, accuracy increases for memory of an event (Storbeck & Clore, 2005; Block, Greenberg, & Goodman, 2009). This finding holds true for all types of eyewitnesses, including children. There is no difference in memory between children and adults for aversive events, suggesting that the child eyewitness is just as capable as the adult eyewitness to give an accurate testimony (Cordon, Melinder, Goodman, & Edelstein, 2012). For my research paper, I will focus on the role of emotion in children’s eyewitness testimony.
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.
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.
Representative studies including Loftus’s weapon effect study showed how attention has affected reliability. On the same token, research on the role of stress and emotion on eyewitness testimony provides additional information about the settings in which eyewitness testimony may be expected to be unreliable. Ultimately, we should be conscious on how our schemas work, as it can distort our memory through generalization and misinterpretation. All in all, schemas play a role in filling the big picture, but not the details, suggesting us to carefully monitor the details in what we expect, assume and