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What has changed from research into jury bias
Bias in the judicial system
Bias in the US justice system
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Anthony Maddalon, “Movie Response TBL”, 2/13/17, Alicia Hammond [section 01D]
The movie The Thin Blue Line by Errol Morris inadvertently touches on the issues of memory and how memory can be linked to bias. One being the different schemas for crime scenes, criminals, kids, out of towners, and townspeople. From these schemas and spreading activation, bias can be shown in the depictive image formed.
The documentary gathered witness statements and interviews to show re-enactments throughout the film. These re-enactments changed based on what the interviewee could remember from the case. These different re-enactments showed the viewer not just verbally, but visually that the stories conflicted or were open to interpretation. Viewers being able to better conceptualize the inconsistencies in the case caused an impact on their opinions. In this way Errol Morris creates a higher definition depictive image for the visual working memory than what was being built from the propositional code viewers had of the case. With more information on the case, viewers with prior memories or knowledge of the case had a reason to question if justice was met.
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The amount of certainty needed in a memory before acting on it was very different depending on the group or individual.
For example the police wanted vengeance and to close the case as quick as possible so any lead they could get they ran with, without checking credibility. For the witnesses they can be coached or primed into remember something in a specific way. At least one of the witnesses’ certainty in their memory was likely decided by money. The defense lawyer’s, Edith James, was aware that her memory was fallible and was less likely to state something as fact. Randall Adams’ memories were a retelling of what he remembers without trying to guess the other facts of the case. David Harris memories of the case in the interviews talks of a kid that got in over his
head. From the memories we can see bias and assumption without even contrasting the memories of different groups. Randall Adams during the incident seemed to be operating under an assumption of someone helping him out when he ran out of gas couldn’t be a bad person. During Adams recall of the event despite knowing he was innocent and that Harris wasn’t a good person that recollection of running out of gas and meeting Harris was not twisted. Adam’s bias and prejudices in his recollection of event is likely with the police force and they way they acted. The prejudice against a suspect is shown strongly from Gus Rose’s and Jackie Johnson’s memory of trying to get Adam’s to sign a confession.. Adams says “He pulled his service revolver on me. We looked at each other for...to me it seemed hours. I do not like looking down the barrel of a pistol.”. While Gus the police who was interrogating Adams recalls that interaction as “I had what I call a casual, friendly conversation with him to start with, to try to size him up, to see what he liked and what he didn't like.”. These are two very different recollections. Gus’s recall of the event describes a friendly questioning with a cold remorse Randall Adams, who they believed was the killer with little evidence. The police force definitely had the clearest prejudices and bias. Be it Adams and treating him as guilty right from the start. The female police officer, Turko, who was questioned so many times that her memory of the event was all over the place. During the retelling the police officers both make excuses for and belittle Turko for her mistakes. Which likely stem from Turko being female and being one of the first female police officers so that comes with a set of prejudices. The officers also recall Harris as a kid with a troubled past, but not really as a suspect. The police got the evidence they need against Adams from Harris so bias from that and from being a local kid helped the memories of Harris from the police perspective look that way. Besides the biases of the viewers and the different groups in the documentary, Errol Morris is potentially biased. Not biased in his memory of the case, but rather in the documentary editing. The order in which parts of the story are told can bias viewers to see someone as more or less guilty. Morris is likely biased at least a little as everyone has assumptions and preconceived notions of events. The important thing is being aware that there is bias and that you yourself are also biased, which extended into your memories.
In the Norfolk Four case, Ford began his interrogatories by a prior assumption that the four suspects were involved in the case. As Chapman (2013) noted, “ the interrogator will use whatever means necessary to elicit a confession, and not only will the suspect confess, but they will form false memories of the crimes they did not commit,” (p.162). Joseph Dick, one of the four suspects in the Norfolk Four case, claimed that due to the harsh interrogatories, he accepted the label put on him and began to believe that he committed the crime. Accordingly, Joseph Dick and the others began telling false narratives of the way they committed the crime. Even though, their narratives contradicted with evidence and facts of the actual murder, Ford proceeded to psychologically abuse the four suspects in order to hear what he wanted to hear.
To avoid being arrested for a Mann Act violation, both Victoria Price and Ruby Bates accused the Scottsboro Boys of raping them while aboard the train. Although both women accused the Scottsboro Boys, Ruby Bates recanted her story of the rape, and eventually, served as a witness for the defense. Victoria Price, however, refused to recant her story (“Trials of Scottsboro Boys”). Price’s testimony was inconsistent and evasive. She used ignorance and bad memory to avoid answering difficult questions.
This report aims to make light of certain elements of documentary making that are perhaps more susceptible to influence on the director’s part, and once again explore the effect of these decisions on the audience’s reaction to the information presented.
In chapter 6 of Unfair, Adam Benforado addresses the issues regarding human being’s poor memory and our justice systems outrageous reliability on eye witness testimony. Benforado believes that our real memories are severely obstructed by the human brains limit in perception. Our brains are not able to recall every moment of every day because there is simply no way to process everything we encounter in a day. Although most science supports the idea that our memories are unreliable and biased, most of us humans believe we have good and accurate memory. We also expect other to be able to perform basic memory task with accuracy and consistency, which is why for years, the United States so desperately depended on eye witness testimony to get a conviction. This desperation over the years has left hundreds, possibility thousands of innocent citizens paying for a crime they did not commit. According to the reading, of the first 250 exonerations in the United States, 190 of them happen to have involved mistaken identification’s
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
One of the strengths the movie has been the filming itself. There were barely any cuts in the movie and it was mostly shot in one scene so it made you feel that you were part of the scene. Another strength in the movie was the anonymity that was given to the jurors. This help me realise that these were just the “general public” and that there are many jury’s that are exactly or similar to this. Another strength that the movie showed was that it helped me realise the potential flaw in our justice system. While the accused is still given a right to a fair trial, when you are in a society where prejudice against minorities is considered a norm, it becomes hard looking at things fairly not because you don’t want to but because most of the society is already doing it. For example, in the movie most of the jurors were quick to accuse the boy guilty without deliberation. Another strength is how this movie showed how influential we are to each other. For example, the group dynamic of economic status was big because while the people on the higher economic status looked at the boy with more prejudice, one of the jurors who was
Guilty or not guilty? This the key question during the murder trial of a young man accused of fatally stabbing his father. The play 12 Angry Men, by Reginald Rose, introduces to the audience twelve members of a jury made up of contrasting men from various backgrounds. One of the most critical elements of the play is how the personalities and experiences of these men influence their initial majority vote of guilty. Three of the most influential members include juror #3, juror #10, and juror #11. Their past experiences and personal bias determine their thoughts and opinions on the case. Therefore, how a person feels inside is reflected in his/her thoughts, opinions, and behavior.
This movie goes to show how such crucial facts and minuet evidence if not processed fully and clearly can change the outcome in such a big way. In this jury you have 12 men from all different walks of life, 12 different times, and 12 different personalities. Who have an obligation to come to one conclusion and that's whether or not the young man on trial is guilty of murdering his father or is innocent beyond a reasonable doubt. Under much frustration and lack of patience these 12 men began to get unruly and unfocused. Throughout this distraction key terms get misused, facts get turned around and more importantly emotions start to cross making it hard for these men to produce a verdict.
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.
Twelve Angry Men is a depiction of twelve jurors who deliberate over the verdict of a young defendant accused of murder, highlighting many key communications concepts discussed throughout the semester. One of these concepts was the perspective of a true consensus, the complete satisfaction of a decision by all parties attributed. An array of inferences were illustrated in the movie (some spawning collective inferences) as well as defiance among the jurors. Each of these concepts play a role endorsing, or emphasizing the other. We can analyze the final verdict of the jurors and establish if there was a true consensus affecting their decision. In turn, we can analyze the inferences during the deliberation and directly link how they affect the consensus (or lack thereof). Defiance among the jurors was also directly
Around 20 years ago from our frame in time, from within the town of Robin Hills was an event of tragedy involving gruesome deaths of children. No matter the point in time the importance of the event that transpired has never changed. The film is based on the murders titled, Paradise Lost: The Child Murders at Robin Hills, focuses on the lives of the families before, during and after trials. Not only does it focuses on the deaths of the children, the film focusses on an internal theme that explores the riddle; “Is justice still served when given or taken from the undeserved?” Whether the accused teenagers are proven innocent or proven guilty that is what the directors were on the prowl for. Berlinger and Sinofsky documented every aspect they could to convey an honest and unbiased judgement into the trial. The methods the directors used is connected with how the audience will possibly judge the trial. Possibly meaning that the directors, no matter how hard they tried to be unbiased, grew emotionally attached and actually agreed at some point that the teenagers who committed the murders were actually either innocent or guilty. By the ways the filmmakers edited their film, on certain scenes suggest they had their opinions. As they
Wells, G. L., & Bradfield, A. L. (1998). “Good, you identified the suspect”: Feedback to eyewitness distorts their reports of the eyewitness experience. Journal of Applied Psychology, 83(3), 360-376.
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.
Later on in the article, Hsieh references Brian Carney, a former prosecutor, who says that “every legal case can be turned into a visual story” (INSERT, 2012, para. 4. The adage of the adage. This statement holds true because for every case being presented in trial, there’s a physical story that took place which led to the trial. Carney also made the statement that in the past, his office “wasn’t presenting evidence in a way that made it easy for the jurors to understand” (INSERT, 2012, para. 1). 4.
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.