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Wrongful conviction introduction
Wrongful convictions
Introduction to wrongful convictions
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Mr. Stephens identified Brenton Butler as the person who shot his wife, Mary Ann. In the field of Forensic Psychology, and declared by The Innocence Project, that eyewitness mistakes are one of the greatest cause of wrongful convictions around the world. When James Stephens was being cross-examined by Ann Finnell (Butler’s attorney), he testified that he hadn’t seen no one or head footsteps and just recalls seeing a gun. With that statement we can assume that the Weapon-Focus Effect had affected Mr. Stephens and influence him to mistakenly identify Brenton Butler. The Weapon-Focus Effect refers to the visual attention that a witness pays to the weapon of a perpetrator during the course of the crime. In other words, an individual pays more attention to the …show more content…
(1987) conducted a study on Weapon-Focus Effect that supports the argument that Mr. Stephens wrongly identified Brenton Butlter as the individual who shot his wife, Mary Ann. In this study the researchers were interested if there is any accurate support for the phenomenon of the weapon-focus effect. Sophisticated methodology was required, that is also used in picture memory experiments. The study examined the eye activities of the individual as they watched scenes that did/did not contain a weapon, researchers would know if the weapon captures more attention because of the quantity and time of the eye fixations could be studied. The 36 participant were from the University of Washington and ranged in age from 18-31. Two different series were shown to the participants. In the first series, the control series, cashier was given a check to pay for the purchase and in this series a person pulls out a gun on the cashier and she hands the “offender” money. The snapshots were shown using a Kodak projector and a corneal reflection device was used to track and record the eye movements of participants as they watched the changing scenes scene in which the cashier was threatened with either a check or
... the stress and depression they may be facing after viewing a crime. When an eyewitness is facing depressing they tend to have high stress levels and to tend to get damaged brain cells these are some of the factors that can cause such disruption and therefore source error can occur. Another issue that may interfere with an eyewitness' memory is retroactive interference. This usually occurs when new information is processed that obstructs the retrieval of old information. [Retroactive Interference Defined, 2014]. The most common source of interference that can occur after the event of a crime is the reporting of the crime. Police investigations include leading questioning that is often suggestive, which can cause confusing to the eyewitness. The processing of new information may disrupt or entirely replace old information. [Rawlings, Maren Skouteris, Helen, 2004.]
At the time of the murder of which David Milgaard was accused of committing he was just 16 years old. He was a hippie, constantly in trouble. Even before he was a teenager he was getting into trouble. His parents and teachers considered him impulsive; he resisted authority (Regina Leader Post, 1992, as cited in Anderson & Anderson 1998). He was removed from kindergarten because he was considered to be a negative influence on the other children. When he was thirteen he spent time in a psychiatric centre (Anderson & Anderson, 1998)
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...
The New York Times bestseller book titled Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case examines the O.J. Simpson criminal trial of the mid-1990s. The author, Alan M. Dershowitz, relates the Simpson case to the broad functions and perspectives of the American criminal justice system as a whole. A Harvard law school teacher at the time and one of the most renowned legal minds in the country, Dershowitz served as one of O.J. Simpson’s twelve defense lawyers during the trial. Dershowitz utilizes the Simpson case to illustrate how today’s criminal justice system operates and relates it to the misperceptions of the public. Many outside spectators of the case firmly believed that Simpson committed the crimes for which he was charged for. Therefore, much of the public was simply dumbfounded when Simpson was acquitted. Dershowitz attempts to explain why the jury acquitted Simpson by examining the entire American criminal justice system as a whole.
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.
Furthermore, Wade introduces the idea that an eyewitness’s concentration is solely on the weapon that the perpetrator is using. “In a crime where a weapon is involved, it is not unusual for a witness to be able to describe the weapon in much more detail than the person holding it” (Wade 904). In this reference, Wade is recognizing that crimes that involve weapons typically have less people who remember the details enough to be considered an accurate witness.
Criminal Law declares what conduct is illegal and proscribes a penalty. Although, we rely on our court system to administer justice, sometimes the innocent are convicted (Risinger). Most people would not be able to imagine a person who is convicted of a crime as innocent, sometimes that is the case. Imagine what a variance that is: an innocent criminal. In an article by Radley Balko he asks the question, “How many more are innocent?” In his article, he questions America’s 250th DNA exoneration and states that it raises questions about how often we send the wrong person to prison. The other issue that follows is the means of appealing the court’s decision and who they can turn to for help.
In Corsicana, Texas Cameron Willingham and his family’s home was burned down the twenty-third of December is 1991. According to the report Cameron was asleep when the fire started and survived the accident with only a few injuries, as for his children they were not so lucky, they lost their lives to the tragic accident. At the time of the accident Cameron’s wife was buying presents for their children for Christmas. According to a witness and her Daughter Diane and Buffie from a few houses down went outside and saw Cameron screaming, “My babies are burning up!” Diane and Cameron tried countless attempts to rescue the girls from their room until the fire department could get there. According to the New Yorker “The house, in short, had been deliberately transformed onto a death trap.” According to the reports on December twenty-fourth and twenty-seventh of 1991 the fire was declared arson and they later decided to conduct a criminal investigation. Cameron was questioned by the investigators on December 31st and was then later arrested on January 8th of 1992 for the death his three daughters.
Anderson, Barrie “Marginalization and Wrongful Convictions” in Manufacturing Guilt: Wrongful Convictions in Canada, 2nd Edition, pp. 7-25. © 2009 Fernwood Publishing Co., Ltd..
Wright, D. B., & Skagerberg, E. M. (2007). Postidentification feedback affects real eyewitnesses. Association for Psychological Science, 18(2), 172-178.
But rarely few researches have been focused on witness memory for firearms. As a matter of fact, firearms usually represent a significant factor for law enforcement in the present judicial system. For making police or other investigators to get the weapon information correctly and efficiently, some researchers conducted a study (Sharps et al. 2015), which was aimed to discover whether typical questioning patterns would affect the results of the memory test of eyewitnesses, who could recall the firearms evidence in some certain crimes, which may potentially assist investigators to identify the criminals. The study was basically separated into two major sections, one was the free recall stage and another was specific-information recall stage. As a result, these researchers have found that, even though there was no significant difference they thought it would be observed in specific response section, the significant result was observed in the free recall stage. Researchers concluded that they could get the more accurate testimony of the given firearms in the free recall stage rather than they could get in the condition of specific questioning. By focusing on not outlaws, but firearms, this study has shown a new potential way to get required evidences. Based on this idea, researchers have analyzed that the
Nelson, Kally J., et al. “Change Blindness Can Cause Mistaken Eyewitness Identification.” Legal and Criminological Psychology 16.1 (2011): 62-74. Wiley Online Library. The British Psychological Society, 17 Jan. 2011. Web. 27 Oct. 2011.
Greenfield, D. (2007). Introduction to forensic psychology. issues and controversies in crime and justice. Journal of Psychiatry & Law, 35(2), 201-201-204,105-106.
Also I would introduce the importance of paying attention to specific details during events in order to properly encode the memory so that it can be stored in the long term memory and later be retrieved. Then I move into the more specific area of eyewitness testimony and it's lack of reliability especially under stressful situations and tie in the attention condition. I would provide some of the statistics regarding the amount of cases overturned, years later, by DNA evidence. Specifically how 75% of those convictions, overturned, were obtained as a result of eyewitness testimony and further that for 33% of those cases there were two or more eyewitnesses who identified the perpetrator resulting in a
However, it has been demonstrated that like other memory it can be inaccurate, and lead to mistaken identity. A moderate level of arousal is ideal for a witness being able to pay attention to specific details of a crime. Cognitive psychologists have studied how accurate are witnesses’ perceptions and how accurate are their descriptions and identifications, (Goldstein, 2010, pp. 231-233). Loftus described in her TED TALK why people make errors in eyewitness testimony. Loftus spoke about how an innocent man was convicted of a crime. She explained that the police stopped Tyros because his car was similar to the car that earlier in the night was driven by a person who raped a woman. She explained that the police showed a Tyros’ picture during a line up recognition. The victim pointed at Tyros as the perpetrator, and when she saw him at the trial, she said that she was completed sure that was Tyros the person who had raped her. The most disturbing thing about this example is that many other innocent people have been taken to prison for crimes that they did not