There is increasingly number of false eyewitness identification over the years. Some believe that it is still reliable and some still think that is not always reliable. In 1907, essay On the Witness Stand, written by Hugo Munsterberg a forensic psychology pioneer was published questioning the reliability of it (Munsterberg, 1908). It is unknown to how reliable eyewitness can be and it is hard to tell whether the person is providing the best truth about the suspect. Eyewitness testimony was created to be used as a form of evidence in police investigation, in court room and during forensic practice (Jack, Leov, & Zajac, 2014). The accuracy of the information provided after a victim has been traumatized and emotionally pained is still questionable. …show more content…
It is arguably one of the best shot we have, but it could be overlooked. There have been a significant number of researchers of this matter since the introduction of forensic DNA testing. Although researchers continued to show some major factors of faulty eyewitness testimonies, our judges respond differently. Justices believe that judges duties to assess reliability of eyewitness testimony is in a good shape. In the article, The New York Times (2011), written by Adam Liptak, Justice Antonin Scalia said, “Why is unreliable eyewitness identification any different from unreliable anything else?” She also suggested that during the cross-examination, in a summation to the jury, you can mention to the jury that eyewitness is often unreliable, so the jury can pay special attention to other evidences provided. This means that if other tools used for evidence can be falsely used, what makes it eyewitness more favorable to be changed. This is not the case because studies continued to show how the numbers in eyewitness wrongful conviction is leading all other errors. In the same post, Justice Anthony M. Kennedy said that during the summation, for defendant, it is the time to educate the jury about how hard it is to make accurate identification of a person you met during a tragedy (Liptak, 2011). The memory is not a cassette to record and be played as we want. For that …show more content…
On the other hand, psychologists have found that human brain cannot do that. Our memory cannot recall our memory each time we call them (Hal & Scott, 2010). Elizabeth F Loftus memory researcher and psychologist, of the University of Californian, Irvine, says that remembering is “more akin to putting puzzle pieces together than retrieving a video recording.” Studies have suggested that allowing experts on eyewitness identification to testify in court could teach juries and maybe lead to more measured evaluation of the testimony. Surprisingly, most of U.S. Jurisdictions does not allow laboratory or experts in court for any reason. Experts in court would give insight or crew to jurors before they consider the eyewitness testimony. The other factor to memory is age. Should age matter in memory capacity of keeping information? In Jack, Leov, Zajac’s research 2014, they did a memory comparison test between child, adolescent, and adult to determine which age is capable of provide the most accurate information. They played three short clips, and adults reported more detailed than adolescents, and children was the last one. Although, the different was not big among all three (Jack, Leov, & Zajac, 2014). It was suggested that a mismatch between the environment in which learning takes place and the retrieval environment can lead to a memory impairment during
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.
“Eyewitness Identification: A Policy Review.” The Justice Project, Iowa State University. Web. 22 April 2014.
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
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...
Eyewitness misidentification cost innocent people to end up in prison. Eyewitness misidentification is the single greatest cause of wrongful convictions in the United States, having played a role in more than 70% of original convictions later overturned by new DNA evidence(Dunn). This explains eyewitness misidentification is not a reliable solution to prison the suspect and deal with other solution. The suspect is effected because the suspect goes through terrible life for crime they did not commit and false witness hunts
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
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.
Vallas, G. (2011). A survey of federal and state standards for the admission of expert testimony on the reliability of eyewitnesses. American Journal of Criminal Law, 39(1), 97-146. Retrieved from http://search.ebscohost.com.pioproxy.carrollu.edu/login.aspx?direct=true&AuthType=cookie,ip,cpid&custid=s6222004&db=aph&AN=74017401&site=ehost-live&scope=site
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.
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
Have you ever been an eyewitness at the scene of a crime? If you were, do you think that you would be able to accurately describe, in precise detail, everything that happened and remember distinct features of the suspect? Many people believe that yes they would be able to remember anything from the events that would happen and the different features of the suspect. Some people, in fact, are so sure of themselves after witnessing an event such as this that they are able to testify that what they think they saw was indeed what they saw. 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.
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.
From a legal standpoint, eyewitness memories are not accurate. Though they all illustrate the same concept, each paper described different ways eyewitness memories were altered. One’s memory can be misleading by their own attributions towards the situation, what they choose to see and not see, and if the individual has been through a single event or repetitive stressful events. As human beings, our memories on all matters are not concrete. When retelling stories, we tend to modify the situation and tailor certain events, making the information provided unreliable. An eyewitness testimony changes the track of a trial and information that is given to the court can be ambiguous and can cause bias towards the circumstances. Eyewitnesses can even be confident in their retelling of a situation and explain a complete event, when in fact, that particular event never