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Eyewitness testimony in the criminal justice system
Importance of eyewitness testimony in the criminal justice system
Eyewitness testimony in the criminal justice system
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Eyewitness is most common issue in the United States. Eyewitness misidentification is a major issue in the United States' Justice System, but there is a logical solution to end this problem instantly. 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 …show more content…
For example, when the victims want to remember something, or someone, strongly and with high confidence, the witness can still be wrong. The eyewitness is given all the photos of the suspects laid out to identify the person they remember committing the crime. Also the eyewitness is asked to identify each photo whether is the culprit or not. Prosecutors should look over the cases before relying on eyewitness. Prosecutors should not depend on eyewitness testimony because that will lead to wrongful convictions. The wrongful convictions span the criminal justice system from investigation and arrest to prosecution and trail(Ferrero). False conviction makes the justice system stronger and arresting innocent is wrong. And picking out person similar to the murder. Not catching the real suspect might cause the public risky. Public safety be in risk."Wrongful conviction is gravest violation of personal liberty and also poses severe public safety risks, as the real perpetrator could remain on the street," an innocence Project news release said. The real suspect might kill many people or if the eyewitness might be in risk. If the victim is still life might be kill again. Lying about someone is not good thing might have miserable life in their future. The court must find more evidence and not to depend on eyewitness testimony and to look for the best people as possible. Besides, there more evidence that DNA testing. Eyewitness must be proven in order to arrest the right suspect and question the suspect to get more evidence in steady of keeping in prison for false witness. The police for tracking everywhere the suspect went and people the suspect contact with that time. It will solve the problem by asking the eyewitness question and the suspect questions to see if both things they said
The DNA evidence says that Williford was not at the house when the attack took place while the eyewitness testimony says he was there and was taking part in the attack on Foxworth. I personally believe that Williford does deserve a retrial because now knowing how eyewitness testimony can be changed through influences that witness is not even aware of it is very possible that she may have remembered incorrectly. However, I am not saying that Williford is innocent and that both the DNA evidence and the eyewitness testimony needs to be revaluated to make sure nothing interfered that would cause the results to skew. That includes taking into consideration of the factors I described earlier to see if the eyewitness testimony can be reliable. Outside of this case I believe that we need more information should be shared with the public to warn of these factors if they ever become a witness to a crime to avoid prosecuting innocents. Additionally we need to train officers to avoid telling or showing anything to a witness that may change their memories and give a false testimony. In conclusion Williford should get a retrial and more evidence needs to be brought in and old evidence should be revaluated to make sure its accurate and that information needs to shared with the public and law enforcement about the factors that may cause false memories so
...lice or lawyers used their integrity. The police skirted around the law and use evidence that the witnesses said was not correct. They had a description of the suspect that did not match Bloodsworth but, they went after him as well. They also used eyewitness testimony that could have been contaminated.
With all these possible flaws in the testimony of witnesses and victims why do they continue to use them as primary evidence in criminal cases? The answer is simple; until recently there was no other way to prove whether or not a person was actually at the scene of a crime unless someone saw them or they left some finger prints behind that the police were able to link back to someone, which may have not been left on the victim but in the general vicinity. Until recently, with the recent breakthrough in DNA testing which allows police and investigators to gain an exact match as to who committed the crime.
“Eyewitness Identification: A Policy Review.” The Justice Project, Iowa State University. Web. 22 April 2014.
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...
There are many individuals wrongfully incarcerated due to flawed eyewitness testimony. Thanks to DNA testing, these three men were cleared of all crimes and released from prison. There are others not as fortunate. In my opinion, eyewitness testimonies should not be allowed as evidence in court. As a juror, you must keep in mind that trauma affects the mind and can shatter your memory and mistakes can be made. Therefore, to eliminate the chances of sending an innocent person to prison the only thing that should be taken into consideration during deliberation is physical and forensic
(Kennedy & Haygood, 1992; Williams & Loftus, 1994), which is worrying considering the growing and substantial body of evidence from laboratory studies, field studies, and the criminal justice system supporting the conclusion that eyewitnesses frequently make mistakes (Cutler & Penrod, 1995; Huff, 1987; Huff, Rattner, & Sagarin, 1986; Innocence Project, 2009; Wells, Small, Penrod, Malpass, Fulero, & Brimacombe, 1998). According to a number of studies, eyewitness misidentifications are the most common cause of wrongful convictions (Huff, Rattner, & Sagarin, 1986; Wells et al., 1998; Yarmey, 2003) and, through the use of forensic DNA testing, have been found to account for more convictions of innocent individuals than all other factors combined (Innocence Project, 2009; Wells, Memon, & Penrod, 2006).
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
Eyewitness reports are not reliable in court. There are many reasons why eyewitness reports are unreliable. Some reasons are that people don't have a good memory and mistake the real criminal, another reason is that people don't have a perfect eyesight and even the mind plays tricks on you. on a report in 1984 there was a report that jennifer was raped. jennifer picked ronald cotton out of a photo and a physical lineup. she was sure that ronald was the rapist but a decade later dna proved that ronald wasn't the real rapist. elizabeth loftus said that “jennifer did not recognize the real rapist because she picked ronald first and in her mind she thought he was the real rapist” so her mind was set on ronald and no one else.
Another factor associated with wrongful convictions is eyewitness misidentification. The Innocence Project identifies eyewitness misidentification as the single most important factor leading to wrongful convictions. Eyewitness misidentification is often an error due to witnesses being under high pressure, witnesses focusing on the weapon more than the offender, and police procedures when receiving an identification statement from a victim. A study
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 officers tampered with evidence and made a false discovery that he was the person and that is how he was convicted (Innocent Project N.D.). Many forensic methods have been implemented in research when looking for evidence, but the methods that are not scientific and have little or nothing to do with science. The result of false evidence by other means leads to false testimony by a forensic analyst. Another issue with forensic errors is that it is a challenge to find a defense expert (Giannelli, 2011).
Eyewitnesses are primarily used by the criminal justice system for investigating and prosecuting crimes, particularly in circumstances where it is the only evidence available (Wells & Olson, 2003). Their testimony is highly regarded as it allows for police, prosecutors, judges and juries to establi...
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.
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.