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Eyewitness testimony importance in law
Essays on eye witness testimony
Essays on eye witness testimony
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Eye Witness Testimony
In my opinion eye witness testimony is not completely accurate. The human memory is a very complicated system and is not always correct. I feel that eye witness testimony is not a fair way to determine if a person is guilty of a crime or not. The longer time it takes to go on trial the more a person can forget. If you do not practice things over and over you soon forget it, so how can you expect someone to go on trial and use eye witness testimony for a crime that happened months or even years ago? They could not possibly remember every small detail of the crime.
According to the Stanford Journal of Legal Studies, “The bedrock of the American judicial process is the honesty of witnesses in trial.” Memories can be altered by many things, people may not even realize that the memory has been altered because they believe it to be true. “Several studies have been conducted on human memory and on subjects’ propensity to remember erroneously events and details that did not occur. Elizabeth Loftus performed experiments in the mid-seventies demonstrating the effect of a third party’s introducing false facts into memory. 4 Subjects were shown a slide of a car at an intersection with either a yield sign or a stop sign. Experimenters asked participants questions, falsely introducing the term "stop sign" into the question instead of referring to the yield sign participants had actually seen. Similarly, experimenters falsely substituted the term "yield sign" in questions directed to participants who had actually seen the stop sign slide. The results indicated that subjects remembered seeing the false image. In the initial part of the experiment, subjects also viewed a slide showing a car accident. Some subjects were lat...
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...nvironment and by the way his recollection is eventually tested.” Many things affect memory so how can it be accurate enough to convict someone?
I feel that you cannot convict someone on the basis of another person’s testimony. This is unfair and unjust in my opinion. I feel that eyewitness testimony should not be used, thhe only way a person needs to be convicted is if the evidence shows proof, not on the basis of a testimony. If we only used eyewitness testimony its basically just someone’s word against the accused. This just doesn’t seem fair to me. I don’t feel that it is enough, it doesn’t show evidence. You cannot look into someone’s memory so how can this be evidence? How can this be enough to convict someone? I don’t feel it is right and I do not agree with it in any way. I feel that if there is no evidential proof, eyewitness testimony should not be used.
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.
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...
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.
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
Knowledge of how long-term memory works is crucial to structuring the process of a trial, especially in terms of how soon after an incident a trial can be held or what witnesses are reliable or not. In different articles written by psychologists, legal officials, and attorneys
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.
In recent years, the use of eyewitness testimonies as evidence in court cases has been a subject in which various researchers have been interested in. Research suggests that eyewitness testimonies are actually not reliable enough to use as primary evidence in court cases. There have been many cases in which an innocent person gets sent to prison for a crime they did not commit because an eyewitness testified that they were the ones that they saw at the scene of the crime. Researchers’ goal is to improve the legal system by finding out whether eyewitness testimonies should be used in the court of law or not.
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.
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).
Similar studies were done to a different set of college students and they tended to have the same results. After giving as much detail about each memory, the students were interviewed about what they may have written done about what they had remembered. During the last part of the experiment, each of the students were debriefed and asked to guess which memory they believed was false.
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
Memory is the tool we use to learn and think. We all use memory in our everyday lives. Memory is the mental faculty of retaining and recalling past experiences. We all reassure ourselves that our memories are accurate and precise. Many people believe that they would be able to remember anything from the event and the different features of the situation. Yet, people don’t realize the fact that the more you think about a situation the more likely the story will change. Our memories are not a camcorder or a camera. Our memory tends to be very selective and reconstructive.
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