...Eyewitness testimony is a legal term, referring to a person’s interpretation of an event they have seen. Judges have a tendency to pay close attention to eyewitness testimony and find it a trustworthy source of information. Nevertheless, investigation into this area has found that eyewitness testimony can be affected by numerous psychological factor (Loftus, E. F., & Palmer, J. C., 1974). Eyewitness testimony is not as reliable as it may seem at the first glance. It is commonly known that a person would react differently in a stressful situation to how he would react normally. Witnessing a crime is always stressful. The more serious the crime is, the more anxiety a person will feel. However, feeling a little stressed helps improving performance...
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...Assignment: The reliability of eyewitness testimony SCI 110-Introduction to Physical Science Prof. Etheridge Jennifer Thompson-Cannino stood in a police department in 1984 looking through a window at five African-American male suspects. Mrs. Cannino was trying to pick out the man who burglarized her home and sexual assaulted her. She was shown five black similar looking males. After a few minutes she picked number #5, a man name Ronald Cotton. When asked was she sure he was the guy, her response was,”I think this is the guy”. Due to her eyewitness testimony, Mr. Cotton was tried, convicted and sentenced to life plus 54 years. This would have seemed like an open and shut case, except for the fact that Mrs. Cannino picked the wrong man. (www.slate.com). So in a case like this what happened? How could she pick the wrong man? Did she feel pressure to pick someone? Were the police under pressure to arrest someone? Did Mrs. Cannino actually see the rapist face? All these questions have convinced me that eyewitness testimony may be not reliable. In the event of a trauma, a person’s mental state has been comprised. Fear, adrenaline, and survival kicks in. A person must use their senses, skills, and wit to help themselves out of a sticky situation especially if it involves another person as a threat. With that being said, it is safe to rely 100% on a person memory? We have to take into consideration the level of the crime and persons involved, and how well people can recall minor...
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...have it. This is the issue that is of great concern. Therefore, it brings into the question whether or not prosecutors (DAs) rule out the possibility of an eyewitness' having face blindness before testifying against a defendant. One concern about people who may have prosopagnosia is that when using eyewitness testimony, there’s a possibility that the individual may have the diseases. The issue arises when we do not consider this because there are people with the disease and could possibly have no idea that they do. Under the criminal justice system, when using eyewitness testimony with the consideration of face blindness we are incoherently impacting lives negatively. Not considering facial blindness decreases the reliability of an eyewitness testimony because people have a misconception of people’s faces. Eye witness testimony is already fairly unreliable due to outside influence on a person’s ability to recognize a face such as the time since they saw the individual, pressure from peers, or even just the natural idea of simply forgetting (Alperin, 2011). We can see plenty cases of where district attorneys have not considered situations such as facial blindness by referring to the innocence project (Law). Many individuals have been put in jail due to misconception of facial features and error in eyewitness testimonies. There are simple factors that come into play and taking caution for those instances can help. Simply taking these issues such as face blindness into consideration...
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...are many different reasons why the reliability of eyewitness testimony in the United States judicial system today is all but flawed. There is only one way a witness can identify a suspect who has committed a crime, and it is called face to face recognition. Just getting a glimpse, bad weather, and bad lighting can hinder what a person can truly see. There have been several accounts of individuals that have been convicted, imprisoned, and put to death off of flawed testimonies by an eyewitness. In this I will attempt to show you my discussions of several statistics, convictions, exonerations, and key cases that will test the views of anyone when eyewitness testimonies are concerned. Within the past 30 years crimes were committed, and the people who witness these crimes made the cases have different outcomes. It used to be when a crime was committed, and someone came forward saying, “They have witnessed a crime”. History shows us when it comes to a traumatic experience dealing with crimes; the victims are different and as such react in many different ways. Most individuals panic, some are very calm, while others have no reaction whatsoever. The question has been raised about how reliable an eyewitness testimony truly is. Those who follow crime and courts trials know the stories are familiar and unnerving. Here is one case Cornelius Dupree spent 30 years Texas prison due to a 1979 rape and robbery he did not commit, because of one eyewitness. Cornelius was freed in 2011 through...
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...validity of eyewitness identifications. Under the new guidelines, a hearing must be held when a defendant presents evidence that the identification of a suspect by a witness may have been influenced. The influence could be any number of factors including police behavior, level of stress during the event, lighting and length of time between the event and the identification. If the evidence is admitted, the jury must be given an explanation giving details of the factors that could contribute to misidentification. Two articles discuss this decision, “Court Raises Bar for IDs by Witnesses” written by Caitlin Dineen for The Press of Atlantic City (October 8, 2011) and “In New Jersey, Rules Are Changed on Witness IDs” by Benjamin Weiser for The New York Times (August 24, 2011), and offer interesting viewpoints on the issue. This paper will discuss those viewpoints. The Press of Atlantic City article did not go into extensive detail as to what the new ruling entailed, instead, it chose to interview local attorneys to get their views. James Leonard Jr. states, “I think it’s going to be a valuable tool for defense attorneys.” While on the surface this new guideline would appear to make prosecution more difficult, Ocean County executive assistant prosecutor Michael Paulhus states that, “It gives both sides an opportunity to address a critical factor in their case…. Anything that’s well-grounded, as this appears to be, enhances the confidence of the eyewitness identification...
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...name, family, and career or who suffers a life sentence of prison rape and execution by AIDS deserves our concern as much as the innocent on death row”. (qtd. In Roberts, “Constitution Society”). Therefore, if anyone agrees with the death penalty are only taking away the lives of the innocents. Overall, I believe that every case should be reviewed closely and should not jump to conclusions. The Innocence project fully supports the ones that have been wrongly convicted and many more throughout the U.S. The investigation of wrongful convictions, which challenge the fairness and truthiness’ of the criminal justice system, are becoming a necessary feature of criminal justice analysis. Together we shall teach people how to improve their eyewitness testimony, not interrogate innocents, and not allow the death penalty. With these issues resolved the amount of the wrongly convicted will...
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...There have been many people convicted of crimes that they did not commit just because inaccurate eyewitness. Eyewitness memory is not always accurate It does have its downfalls. People should be careful when doing eyewitness because they can chose the wrong person, that person can be convicted of a crime they did not commit and the criminal can be out in the street committing others serious crime. People can have errors while conducting eyewitness because of confusions and/or fault memory, government misconduct by police and prosecution, mishandled evidence and use of unqualified...
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...The Reliability of Eyewitness Testimony SCI 110 Introduction to Physical Science Professor Pages 6 Abstract: Eyewitness testimony and its credibility has always been a staple of controversy in court cases. Let's take a minute to think back the last time you were in a local retail store. Now ask yourself, are you able to describe the person who was ahead of you in the line? How many details can you really remember about that person? Now how accurate do you think that your description was? Today we are going to investigate just how accurate people's observations are in everyday life. Objective: The purpose of this project today is to determine whether eyewitness account credible and reliable enough to be used as evidence in criminal investigations. We are going to do this by determining witness recollection, gender of suspect, distance away from suspect and date and time affect the accuracy of witness accounts. . Introduction: Eyewitness accounts are always under scrutiny whether in the courtroom, by police and even scientists. In most eyewitness identification the processes typically involve selecting an alleged perpetrator from a police lineup or sketches. After selecting a suspect a formal statement is using made confirming the identification of the subject. Usually the times in which you are asked to give a statement range anywhere from a day to a few days later. Within this time frame ,ask yourself how accurately are you able to recollect...
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...MEMORY ACCURACY: THEORETICAL MODELS AND EXPERIMENTAL VALIDATION Human memory has been on many occasions compared to the operations of a computer on the basis of their multifunctional systems. Memory is critical and plays a central role in our everyday information processes. Several models of information processes have in-time being proposed. The Atkinson-Shiffrin model (1968) is the most popular is and widely used by many memory researchers. The model indicates the transfer of information from the environment into the sensory memory which is very brief that some information is forgotten before it reaches the second storage. Short-term memory is the second temporary store which is also fragile. The short-term memory is very similar to working memory responsible for higher cognitive functioning which is also temporary. Information is then finally encoded onto the long-term memory where it is assumed to be a permanent storage for longer periods. Baddeley (2000) proposed the episodic buffer as the new forth component of the working memory model. This model was initially proposed by Baddeley and Hitch (1974) with three components, the central executive assisted by the phonological loop and the visuo-sketchpad assumed to be temporary storage faculties. The episodic buffer is assumed to play a very central role of binding features into objects and it is assumed to be a temporary limited store which links all systems together for the purposes of multi-dimensional coding (Baddeley...
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...When you put these two words together, you get witness misidentification which has been referred to as the single greatest cause of wrongful convictions nationwide, with nearly 75% of the convictions overturned through DNA testing. There have been 260 exonerations across the country based on forensic DNA testing with 3 out of 4 involving cases of eyewitness misidentification. (Innocence Project 1999) In 1907 or 1908, Hugo Munsterberg published “On the Witness Stand”; he questioned the reliability of eyewitness identification. As recent as 30 or 40 years ago, the Supreme Court acknowledged that eyewitness identification is problematic and can lead to wrongful convictions. The Supreme Court instructed lower courts to determine the validity of eyewitness testimony based on irrelevant factors, like the certainty of the witness, the certainty you express in court during the trial has nothing to do with how certain you feel two days after the event when you pick a photograph out of a set or pick the suspect out of a lineup. It has been said that you become more certain over time. (The Confidential Resource September 15, 2010) An eyewitness viewing a simultaneous lineup tends to make a judgment about which individual in the lineup looks most like the perpetrator relative to the other members of the lineup. This is particularly problematic when a lineup only contains innocent people. Research has shown that the effective use of fillers when composing a lineup can help combat the tendency...
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...watching my sister and mother. They were always very dedicated, responsible, and punctual to their jobs and that’s how I am now. Observational learning can work to your disadvantage; it all just depends on the what, for example, driving. Growing up my mother and sister never used to wear their seatbelts therefore when it was time for me drive, I never wore my seatbelt. Very soon, I learned that I should my seatbelt if I didn’t want to get ticketed every time I was caught. Now, I don’t go anywhere without wearing my seatbelt and neither does anyone in my family. Critical and Creative Thinking Questions – Page 195 5. As an eyewitness to a crime, how could you use information in this chapter to improve your memory for specific details? If you were a juror, what would you say to the other jurors about the reliability of eyewitness testimony? As an eyewitness to a crime, I could use the information to improve my memory for specific...
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...have the right to reopen a case? • Who should pay for the testing? • How is the credibility of our legal system affected by the fact that numerous people have been convicted and then exonerated of a crime? 3. Would you vote to convict a person of a crime based solely on DNA evidence? Follow-Up Questions • Would you be more or less comfortable with convicting a person of a crime based solely on DNA evidence than with convicting a person based on eyewitness testimony? • Other than scientific evidence, what else might influence the decision of a jury? • If the case were heard by a technology-savvy jury, would the verdict have been different? • If the memories of an eyewitness are open to contamination, how can we trust what honest people see? • Should eyewitnesses that wrongly implicate a person for a crime be held accountable for damages? • Should a wrongly convicted person seek damages and restitution? What would be the implications for our legal system? • How does the questionable nature of eyewitness testimony affect the use of DNA forensics? Internet Research links Killer’s Trial (http://www.pbs.org/wgbh/nova/sheppard/) From WGBH Boston, this is a collection of on-line resources that accompany a NOVA special investigating the Sam Sheppard murder case. The site includes a simple, interactive tutorial on DNA fingerprinting. Technology and Society Activity The site includes a more thorough review of the murder case and the evidence, or lack of evidence...
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...Effects of misleading question on eyewitness testimony. Aim: this was to find out if misleading questions distorts the accuracy of EWT. Method: loftus and palmer carried out a lab experiment which involved 45 students. They were shown 7 clips of a traffic accident. Afterwards the participants were given a questionnaire to answer series of questions. Although a critical question was asked, which was “how fast was the car going before hitting the other car”. Here the P’s were being split, one group were given this question while the others 5 groups were given verbs such as: smashed, collided, bumped and contacted instead of hit. Result: smashed (40.8), collided (39.3), bumped (38.1), contacted (31.8), hit (34) Findings: loftus and palmer found that the P’s weren’t able to recall the investigation properly due to the verbs that were given. strengths | weaknesses | * | * It lacks mundane realism because it isn’t likely to happen in real life. * It was done in a lab therefore it lacks ecological validity. It is within an artificial setting * P may not be emotionally aroused as they watch a video because it is not the same as real life * P also may not feel any sense of responsibility as they would have felt in real life. * Because P’s took part in all the studies they might have shown demand characteristics. * Small sample size limits generalizability | Effects of age on eyewitness testimony. Aim: conducted an experiment to see if age affects recall ability...
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... Dr. Nancy Furlong A current question that has been frequently asked is whether eyewitness reports provided by children during a court case are reliable. Children's memory capacity, their susceptibility to suggestion, and the delay between a crime and providing an eyewitness statement are some factors that can influence the reliability of these reports. Eyewitness reports provided by children can be reliable if given within a reasonable time frame, and that the presented questions are not suggestive. Also, that the eyewitness reports are provided by older children (9 to 12 years old), their reports tend to be more reliable than those of younger children (5 to 8 years old). Taking these factors into account in future court cases with children as eyewitnesses will ensure the best possible reliability in children's statements. The number of children as eyewitnesses is ever-growing and therefore child eyewitnesses are more involved in the field of legal testimony (Flin, Boon, Knox, & Bull, 1992). Due to this greater involvement, it is frequently questioned whether children are able to serve as credible eyewitnesses during a court case, especially in cases where the sole eyewitnesses to an offense are children (Flin et al., 1992). There can be several factors that might influence the reliability of children's eyewitness reports. Firstly, children of all ages have the capability to give accurate reports when they are asked to freely recall...
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...were given thirty seconds to consider each question and write their answers, along with their degree of confidence in each one. This short, informal study (and the unreliable and inconsistent answers which it produced) became one of the very first on the psychology of testimony, and inspired one of the most significant studies in the history of forensic psychology. Fascinated by Cattell’s findings, psychologist Louis William Stern - along with the help of criminologist F.V. Liszt - attempted to bring Cattell’s design to life by conducting a staged quarrel within the walls...
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