Hugo Meckberg On The Witness Stand Summary

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Hugo Münsterberg became the first psychologist to use his education, training, and tools to step into the judicial realm of the courtroom. As we learned in our reading, Münsterberg had written many articles regarding how psychology could be used to assist with legal issues (Hothersall, 2004). In his book On the Witness Stand, Münsterberg detailed how eyewitness reports were often invalid due to what he called “subjective and objective truth” (Hothersall, 2004). According to Münsterberg, when one takes an oath on the witness stand to tell the truth they it is not a guarantee to tell the objective truth (Hothersall, 2004). His main issue with eyewitness testimony was regarding memory and how it is difficult to recall something clearly that happened …show more content…

Due to Münsterberg’s previous work he was invited by the then Idaho governor to forensically test Harry Orchard, a person on trial for the murders of eighteen people (Fancher & Rutherford, 2012). During a period of seven hours Münsterberg tested Orchard using a variety of devices he used in his own laboratory. After the testing was complete, Münsterberg was positive Orchard was being honest regarding his crimes and those who were also involved (Hothersall, 2004). Unfortunately for Münsterberg, he was met upon his arrival home by a particularly aggressive reporter who was able to discover the results of Orchard’s testing. The reporter published the test results before the trial was finished and raised the anger of lawyer’s across the nation for interfering with the judicial process (Fancher & Rutherford, 2012). The concept of using psychology to determine innocence or guilt has distinct possibilities in theory, but in practice there are a few fundamental …show more content…

Each time a memory is accessed that particular memory is distorted minutely, but even minimal distortion can lead to an unintentional faulty memory. One faulty memory could mean the difference between the guilt and innocence of another human being. When someone’s life is at stake, eyewitness testimony should not be the only factor considered during deliberation. Given the knowledge we now have for eyewitness testimony it appears Münsterberg was ahead of his time with his research findings. Still another fundamental flaw is found in the concept of admitting to a crime one did not commit. If the specifics surrounding the crime were given in enough detail, someone innocent of the crime seeking notoriety may be able to convince the legal system of their guilt. Münsterberg believed he could tell if someone were lying by monitoring their “eye movements, respiration, heart rate, blood pressure, hand tremor, and electrical resistance of the skin” (Hothersall, 2004). How would psychology combat this if the supposed criminal is a gifted liar? It has been shown time and again results from polygraph testing are inadmissible in court due to their insufficient proof of accuracy. If courts have deemed polygraph testing as inadmissible Münsterberg would have not been able to use any of his findings in court. Yet another fundamental flaw would be crimes committed by a

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