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Bias and false memories
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The novel Witness for the Defense: The Accused, the Eyewitness, and the Expert Who Puts Memory on Trial goes into great detail about the encounters an expert witness, on memory especially, might come across by telling true stories from Dr. Elizabeth Loftus’s experiences with the help of Katherine Ketcham. It also provides information about Loftus’s work and research on memory and its limitations and malleability (Loftus & Ketcham, 1991). Applying research on memory to this novel allows one to better understand the implications of the prosecutor’s case more effectively. The first story told in Witness for the Defense is the one involving Steve Titus. It was a case involving the rape of a seventeen year old female. Titus was identified …show more content…
The victim’s flimsy identification was caused by something known as relative judgement conceptualization—this is when the victim identifies the person who most closely resembles the perpetrator in comparison to the other individuals in the lineup as the offender even if that person did not commit the crime. The victim’s eyewitness testimony also began to grow stronger as time went on because of commitment bias. Commitment bias causes the victim to become more convinced that someone is the actual perpetrator because of an eagerness to please the police and because of the assumption that the police has substantial evidence against the suspect; thus, every time the victim is shown the suspect, they begin to …show more content…
Gary Eastburn, Kathryn’s husband, contacted the police with information that his wife had placed in ad in an attempt to get rid of their dog; the man who picked up the Eastburn’s dog was Hennis. Because of this interaction with Kathryn, Hennis was interrogated, and his picture was placed in a photo based lineup for a potential witness to view. The witness had seen someone walking down the Eastburn’s driveway early in the morning, and he eventually identified Hennis as the man he saw. However, his identification of Hennis was not without flaws; the witness stated that he looked most like the man he saw, but he stated that he could not be sure that it was him. This identification was very tentative, and there was a lot of pressure put on the witness by the police (Loftus & Ketcham, 1991). The witness indicating that Hennis looked the most like the man he saw could be a suggestion that his identification may be a product of relative conceptualization judgement (Bartol & Bartol, 2012). When comparing the witness’s initial description of the man he saw to the one he gave in court, it is obvious that there are major differences; the description that the witness gave changed to fit Timothy Hennis’s physical appearance (Loftus & Ketcham, 1991). This could be caused by unconscious transference. Unconscious transference occurs when an individual confuses a person
In the magic of the mind author Dr. Elizabeth loftus explains how a witness’s perception of an accident or crime is not always correct because people's memories are often imperfect. “Are we aware of our minds distortions of our past experiences? In most cases, the answer is no.” our minds can change the way we remember what we have seen or heard without realizing it uncertain witnesses “often identify the person who best matches recollection
On 1997 four men were convicted of the rape and murder of Michelle Basko. The four men were Joe Dick, Daniel Williams, Eric Wilson, and Derek Tice. Detective Robert Ford believed that the four U.S. navy men were all guilty of the crime. One of the victim’s friend claimed that Daniel Williams, was Michelle Basko’s murderer. Based on the information provided by Basko’s friend, Ford suspected that William was guilty. With that, the series of harsh interrogations led by detective Robert Ford began. Detective Ford began his interrogatories with a label that Williams is the suspect. The psychological abuse he used, led Williams to make a false confession. After closing the case, the DNA results did not match the one in the crime scene. Instead of releasing Williams, it was believed that Joe
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
(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
Memory plays a large role in our legal system. A person who witnesses a crime has to rely on recalling information, which isn’t always completely accurate. In Johnson (1993) paper she discusses ways memory interferes with the legal systems and what rules and regulations help prevent memory failure to interfere.
Wells, G. L., & Bradfield, A. L. (1998). “Good, you identified the suspect”: Feedback to eyewitness distorts their reports of the eyewitness experience. Journal of Applied Psychology, 83(3), 360-376.
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.
Because police investigators are usually under pressure to arrest criminals and safeguard the community, they often make mistakes. Sometimes, detectives become convinced of a suspect 's guilt because of their criminal history or weak speculations. Once they are convinced, they are less likely to consider alternative possibilities. They overlook some important exculpatory evidence, make weak speculations and look only for links that connect a suspect to a crime, especially if the suspect has a previous criminal record. Picking Cotton provides an understanding of some common errors of the police investigation process. During Ronald Cottons interrogation, the detectives did not bother to record the conversation “But I noticed he wasn 't recording the conversation, so I felt that he could be writing anything down”(79) unlike they did for Jennifer. They had already labelled Ronald Cotton as the perpetrator and they told him during the interrogation “Cotton, Jennifer Thompson already identified you. We know it was you”(82). Jenifer Thompson 's testimony along with Ronald Cotton 's past criminal records gave the detectives more reason to believe Ronald committed the crime. Ronald Cotton stated “ This cop Sully, though, he had already decided I was guilty.”(84). Many investigative process have shortcomings and are breached because the officials in charge make
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.
She was also given an extensive amount of time viewing the lineup physically and was for the most part hesitant until she pointed out Ronald cotton. In her mind after finally coming to the conclusion that Ronald was her rapist, his face began to become a lot clearer in her head as her rapist and she gained much more confidence in her decision. I took a course in Memory and Eyewitness Testimony and one of the cases we studied in the class was the Ronald cotton case. I found it interesting that Benforado and my other professor Dr. Hildy Schilling both said that in most cases no one is trying to set no one up, they truly do have the intention to catch the
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
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.