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Eyewitness reliability in a courtroom
Are eyewitnesses identifications reliable
Is eye witness testimony reliable in a court of law? research paper
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Eyewitness Error
The justice system depends on eyewitness evidence to convict offenders. Eyewitness is a difficult task to achieve in the justice system. According to Wise, Dauphinais, & Safer (2007), in 2002 one million offenders were convicted as felons in America. Out of those one million offenders, 5000 of them were innocent in 2002 (Dauphinais, 2007). The Ohio Criminal Justice survey states that 1 out of 200 felony criminal cases is a wrongful conviction (Dauphinais et al., 2007). According to Dauphinais et al., (2007), Dripps said that eyewitness error is a huge factor in cases of wrong convictions. A study conducted in 1987 indicated that in roughly 80,000 criminal cases, eyewitness error was the only sole evidence against the defendant
According to Innocent Project (N.D.), officers who were white interrogated Marvin a black man, and the officers automatically made Marvin a possible suspect for a rape case and he was sentenced to 210 years in prison. In addition, Marvin was convicted because of wrong identity that was created by the cops. Her served 15 years in prison before his charges were overturned. DNA evidence was the key element that overturned Marvin charges. He was identified as the only black man that did the crime. The officers tampered evidence and made a false discretion that he was the person and that is how he was convicted (Innocent Project
Therefore, the criminal justice system relies on other nonscientific means that are not accepted or clear. Many of forensic methods have implemented in research when looking for evidence, but the methods that are not scientific and have little or anything 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). Defense experts are required to help the defense attorneys defend and breakdown all of the doubts in the prosecutors scientific findings in criminal cases. Scientific information is integral in a criminal prosecution, and a defense attorney needs to have an expert to assist he/she in discrediting the prosecution (Giannelli,
Dupree’s case. Through DNA testing they were able to clear him and get him released on parole in 2010 because the rape and robbery in which he was convicted occurred in the same incident. I believe that there was sufficient evidence during the initial trial to provide Mr. Dupree due process and be exonerated of these crimes. However, the systemic nature of discrimination and racism prevailed in the case. The system has always been flawed, and justice has not always been a priority for some, especially when it concerns minorities. The attitude is usually that all Blacks are the same, and if they didn’t do the crime at hand, they have done something they were not caught for, so it doesn’t matter. Even though Mr. Dupree was innocent at the time, the fact that Massingill had a weapon on him, and was also a suspect of another rape which he was committed for, in the eyes of the police, I believe that they overlooked the facts of this particular case, simply because he was with Mr. Dupree, and the two assailants were two Black
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...
Jurors have unrealistic ideas of evidence processing. ”Such programs give the impression that forensic laboratories are fully staffed with highly trained personnel, stocked with a full complement of state-of-the-art instrumentation and rolling in the resources to close every case in a timely fashion.” (Houck 85) Forensic laboratories face funding deficits, not enough suitably trained staff and the consistent advancement of technology. University of Maryland forensic scientist Thomas Mauriello estimates that about 40 percent of the forensic science shown on CSI does not exist. Carol Henderson, director of the National Clearinghouse for Science, Technology and the Law at Stetson University College of Law, told a publication of that institution that jurors are “sometimes disappointed if some of the new technologies that they think exist are not used.” (Houck 87) Investigators often have to explain to victims that it is not possible to collect a sample of...
Now, it takes a lot of courage for an investigator to stand up and admit a wrongful conviction, especially in a case that he helped to convict. That brings me to think agree with the statement of Chief Justice William H. Rehmquist “the justice system has not yet learned to confront the fact that, even when there are no easily identifiable misstep, it can produce an unjust outcome.” (Clifford 4) It is because of this reason, that manyinnocent people end up in jail. Despite the efforts to get them out, many of them are denied. It took nine years for federal agents to even consider looking into the Edward Garry conviction case. In addition, it took another three years for Garry’s lawyer to get a post-conviction motion, which was denied by a Bronx judge, saying that the new evidence wasn’t credible. And still, Garry has yet to be absolved for this crime that he did not commit despite witnesses testifying on his behalf. This is a really depressing case because of the fact that Garry has become broken. “Garry gives the impression of a man who has been inside literally and figuratively for far too long.” Twenty one years of his innocent life that he may never get back. All because this justice system has failed him as a
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.
(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
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...
Tom Robinson is guilty. Not only is that a false statement, it also shows how unfair we are when it comes to the black community. Obviously Tom Robinson was an innocent man, but since his skin color is black it does not matter, he would end up doing something illegal anyhow right? Wrong. I could have said more about what I saw, I could have helped more than what I did. But there it is again, I am white and I wanted to keep my peace with the townspeople. White supremacy is what the law is… but should that really be the law?
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
It was a mistaken identity case where the distressed raped women picked out the wrong black man. Even though the conviction was overturned due to DNA evidence, a mistaken eyewitness testimony led to a wrongful conviction that the Burlington Police upheld without question due to prejudice feelings toward determine Ronald Cotton (Thompson-Cannino, Cotton and Torneo 283). Ronald had his whole family testify that he had been home the night Jennifer was raped however because he had mixed up his dates when he originally confessed that police assumed he was lying despite what he and his family said. The other indication of racism on the police force was when the second rape victim did not pick Ronald Cotton out of the physical lineup; she claimed she was terrified of the black men standing in front of her and just needed to leave, even though she knew it saw Ronald that had raped her (Thompson-Cannino, Cotton and Torneo 129). Ronald was believed to be guilty and was trying to prove his innocence from the beginning. This simply cannot occur in a justice system where one is supposed to be innocent until proven guilty; racism played a part in convicting this innocent man. Even during the second court case when he was trying to prove his innocence he remembered feeling the jury turn and look at him, "every single one of their white faces" believed how terrible of a man he was (Thompson-Cannino, Cotton and Torneo
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.
Eyewitness testimony has been used for many centuries and continues to be a part of our criminal justice system. Although, there has been many controversy debates on whether to allow the continuation of these testimonies in court, and allow it to be used as evidence. Eyewitness testimony can either be harmful or useful for an individual. We must fully analysis and see what certain factors (psychological, and age wise) come into the equation before coming up with final conclusions.
According to Psychology Today, eyewitness identification can be unreliable. Many people who are convicted of crimes due to eyewitness testimony are usually released based on DNA evidence. As a result, criminals roam freely because eyewitnesses are unable to identify them properly. Eyewitnesses usually take time to identify potential criminals. The extra time allows them to mentally add all kinds of other specifics to the criminal’s face.
There are a number of factors that can affect the accuracy of children’s eyewitness accounts, such as suggestive questions, stereotyping and repetition. There have been a number of studies on all three of these factors, proving that they can negatively affect a child’s ability to recall information. One must remember, however, that studies are done in a lab-type environment and therefore lack ecological validity.