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Reliability of eyewitness testimony essay
The credibility of eyewitness testimony
Problems with eyewitness testimony psychology
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The dictionary defines eyewitness testimony as “the account a bystander gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation.” As of right now, jury courts love to use eyewitness testimony as valid proof in court cases. However, based on recent research, psychologists have found that perhaps it is not as reliable as we all thought. In order to truly deem whether or not eyewitness testimony is admissible in the courtroom, we must look at four psychological factors: anxiety/stress experienced during the incident, a person’s ability to reconstruct a memory, whether or not there was a weapon involved due to weapon focus, and the way the question is posed to the witness. ( ) …show more content…
I was the driver and I had one passenger. The man that hit me was by himself. The only thing I know is that I was turning left through an intersection and as far as I remember, no one was in the oncoming lane - making it acceptable for me to turn. I did not see a car coming towards me, and neither did my passenger. The man claims that he was driving straight and that I failed to yield to him. However, neither of us recalls seeing a vehicle coming towards us or even seeing his headlights in the black of the night. All I can remember is everything going black for a short second, the white of the airbags, the grey of the smoke, and the nasty burnt smell that emitted from my car. I looked down and realized I was alive and then looked over in sheer terror to see if my best friend was okay. I yelled for her but she wasn’t giving much of a response. Physically, she looked fine and her eyelids were moving so I knew she would be fine. At that point, I smelled the smoke and began to feel extremely claustrophobic. In pure panic, I rushed to open the windows and to get out of the car. I was tugging and pulling to get out and couldn’t move until I realized my seatbelt was still on! When I got out, I think I heard a man’s voice …show more content…
A few minutes after the accident had happened my friend asked me if I heard her scream… I said “No.” Then, a few days later I spoke with the nurse on campus and she was rambling about how car accidents are terrible and how “you’ll never forget that God awful sound.” I thought to myself, “I have no idea what you’re talking about, I don’t remember the sound of it.” So, if I could not remember the sound, then why is it that when I accidentally crashed into my co worker holding plates and glasses a few days after, I instantly started crying and panicking after hearing the loud, horrible sound the clanking of the dishes made? I cannot explain the sound it made, nor can I remember it, but I associated the plates crashing with the sound of two cars crashing. I believe these are questions that will haunt me for the rest of my life. The only thing that could change that is if I was shown video footage of the accident. Then, I would be at some kind of
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...
The Effect of Hypnosis on Eyewitness Testimony Works Cited Missing Under hypnosis an eyewitness could produce false information whist giving a statement to the police. This is because one of the characteristic of being hypnotised is being sensitive to suggestion. Therefore the witness can give suggestive information through leading question (even if this isn't intended). It could lead to an alteration. of the existing memory.
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
The situation that I have thought of is, when I was on the jury for juveniles who committed first offenses. While I was listening to the lawyers depend these kids, I looked on the list and saw a familiar name. The name was a person I went to kindergarten with. She was being convicted of shoplifting. I could not believe it. All the thoughts of that soft, kind-hearted person went out the window. My behaviors were changed by the environmental influences. My thoughts were overcome with coldness. I felt that she choose her situation. Somewhere along she became part of the wrong crowd and never changed her situation. I also think that the situation changed what I thought of her.
Elizabeth Loftus, is a psychologist, mainly concerned with how subsequent information can affect an eyewitness’s testimony. Loftus has focused on misleading information in both the difference in wording of questions and how these questions can influence eyewitness testimony. This research is important because frequently, eyewitness testimony is a crucial element in criminal proceedings. Throughout Loftus’s career she has found a witness’s memory is highly flexible and subject to being influenced. The classic study by Loftus and Palmer (1974), illustrates that eyewitness testimony can be influenced by leading questions and ultimately proved unreliable.
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...
Fradella, H.F. (2006) Why judges should admit expert testimony on the unreliability of eyewitness testimony. Federal Courts Law Review. Retrieved from http://www.fclr.org/fclr/articles/html/2006/fedctslrev3.pdf
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.
The use of eyewitnesses has been a constant in of criminal justice system since its very beginning. Unfortunately, people do not make the best witnesses to a crime. The person may not have seen the actual criminal, but someone that looks similar to them. The witness may lie about what he or she may have scene. Also the witness can be influenced by the police as to who or what they saw at the time of the crime. The witness or victims memory of the person may have faded so that they don’t remember exactly what had seen, which could be disastrous for the accused.
Eyewitness testimony is when people who were either involved in the “accident/ situation” give their side of the story, and give a testimony on what supposedly happened all through their eyes (Branscombe & Baron, 2017). In the movie eyewitness testimony was key to convict the “killers” of the store clerk murder, and one example was when each person described the car all from different points of view and distances. I felt like the eyewitnesses just used each other to reference the same car, they all didn’t have an accurate description of the car but when with it based on what the lawyer was say and hinting at. Another way these eyewitness testimonies seemed to be completely wrong and even harmful to the investigation was because everyone said that they saw Billy and his friend running away and speeding off when they could not really describe those two young mans descriptions with great detail. Which this was another form of eyewitness testimonies are really unreliable and shouldn’t really be used in a court of
Vallas, G. (2011). A survey of federal and state standards for the admission of expert testimony on the reliability of eyewitnesses. American Journal of Criminal Law, 39(1), 97-146. Retrieved from http://search.ebscohost.com.pioproxy.carrollu.edu/login.aspx?direct=true&AuthType=cookie,ip,cpid&custid=s6222004&db=aph&AN=74017401&site=ehost-live&scope=site
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
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
Last year I got involved in a massive car accident. It was the most terrified part of life. It was the moment. I will never forget in my whole life. Before, I never realized how people really feel when a car accident happens.But,after this car accident I know what really it felt like. It was the moment. My mind was totally feared of driving. I was crushed by the hot metal and cold dirt of car. I was not feeling my arm,my body was numbed.It was felt like my lower body pressed down with monster force. All I could feel was the noise of car accident ringing in my ear.I was barely able to move my body. I was kept thinking. What my parents going to think about this? Where is my friend John? I looked through the window and saw the cars passing by