Effects Of Eyewitness Testimony

1098 Words3 Pages
bulb-icon

Recommended: The importance of confidence

Despite seemingly confident, eyewitness testimony may not be as reliable as is commonly believed; oftentimes perception and attention work on the memory to create inaccurate recollection. The cognitive processes of perception and attention in turn, affect the cognitive process of memory, often influencing the resulting accuracy. Many people equate the confidence level of eyewitness statements as unwavering evidence, yet there are factors that make this a fallacy. Testimony of events after the fact, are often prone to a variety of errors. “Confidence” of a witness does not always equate to “veracity”.
Perception as a cognitive function incorporates external sensory input with internal knowledge gained from experience. In the act of perceiving, …show more content…

When we see something incomplete, our brains will complete the picture for us; this is not always infallible. Items held in working memory typically last thirty seconds if not used and then are discarded, leaving many details about a time and place lost to recall. Additionally, memory accuracy has been shown to wane during times of witnessing aggression and violence in media (and likely so in real life.) The level of processing being performed can affect memory as well. Shallow, sensory processing has been shown to be less reliable than processing that is deep and meaningful (Matlin, …show more content…

Jurors, with no better information to go on, are more compelled by witness testimony if the eyewitness seems certain. In most studies, the correlation between eyewitness confidence and eyewitness accuracy is poor (Matlin, 2013). Most eyewitnesses are strongly confident in their memories, even when they are not based entirely on actual recall. This translates to jurors equating that displayed confidence as an accurate gauge of validity and form their decisions accordingly. The more confident the eyewitness, the more assured the juror is, and subsequently has more confidence in the testimony. Some people believe the eyewitness testimony of one individual should be enough to convict and sentence

Show More
Related

  • In The Magic Of The Mind Summary

    75 Words  | 1 Pages

    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

    Read More

  • The Pros And Cons Of Eyewitness Testimony

    550 Words  | 2 Pages

    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.

    Read More

  • Psychological research shows that eyewitness testimony is not always accurate, therefore it should not be used in the criminal justice system. Dis...

    1751 Words  | 4 Pages

    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...

    Read More

  • The Effect of Hypnosis on Eyewitness Testimony

    689 Words  | 2 Pages

    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.

    Read More

  • Eyewitness Testimony Analysis

    1245 Words  | 3 Pages

    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

    Read More

  • The Accuracy of Eyewitness Testimony in the Criminal Justice System

    1837 Words  | 4 Pages

    There has been considerable debate worldwide, regarding the accuracy of eyewitness testimony in the criminal justice system. Particularly, arguments have surrounded wrongful convictions that have resulted from incorrect eyewitness evidence (Areh, 2011; Howitt, 2012; Nelson, Laney, Bowman-Fowler, Knowles, Davis & Loftus, 2011). The purpose of this essay is to consider psychological research about the accuracy of eyewitness testimony and its placement in the criminal justice system. Firstly, this essay will define how eyewitnesses and their testimonies are used within the criminal justice system and the current debate surrounding its usage. Secondly, the impact of post-identification feedback will be used to show the affect on the confidence of a witness. Thirdly, studies around gender related differences will show how a witnesses gender can affect memory recall and accuracy. Fourthly, empirical studies will be used to highlight how a psychological experience called change blindness can cause mistakes in eyewitness identification. Finally, the effect of cross-examination will be used to explore the impact on eyewitness accuracy. It will be argued, that eyewitness testimony is not accurate and highly subjective, therefore, the criminal justice system must reduce the impact that eyewitness testimony is allowed to have. Developing better policies and procedures to avoid wrongful convictions by misled judges and jury members can do this.

    Read More

  • The Reliability of Eyewitness Testimony

    952 Words  | 2 Pages

    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.

    Read More

  • Eyewitness Testimonies Essay

    1332 Words  | 3 Pages

    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.

    Read More

  • Looking at Eyewitness TEstimony

    433 Words  | 1 Pages

    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.

    Read More

  • Essay On Inaccurate Memory

    1208 Words  | 3 Pages

    This study took place because if memories are believed to be inaccurate then why are things such as eyewitnesses’, in legal proceedings, taken so seriously when their memory can easily be false

    Read More

  • Eyewitness Identification and Reliable Testimony

    2504 Words  | 6 Pages

    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.

    Read More

  • Formation Of False Memories

    482 Words  | 1 Pages

    Have you ever been an eyewitness at the scene of a crime? If you were, do you think that you would be able to accurately describe, in precise detail, everything that happened and remember distinct features of the suspect? Many people believe that yes they would be able to remember anything from the events that would happen and the different features of the suspect. Some people, in fact, are so sure of themselves after witnessing an event such as this that they are able to testify that what they think they saw was indeed what they saw. 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.

    Read More

  • Theme Of Conformity In 12 Angry Men

    1115 Words  | 3 Pages

    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

    Read More

  • Memory

    546 Words  | 2 Pages

    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.

    Read More

  • A Distortion of Reality

    1111 Words  | 3 Pages

    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

    Read More

More about Effects Of Eyewitness Testimony

Open Document