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reliability of eyewitness testimony
can children provide reliable eyewitness testimony?
can children provide reliable eyewitness testimony?
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The Importance of the Accuracy of Children’s Eyewitness Testimonies
An Eyewitness testimonial is a legal term that refers to an account of events given by a witness. These eye witness accounts are important and significant because they are sometimes considered to be direct evidence in court. The justice system takes eyewitness testimonies into strong consideration when they determine a verdict. Thus, the matter of the accuracy of testimonies, especially in children, raise questions because of the weight it holds in the final verdict.
Discussion of Relevant Information
Loftus was one of the first to do research on leading questions and eyewitness reports. Loftus (1975) conducted an experiment to show how word choices in questions asked directly
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They focused on how many times a question was asked and the time length between repeating the question. In the experiment, the students watched an event and was asked questions following the event. Later the children were asked the same questions again. Results showed that all ages showed a negative shift in repeated questions responses regardless of how many times it was repeated and how long it took to be repeated. Further results showed that gender did not play a role in the accuracy nor consistency in children’s testimonies but age did. Accuracy and consistency increases with age. Repeated questions have a negative impact on children’s performance in an interview process because they feel as if their answers are incorrect due to the redundant questions. Children also had a hard time saying that they did not know an answer to a question. Children are not likely to change their answer to a question that they are sure about no matter how many times they have been asked the same …show more content…
Loftus (1975) and Krahenbuhl, Blades and Eiser (2009) both used the same method to measure their subject’s accuracy and consistency in their testimonies. They all used the method of having subjects watch a video on an event than test their accuracy and consistency by the answers from a questionnaire. Perry et al. (1995) took a different approach on the accuracy and consistency of eyewitness testimonies. Unlike the others, this study put children in a court situation to examine how the lawyerese question would impact the accuracy and consistency. These tactics put children in a real courtroom scenario. Questions were asked with the use of negatives, rapid shifts, etc., to demonstrate how lawyers would interact with children in court. Although there were different methods, these articles all came together and proved that eyewitness reports are not completely accurate and consistence especially in
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.
Witness One who can give a firsthand account of something seen, heard, or experienced: a witness to the accident One who furnishes evidence 2. Something that serves as evidence; a sign
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...
Memory is not reliable; memory can be altered and adjusted. Memory is stored in the brain just like files stored in a cabinet, you store it, save it and then later on retrieve and sometimes even alter and return it. In doing so that changes the original data that was first stored. Over time memory fades and becomes distorted, trauma and other events in life can cause the way we store memory to become faulty. So when focusing on eyewitnesses, sometimes our memory will not relay correct information due to different cues, questioning, and trauma and so forth, which makes eyewitness even harder to rely on. Yet it is still applied in the criminal justice system.
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 aim of the research experiment is to explore the conditions under which unbiased leading questions would influence a child’s memory performance. If young children are asked unbiased leading questions, then their memory performance is going to alter the correct answer. The independent variable is age. Age is an important indicator of how children will view their environment. Age is often inextricably associated with available strategies which children may use to aid in their memory performance. The dependent variable is the number of correct answers. Hence, understanding the children’s limitations will help to understand their version of the truth.
Valentine, T., & Maras, K. (2011). The effect of cross-examination on the accuracy of adult eyewitness testimony. Applied Cognitive Psychology, 25, 554-561. doi: 10.1002/acp.1768
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.
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
Regan, P.C. & Baker, S.J. (1998). The impact of child witness demeanor on perceived credibility and trial outcome in sexual abuse cases. Journal of Family Violence, 13(2), 187-195.
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.
This article was mainly about eye witnesses and the many errors they make in recalling a situation or describing a culprit whether they are asked immediately or after a period of time.