Pros and Cons of Eyewitness Testimony
To see is to believe. For many years, we have relied so much on our sight to validate our perception and understanding of the world around us. But just how reliable are our eyes and how trustworthy is eyewitness testimony?
Eyewitness testimony is any account provided by an eyewitness, a statement made under oath (sworn statement), which is either written on paper (affidavit) or done in court (court testimony). But for a person to swear he or she is telling the truth does not really make his or her sworn statement the truth, does it?
List of Pros of Eyewitness Testimony
1. It Influences a Jury's Decision
Eyewitness testimony, especially those done personally in court, allows the jury to hear the accounts of a crime directly from the person, as he or she recalls everything they saw or witnessed. Extreme emotions can arouse, and the way the eyewitness
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List of Cons of Eyewitness Testimony
1. It Heavily Rests on the Credibility of the Witness
The jury tends to believe and uphold the sworn statement of a "credible" eyewitness. But who determines and validates one's credibility? This makes the jury's decision susceptible to subjectivity.
2. People's Memory is Corruptible and Inaccurate
Study shows that when false facts are introduced to a person's memory, that person tend to have difficulty recalling what actually happened, and may even recall false or corrupted memories and believe them to be true. Also, the longer the event has happened, the harder it is for someone to recall it. In the case of a victim being the eyewitness, his or her injury, the weather condition and other external factors can blur their memory enough to make it inaccurate, and yet remains submissible to court.
3. Crime Creates Fear and Causes
The witness impacts the jury decision on many cases because the way they are. In the Trayvon Martin case Rachel Jeantel, the witness seemed like an illiterate hood person. The witness was on the stand for a couple hours. The defense would question her and agitate her to prove the jury that Mr. Martin was a hoodlum.
Followed by the lack of corroboration, which is an important aspect in courtrooms, “corroboration will add credibility to the memory and lack of it may raise doubts about the allegations.” Loftus considers that relying on memory is not a valid way of justice; the legal system needs to improve when eyewitness testimonials are used in the courts. Loftus confides as a psychologist that psychological science has taught them about human memory and that the research has revealed the limits of human memory. Adding on, these research findings need to be incorporated in procedures to improve the court system. She hopes readers will acknowledge the fact that the use of memories in a trial can be problematic since they are “dangerous” and can lead to false
However, these two men would not have suffered what they never deserved to if there were enough strong evidence their innocence. According to a survey of Ohio State University, there are about 10,000 people in the United States might be wrongfully convicted of serious crimes each year; also, this survey points out that there are more than half of those wrongfully convicted cases (52.3%) were built on eyewitness misidentification (Tom Spring). Unfortunately, Ronald Cotton was one of victims of those wrongfully convicted cases. The book tells us that after spending 5 minutes of studying mug shot photos, Jennifer, who was a victim of rape, picked Ronald Cotton who was one of the pictured; second, during the lineup, she picked him again without
Her earliest studies of eyewitness testimony addressed several issues: when someone sees a crime or accident, how accurate is his or her memory? These studies led Loftus to ask what happens when witness are questioned by police officers, and what if those questions are suggestive (Loftus, 2003). For instance, when Loftus began showing people films of traffic accidents, she found that a question such as “How fast were the cars going when the smashed into each other?” led to higher estimates of speed than a more neutral question that used the verb “hit”. Moreover, the “smashed” question led more people to falsely remember seeing broken glass when there was none.
The description of the Lockerbie bombing may provide image on how lengthy and complicated an investigation and a trial process could be. Eyewitness would have to go through repeated interviews. The purpose of this procedure is to assess the consistency and accuracy of the testimony. Unfortunately, it is often not realized that repeated interview may also have a negative effect on the quality of the testimony given. A study by Sharps, Herrera, Dunn, and Alcala investigated the effect of repeated questioning in the format based of police procedure (2012).
Effects of post identification feedback on eyewitness identification and nonidentification confidence. Journal of Applied Psychology, 89, 334–346. Lindsay, R., & Wells, G. (1985). Improving eyewitness identification from lineups: Simultaneous versus sequential lineup presentations. Journal of Applied Psychology, 70, 556–564.
Historically, eyewitness accounts of a crime were a vital piece of evidence used in the prosecution of criminal offenses. Lineups were a method used where typically a group of individuals not involved in the crime along with the suspect whom is believed to be directly related to the crime are grouped together for the witness to review in the hopes to identify the suspect. This is accomplished in two ways, the first is simultaneous where several photos are grouped together at the same time (typically six) for the witness to review. This specific procedure raises the issue of certainty from the witness.
From this one can conclude that people are trying to stop false witnesses. This is happening by sending them to jail. Three false witnesses in a murder case received double-digit prison sentences (O’Grady). This shows that people are taking steps to the right path of justice. A more specific example can be Austasia Kapteyn.
When analyzing a witness testimony, the first thing to consider is; is this witness telling the truth or are they lying? One must be able to spot the small nuances and
As Loftus explains, we are so willing to accept unreliable eyewitness accounts because we do not understand how memory actually works. Most people believe the "video camera" scenario instead of the "evolutionary" scenario. Because of this misconception we are very strongly inclined to believe eyewitness accounts. “Why is eyewitness testimony so powerful and convincing? Because people in general and jurors in particular believe that our memories stamp the facts of our experiences on a permanent, non-erasable tape, like a computer disk or videotape that is write-protected,” (p. 21).
Are You Sure? Why have more than two-thousand people exonerated for crimes they didn’t commit? Eyewitness misidentification is the leading cause of wrongful convictions in the U.S. Memory can be influenced by anxiety, stress, reconstructive memory and other factors possibly affecting the testimony of the eyewitness and in turn, misleading the jury. I think that when subjects witness a crime they will struggle to remember important details of the event, and their recollection could be easily altered. This is because the reconstructive memory can be influenced by factors such as stress, anxiety, and verbal cues.
This week’s topic was very interesting to learn about how important eyewitnesses can be when a crime and accidents do occur. In the case that was presented in the 60-minute segment of Ronald Cotton and Jennifer Thompson is exactly how legal system can fail us when it comes to the eyewitnesses’ identification testimony and how a person’s perception and memory can be altered. The aspect of psychology and law research from this week’s course material is most relevant to the topic of perception and memory. The memory has different stages the first is encoding the process of entering perception into memory.
Introduction A 5-year old boy, whose parents are undergoing a divorce, reports that he was sexually molested by his father. His mother takes him to a psychologist who evaluates him using various techniques, including a clinical interview, Anatomically Correct Dolls, and a test she has created called “Detection of Childhood Abuse Test” (DCAT). The psychologist is called to testify in court about her findings. (1) What are the issues related to the validity of using Anatomically Correct Dolls for this purpose?
Furthermore, there can be several factors at play when a wrongful conviction occurs and each case is unique. Three of the more common and detrimental factors that will be explored in this essay are eyewitness error, the use of jailhouse informants and professional and institutional misconduct. Firstly, eyewitness testimony can be a major contributor to a conviction and is an important factor in wrongful conviction (Campbell & Denov, 2016, p. 227). Witness recall and, frankly, the human emory are not as reliable as previously thought. In fact there has been much research showing the problems with eyewitness testimony such as suggestive police interviewing, unconscious transference, and malleability of confidence (Campbell & Denov, 2016, p.227).
Eyewitness identification is ineffective and unjust. Studies have shown that 40% of eyewitness identifications are wrong (Vrij, 1998). Eyewitness identification has great importance in the legal system. This requires the best eyewitness testimony procedure. This essay examines the three main types of eyewitness line-ups; the showup, the sequential and the simultaneous line-up.