Three Forms Of Witness Identification Essay

In 1989, former NSW police superintendent Harold James Blackburn was arrested and charged with 25 crimes under the Crimes Act 1900 which took place over a matter of nearly 20 years (New South Wales 1990). The charges included the crime of rape at Georges Hall in 1969 and sexual assault at Sutherland in 1985, as the Crimes Act 1900 had been updated during the periods of time that the alleged crimes took place (New South Wales 1990). When the case was presented to court in 1989, the Director of Public Prosecutions offered no evidence and the magistrate discharged Mr Blackburn on all charges (New South Wales 1990). A royal commission was established in 1990 to investigate the events and determine how an investigation could have failed to the

An absurd amount of innocent people in the nation, have fallen victim to a disorganized legal system, and are suffering because of it. Dennis Brown, and James Harden, are two examples of this, and can relate because of it. They’ve been falsely convicted, without DNA evidence, but the truth of the case is finally revealed with their release.

Trayvon Martin was assaulted and shot by George Zimmerman. During the trial visual evidence was used against George Zimmerman. Visual evidence is becoming more and more relevant in these recent trials. The increases use of visual evidence is a definite positive thing, however those who use such evidence should do so wisely. Those who improperly use visual evidence may mislead the jury, and convict/ not convict the right person.

There are a lot of reasons as to why in actual person is wrongfully convicted in the United States Criminal Justice System. This research paper will review eyewitness misidentification and why it is so big in wrongful convictions. It will also look at some feasible remedies and coherent changes that could reduce the conviction rate of people who are actually

For the past two decades, “The Innocence Project” with the help of updated science methods have worked relentlessly to get innocent people out of prison. Through DNA testing, they have been able to find new evidence that have freed hundreds of prisoners who were wrongfully convicted. Other factors such as eyewitness misidentification, false confessions, government misconduct, and inadequate defense also played keys roles in the wrongful convictions. The case that I would I would like to highlight today is that of, Johnnie Lindsey. Johnnie Lindsey was a 30-year old laundry worker who was falsely accused of rape. On August 25, 1981, a white woman reported that she raped while riding her bike at White Rock Lake in Dallas. She told police that

Procedural History: State prisoner filed pro se application for writ of habeas corpus to secure his release from imprisonment for rape. The U.S. District Court for the Western Division of New York denied his request and he appealed. The U.S. Court of Appeals, Second Circuit remanded.

When one is victim of or witness to a crime, it is expected that said person is brought into the police department to be questioned by the police. During this line of questioning it is possible that the victim or witness take part in suspect identification procedures. Such procedures include the use of lineups, showups, photo arrays and others. These procedures are referred to as system variables. These system variables are factors under the control of the investigators that have a demonstrated effect on the accuracy and reliability of eyewitness testimony. Examples of system variables that can influence eyewitness testimony include but are not limited to: statements made to eyewitnesses prior to and after lineups, instructions given to witnesses

The article “When Our Eyes Deceive US” speaks about the wrong decisions that can lead to a wrongful conviction. This particular article decided to focus on cases of wrongful convictions of sexual assault. The first case mentioned was that of the wrongful conviction of Timothy Cole. His victim positively identified him three times (twice in police lineups and one in person at the trial), he was exonerated by DNA testing. To the utmost misfortune, the real rapist had been confessing to the crime for nine years.

As stated in the Fourteenth Amendment, “no state shall deprive any person of life, liberty, or property, without due process of law” (School). Police officers work non-stop, around the clock to only detain, arrest, and covict criminals. The restrictions of abusing victims rights have been part of the United States since the Bill of Rights but this view changed in the 1960s. Due to the fact that crime was rising in the 1960s, public satefy was becoming more of a concern so officers needed a method to reduce crime in the public. Poilice officers decided to treat suspects harsher in hope to reduce crimes. They treated the suspects harsher while they were in custody, such as the interrogation process

Children have been found to experience much higher levels of communication difficulty in the criminal justice system and this diminishes their ability to give evidence with the coherence desired by the court to facilitate prosecution of crime. In the case of R-v- Green youth court, the court held that There was no absolute right for a defendant to be allowed to face his accusers. Special measures to protect a vulnerable or intimidated witness from the accused would not normally be applicable to a defendant witness, but other means were available to a court to assist a defendant in ensuring that where he had communication difficulties, his case was put across properly. The court had an obligation to achieve fairness in each particular case, and that requirement was met by the system. This application was dismissed but the ruling gave critical understanding that a child under 17 years qualifies to be a vulnerable witness if they have communication difficulty and vulnerability was more circumstantial than mere age

There has been extensive research conducted on both estimator and system variables and how they specifically relate to the witnessing of a crime. Estimator variables represent sources of eyewitness error that are beyond the control of the criminal justice system. They typically happen during or following the crime before investigators are able to arrive on the scene. This represents the basic way humans perceive things and remember them and their overall influence can only be estimated. On the other hand, system variables are controlled by people within the criminal justice system when collecting information from eyewitnesses. In this case, errors are preventable. I will be discussing three estimator variables and three system variables and

Although, most witnesses are reluctant to stand up and testify against a prosecutor in any case, it is the fear of one’s safety and witness intimidation which is the reason many are hesitant to take action. An individual witness a violent crime in the neighborhood, and is able to identify the perpetrator, he should contact the authorities and testify against the criminal. Whenever someone is a witness to a crime, one’s should feel guilty if it is not reported. The witness of any crime should have integrity and do what is right and not fear what may happen because their rights are protected by the law. If you’ve witnessed a crime you should report it because you could potentially save someone’s life, and help put away a dangerous threat to

Wrongful convictions are one of the most worrisome and tragic downsides to the Canadian Criminal Justice System. As stated by Campbell & Denov (2016). “cases of wrongful convictions in Canada call into question the ability of our criminal justice system to distinguish between the guilty and innocence” (p. 226). In addition, wrongful convictions can have devastating repercussions on the person, who was found guilty, effecting their personal/public identities, beliefs and family lives. This essay will be examine some of the common factors that apply to the conviction of an innocence person. Also, whether the CJS is doing enough to inhibit wrongful convictions and finally, the problems that parole can cause for a person maintaining their innocence.

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. This essay draws conclusions as to which method the legal system should implement.

Eye witness identification involves selecting an accused perpetrator from a police line up, sketch or being at the crime scene during the murder time. After selecting a suspect, witnesses are asked to make a formal statement confirming the ID of the suspect (s) or other surrounding details which the eyewitness can testify in court. Eyewitnesses are always required to testify in court but eyewitnesses with psychological disorders, substance dependancy are at a higher chance of identifying the wrong suspect therefore wrongfully assisting convict the perpetrator in the wrong  (Hal Arkowitz,  Scott O. Lilienfeld,  January 1, 2010).