Sydney Caparaso Mrs. Sherry AP Psychology 27 August 2015 Witness for the Defense: Elizabeth Loftus Human memory may not, as many think, resemble a permanent tape of our lives ' events, replayable at a whim. Elizabeth Loftus discusses her theories of memory and accuracy in her book, Witness for the Defense. Loftus has testified as an expert witness in more than 150 court cases, several of which she sites, discussing the different ways a memory can be fallible. She urges jurors to remain skeptical of eyewitness identifications of defendants, and demonstrates how mistakes have been made. This book is built around descriptions of cases in which Loftus has been involved as an expert witness for the defense. The book begins with a brief description …show more content…
Part One is very informational and contains the bulk of the book’s research. The information was presented in a thesis format; Loftus stated a claim and then supported her ideas with research and quotations from experts in the field of law and memory. Part One is helpful for psychologists, attorneys, and interested law people. The major principles concerning the errors in eyewitness testimony are supported by research and are accepted by psychologists (Kassin, Ellsworth, & Smith, 1989). Part One will contribute to the future of psychology by showcasing how the memory works and the different ways it is manipulated and changed: this will allow jurors and lawyers to become more wary when dealing with a traumatized …show more content…
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). This passage is important because it shows how much emphasis jurors put on eyewitness testimonies. This passage is important for research purposes as it explains why jurors find this form of testimony so reliable. People do not want to believe that memories can be changed or manipulated so it is easy to sympathize with a defendant. Within Part Two of the book, Loftus discusses her personal connections to memory and testimonies. This proves that Loftus is unbiased as she herself describes how easy it is to have memories change and be affected by outside
Eyewitness accounts play a huge role in general in trials and verdicts, but may be unreliable many times, with certain views placed on evidence provided by children. Unreliability may arise from not being able to recount the identity of the accused, the actions and speech occurring during that time, the relationship of individuals towards the person in question, and many
These fictionalized accounts of a criminal investigation are provided to the public with the intention of gaining financial rewards through the mass production and consumption of entertainment. In appealing to this entertainment factor a myriad of components are considered in the development of crime films and literature. In Old City Hall, Rotenberg’s inclusion of multiple perspectives allows the readers to follow the thought process of the different components that make up the criminal justice system, including legal counsel, police officers, judges, forensic analysists and witnesses. For instance, Rotenberg mentions the techniques often used by both lawyers and detectives in carefully phrasing questions to get a response from a witness or suspect. “He knew what impressed judges and juries most was not a witness who simply read from the notebook, but one who genuinely tried to remember what it was he had seen and heard and felt” (Rotenberg, 2009, p. 247).
She even remembered her father impregnating her twice and forcing her to have abortions. Because of this, her father had to resign his position in the church when the allegations spread. However, after medical tests, it was shown that she was still a virgin and had never been pregnant (“Loftus”). She was so confident in her false memory but it was not true. Investigations today show that under the right situations, false memories may be implanted easily in people like in eyewitness testimonies.
In the book “Picking Cotton”, the former Burlington Police Chief Mike Gauldin, who was the lead detective on Jennifer’s case, was certainly sure that Ronald Cotton was the guy he was looking for after Jennifer picked him twice (Jennifer, Ronald, Erin 80); also, on the McCallum’s case, the polices also chose to trust eyewitnesses when they did not have enough physical evidences. Furthermore, judges can be wrong sometime. Wise and Safer, who are authors of the report “ what US judges know and believe about eyewitness testimony”, surveyed 160 U.S. judges to determine how much they know about eyewitness testimony on a small test( Wise, Safer, 427-432). However, the survey responds the average judges in the U.S. only 55% correct within 14 questions (Wise, Safer, 431-432). Moreover, most of the judges who were surveyed did not know key facts about eyewitness testimony.
Richard miles was wrongfully convicted of murder and attempted murder in 1995 based on eyewitness testimony, false or misleading forensic evidence and official misconduct. The evidence presented at his trial that is useful for this particular research paper is the eyewitness testimony. Thurman the witness in this case identified Miles as the gunman from a photospread that police had given him. Several other witnesses were shown the same photospread but could not identify Miles. Miles was charged with murder and attempted murder.
60% of participants chose the bystander when that picture was included instead. The participant’s memory of all faces became integrated and so they were unable to tell the bystander from the perpetrator when recalling. Therefore positive identification in eyewitness testimonies could be a case of an incorrect integration of memory and not a fully accurate account of the events that occurred. As the witnesses are unaware of this transference this could lead them to be very confident in their recall and identification of the culprit, when in fact they are wrong. This has major implications in law and to the level of which eyewitness accounts can be
The human memory of complex and highly charged events is invariably incomplete. Police officers cannot be expected to encode and retain every one of the countless details that make up a use-of-force incident” (Simon). This will provide officers help to get the facts needed for the case. Therefore, there will be more hard evidence that can also be used in court. In addition, “Human memory is also susceptible to a
There is a lack of generalizability of many of the studies across all spectrums of children, particularly in regards to socioeconomic backgrounds that also play a factor in developmental delays outside of abuse (Krackow & Lynn, 2003). Child witness research has lacked studies on the strengths and weaknesses of abused children while instead focusing on nonabused children who may create false allegations (Eisen, et al., 1998). While this research may provide insight into how nonabused children may present false memories upon interrogation, it does not further information on how abused children respond under interrogation and how best to assist them in the legal process to protect them. Current research is often conflicting on whether or not abused children are more or less likely to confuse nonabusive events with abusive ones and abused children to have a higher rate of accepting abuse-related suggestions that lead to false memories (Pezdek & Roe, 1994,
No matter the confidence one may feel when recalling an event or piece of information, the accuracy of what is remembered seems to be remarkably unstable. In this Ted Talk, psychological scientist Elizabeth Loftus discusses the tentative nature of memory, and the potential consequences of its failure. She begins by sharing a story of a false rape accusation, in which a man is convicted solely on the inaccurate testimony of the victim. Despite early uncertainty, the victim is later insistent that he is the man responsible. Even after being proven innocent, the damage caused by this false accusation untimely ruined and ended his life.
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.
Eyewitness misidentification is a major problem that has an effect on adequate policing. One major goal and priority of law enforcement is justice. They should focus on prosecuting the correct person because if they are prosecuting the wrong person they are ruining an innocent persons life and justice is not being served. Many problems can arise from misidentification. It often leads to an innocent persons rights being infringed on.
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).
Introduction Context: Senior of Woodlawn High School, Adnan Syed, was convicted and charged with the first-degree murder of his ex-girlfriend Hae Min Lee. Not only is Adnan’s alibi inconclusive, but he also fails to recall any specific details or occurrences of January 13, 1999. His acquaintance, Jay Wilds, has served as the State’s key witness against Adnan. Thesis Statement:
This clearly sows that the memory is an active process and is expected to alter an opinion based on understanding society (Simple Psychology, 2014) . Eyewitness testimony is unethical as the evidence that is supplied can be provided by someone with stress or anxiety issues this can assist by distraught the image of the suspect. Wrongfully sending an innocent individual to prison. Bloods worth’s case displays it is unethical as there was no psychical evidence nor appearance matched that supported Bloodsworth was responsible for the murder and rape of the victim. Three eyewitnesses were able to identify the perpetrator out of the five and this was based from evidence that he was spotted with the young girl hours earlier before the crime was
, (2003) study. Gabbert investigated the effect of post event discussion on the accuracy of eye witness testimony; where participants