Eyewitness testimony is the account of the witness of a certain event or incident. Throughout, the witness is enforced to provide their experience to the court in order to take legal action towards the incident. It is considered a very useful tool in courts. Yet, such a way to find out the truth is unreliable as many witnesses fail to contribute in a positive way to grant courts accurate data of the incident. This essay will be discussing the factors that influence eyewitness testimony including age, weapon focus, stress, or the leading questions asked in court.
“When a witness perceives a complex event, a number of factors, such as the exposure time, or the salience of the event, or the witness’s prior expectations, will affect the accuracy of what is perceived and stored in memory” (Loftus, 1996). To Begin with, Loftus has explained how the duration between when the witness has to talk to the officials and the event can be such a crucial period. Humans usually forget rapidly after an event and time will make one forget more gradually. Moreover, one’s memory isn’t functioned in a way in which a video of events will stay in mind. A proof was made through Loftus’ experiment in 1975 where he showed the witnesses a film of a multiple-car accident then added in the questionnaire having a stop sign where they all agreed that there was one. Yet, statistics have shown that not mentioning the object would cause only 35% to claim there was one considering the accident lasted 4
There are many different factors that play a part in the increased chance of a witness correctly identifying a suspect. Such factors should be brought to the attention of the jury and the judge to help in properly assessing whether a witness is correctly identifying a suspect. A study by Magnussen, Melinder, Stridbeck, & Raja (2010) found that of the three different types of people: judge, jury, and general public, that for the most part all where fairly ill-informed on the reliability of eyewitness testimony with judges having the most. Judges only had about an 8% difference in knowledge when compared to jurors. With this information it is very clear that education on the reliability of eyewitness testimony needs to become more of a general knowledge information for the everyone, especially people who are involved in upholding the law. Another factor to look into when evaluating the accuracy eyewitness testimony is the role that memory plays. Memory is divided into three processes: perceiving, remembering, and recalling information (Simmonsen, 2013). There is plenty of room in all three of those stages to forget or falsely remember something. Some factors that play a part when a person perceives an event is the amount of time they are exposed to the event and the suspect. A study conducted by Horry, Halford, Brewer, Milne, & Bull. (2014) found that witnesses were increasingly more likely to correctly identify a suspect if they had been exposed to the suspect for sixty
Throughout history, there have been many misjudgments, mistakes, and wrongful accusations toward people from various different factors. A great deal of controversy has been directed towards the criminal justice system in which scientists pose questions on whether or not the procedures are valid. It is imperative to understand how the brain malfunctions regarding to memory reconstruction, encoding failures, and other environmental factors that negatively impact the justice system. One of the procedures called lineups or photo arrays are used in order to have eyewitnesses identify a subject guilty of a crime. In the lineups, subjects are lined up while the accuser has to choose an individual that they believe committed the crime. Using the same idea with the photo arrays, the victim will choose from a set of pictures of subjects (Weir, 2016). Many scientists question the validity of eyewitnesses because of all these factors that impact memories. This has lead to a substantial amount of wrongfully convicted individuals by the eyewitness which is a huge issue in the system (Weir, 2016). It is crucial to be knowledgeable of the factors that can impede memory. The person that actually committed the crime should be held responsible for their actions, not only for justice, but for the safety of others as well.
The impact of eyewitness testimony upon the members of a jury has been the subject of various research projects and has guided the policies formed by the federal government regarding its competent use in criminal matters (Wells, Malpass, Lindsay, Fisher, Turtle, & Fulero, 2000). Therefore, eyewitness studies are important to understand how
Although eyewitness testimony can be significant when displaying it to a judge or a jury, years of supportive social science research has sustained that eyewitness identification is often unreliable. As the Innocence Project website illustrates, studies show that the human mind is nowhere near like a ‘tape recorder’ and we as humans do not record events exactly as we see them. Instead, witness recollection is just like any other evidence at a crime scene and must be preserved carefully and sensibly retrieved or it can be considered as contaminated.
However, factors such as interactions with other witnesses and the influence of media outlets cannot be accounted for. In addition, the small sample size of 13 participants means the results are not as reliable and cannot be generalised to the population at large. One possible factor which may influence the results is that witnesses were within close proximity to the events which transpired which can influence memory as well as not being applicable to many crimes whereby the witnesses only see part of the crime or a shadow of the perpetrator. An alternative explanation would be that flashbulb memory was at work here.
As technology becomes more readily available within the criminal justice fields, we are finding more options and ways to collect evidence. With these new techniques proving old truths wrong time and time again, it is hard to believe the more old-school ways of prosecuting and judging criminals and their crimes. Since biblical times, eyewitness testimonies have been a key provider of evidence in trials, but will more technically advanced ways of collecting hard evidence begin to overtake its place? Should eyewitness testimonies be used in trial in the first place? In order to truly evaluate this question, it is important to look at the statistics surrounding the negative impacts of possibly false eyewitness testimonies and understand which situations
“Violence, stress, and the presence of a weapon at the time of a crime all may have detrimental effects on the ability of a witness to make an accurate identification” (Vallas, 2011). Stress distorts an eyewitness’s observations, and while it is understandable to focus on the weapon when faced with a situation in which the eyewitness is in danger, the focus on the weapon is not as important as the description of the perpetrator. Since it is not within the power of researchers studying the effects of violence and stress on witnesses to replicate the exact stress and violence of an actual crime, it has been difficult to determine the actual effect that these two factors have on witnesses (Vallas, 2011). However, many experiments conclude that an increase in the level of violence used in the crime results in a decrease in both the accuracy of the identification as well as the witness’s recall abilities (Vallas, 2011). Weapon focus is described as
This paper examines how complex automobile accident and our perception, recollection and verbalization may not be identical of the original event and interfere with the reconstruction of one’s memory which raises question about the integrity of accounts by eyewitness in a courtroom. The paper layouts two experiments with one hundred graduate students answering twenty-two questions and giving a brief description of a film that depicted a multiple automobile accident.
Eyewitness memory is not reliable because the memory of the witness may change throughout the case. The witness may
Unfortunately, the mistaken eyewitness identification is responsible for 52% of entire wrongful convictions in criminal justice system (Wells &Seelau, 1995, pg. 765). To help my audience better understand the
Eyewitness testimony is generally seen as reliable, but as of lately research has found psychological factors that affect one’s testimony. They are anxiety/stress, reconstructive memory, and leading questions. A study was conducted on the impact of anxiety and life stress upon eyewitness testimony; subjects completed self-reports, an eyewitness task, and a self-preoccupation scale to determine the relationship. Results showed that anxiety and preoccupation limits the eyewitness’s ability to perform; a highly anxious individual may miss important cues that are task-relevant (Seigel & Loftus 1978). Other cognitive processes like perception, imagination, and semantic memory influence reconstructive memory the act of remembering. Bartlett’s theory of reconstructive memory is understood that an eyewitness testimony is influenced by what is learned or cultural norms. We store information in a way that makes the most sense to us, organizing information into schemas, mental units of knowledge that correspond to people, objects, or situations that are close to us (Wagoner 2013). When in a police interrogation, leading questions can provide misinformation that causes the witness to question everything they saw and whether or not they are saying the right thing. A study was conducted on a number of subjects that saw a complex and fast moving event. They immediately after were asked questions that suggested information that was necessarily correct due to the wording of the question (Loftus
The lawyer would use their specific tactics of negotiation and sometimes fear to get into the mind of the eyewitness, therefore causing the eyewitness to experience errors in their memory while on the stand during a heavy trial. Moveover, the significant errors that can occur during these important moments that the eyewitness tries to recall the memories of their horrific and/or pleasant memories can be either forgotten or interpreted in an entirely different way or tone. Therefore giving the lawyer an opportunity to attack with questions of curiosity and the need for justice. The problem with eyewitnesses in court can be sometimes the person is not being fully trustworthy and honest, while being questioned on the stand, and their memory can
Research studies in relation to eyewitness testimony have been going on for hundreds of years. A study done in 1999 by Marcus D. Durham and Francis C. Dane at Mercer University, looked at ways to assess prospective jurors’ knowledge of the factors that may influence eyewitness behavior. Those factors include topics such as race, memory processes, age, and stress. In addition, the researchers “compared students’
A victim who police have taken hekto police station gives testimony. She looks at a man in a police lineup and says, "That's the person which saw in my car." During the trial, the woman gives her testimony in front of the jury, and the jury makes a decision. Soon, the man goes to jail. However, it is possible the woman whose her testimony was used is wrong. Researchers that now claim that the eyewitness stories what courts often rely on are not always reliable. which Psychologists have conducted experiments who revealed some surprising results. They played a crime scene video for participants and then asked the participants to remember details. Results showed that participants often described events, which they knew nothing about and had not
This lecture is about criminal trials and the memory of the eye witness in the court. Researchers have found that, memory of the eye witness may change, when they are subjected with new items at the time of trials. So, they have suggested that eye witness should not be taken as major evidence in the