I worked as a municipal police officer for many years. I have been to countless scenes and made thousands of arrests over my career. Several of these arrests were crimes that included an eyewitness. Policy dictated the if there was ever a witness to a scene, to require that witness to fill out a voluntary statement form about what they saw. There have been several incidents where I was very grateful that the witnesses had filled out a statement. I remember an attempted burglary scene where witnesses observed the suspect forcing entry into a closed business. When detectives went and followed up with the witness the next day, the witness had already forgotten what clothing the suspect was wearing. This incident made me start wondering about how many cases have been …show more content…
Tests revealed that Bullock was not the source of the semen found on the victim's clothing, and a judge dismissed the charges against him in 1994. [4]
Bullock spent 10 and a half years in prison for a crime he did not commit.[5]
The most important foundation for eyewitness testimony is a person's memory - after all, whatever testimony is being reported is coming from what a person remembers. To evaluate the reliability of memory, it is once again instructive to look to the criminal justice system. Police and prosecutors go to great lengths to keep a person's testimony "pure" by not allowing it to be tainted by outside information or the reports of others.
If prosecutors don't make every effort to retain the integrity of such testimony, it will become an easy target for a clever defense attorney. How can the integrity of memory and testimony be undermined? Very easily, in fact - there is a popular perception of memory being something like a tape-recording of events when the truth is anything but.
As Elizabeth Loftus describes in her book Memory: Surprising New Insights into How We Remember and Why We
There has been considerable interest and study in the accuracy or inaccuracy of the use of eyewitness testimonies in the current criminal justice system. Results collated by several studies add to the bulk of literature suggesting that the current usage of eyewitness testimony by the legal system is far from ideal. Currently, high emphasis is being placed on reviewing and reconsidering eyewitness accounts (Leinfelt, 2004). In particular, recent DNA exoneration cases have shown that mistaken eyewitness identification was one of the largest factors contributing to the sentence of innocent people (Wells & Olson, 2003). For example, 75% of the first 271 cases of DNA exoneration in the US resulted in eyewitness testimony error (Brewer & Wells cited
Research shows that the human mind is not like a tape recorder, we neither record events exactly as we see them, nor recall them like a tape that has been rewound. Instead, witness memory is like any other evidence at a crime scene; it must be preserved carefully, or it can be contaminated. A case I would like to mention is the Calvin Willis Case. One night in 1982, three young girls were sleeping alone in a Shreveport, Louisiana home when a man in cowboy boots came into the house and raped the oldest girl, who was Ten years old. When police started to investigate the rape, the three girls all remembered the attack differently. One police report said the Ten year old victim didn’t see her attacker’s face. Another report which wasn’t introduced at trial said she identified Calvin Willis, who lived in the neighbourhood. The girl’s mother testified at trial that neighbours had mentioned Willis’s name when discussing who might have committed the crime. The victim testified that she was shown photos and told to pick the man without a full beard. She testified that she didn’t pick anyone, police said she picked Willis. Willis was convicted by a jury and sentenced to life in prison. In 2003, DNA testing proved Willis’ innocence and he was released. He had served nearly Twenty Two years in prison for a crime he didn’t
According to “The Science Behind Eyewitness Identification Reform” there are two main variables that affect eyewitness testimonies “Estimator variables: are those that cannot be controlled by the criminal justice system. They include simple factors like the lighting when the crime took place or the distance from which the witness saw the perpetrator, and the degree of stress or trauma a witness experienced while seeing the perpetrator” and “System variables: are those that the criminal justice system can and should control. They include all of the ways that law enforcement agencies retrieve and record witness memory, such as lineups, photo arrays, and other identification procedures”. Eyewitness misidentification has led to 75% of false convictions that were overruled by modern DNA testing according to “The Innocence
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
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
An eyewitness testimony is unreliable because of many different things. Sometimes when witnesses see something they don’t see the whole crime, but only parts which could cause the wrong people to be in trouble. When it’s a serious crime the trial could take years and when asked to stand trial against the perpetrator the witness’s memory could not be fully correct anymore. You could forget important things or get mixed up with things you’ve seen somewhere else, like in a movie. Another reason they are unreliable is Because individuals with certain psychological disorders, like antisocial personality disorder and substance dependence, are at high risk for criminal involvement, they are also at high risk for false identifications by eyewitnesses.
Credability of Eyewitness Testimony Is Eyewitness testimony reliable and accurate? Include case studies to back this up. EWT refers to evidence supplied by people who witness a specific event or crime, relying on their own memory. Statements often include descriptions given in a criminal trial and subsequent identification by individuals who were present at the crime scene. EWT is likely to dependent on reconstructive memory(Bartlett,1932) which describes how memory is more than a passive recall.
The reliability if an eyewitness testimony is questionable. The witness may be so certain that the person that thy are pointing out is one hundred per cent the suspect or they could be so certain when it comes to retelling the incident, although these people are so sure on what it is they are doing, their testimony cannot always accurate. Due to the lack of accuracy with eyewitness
Eyewitness Identification may be more reliable than we believe, if they are handled and assessed correctly. Eyewitness testimonies are often used by law enforcement officers to identify suspects and play a huge role in getting convictions. If witnesses identify the wrong person, an innocent man could be punished for something they had no involvement in. There are many theories to explain why witnesses may identify the wrong person as the perpetrator of a crime. The different ways we retrieve memories affects what we remember. Other theories have to deal with how lineups or photo arrays are displayed to the witness and the effect they have on the result. All of the different theories of how our memories can be influenced, cause people to argue
Quick! Look over there something suspicious is happening! Just a little later, you’re being called into court to testify on the event. But, what can you remember and what is your mind playing tricks? Based on the facts below, one can come to the conclusion that, eyewitnesses should not be allowed to testify in court because witness often can’t correctly remember the event and, there is no way to test the validity of statements. This can throw off the whole trial. One can come to this conclusion because; witnesses can’t remember, there is no way to test validity, the human brain shifts things around, witnesses often put personal input, witnesses statements have a lot of weight, outside influences affect testimonies, and innocent people are often
Eyewitness identification and testimony play a huge role in the criminal justice system today, but skepticism of eyewitnesses has been growing. Forensic evidence has been used to undermine the reliability of eyewitness testimony, and the leading cause of false convictions in the United States is due to misidentifications by eyewitnesses. The role of eyewitness testimony in producing false confessions and the factors that contribute to the unreliability of these eyewitness testimonies are sending innocent people to prison, and changes are being made in order to reform these faulty identification procedures.
Eyewitness testimony has long been viewed as important evidence in court cases. The general population believes eyewitness identification more than any other evidence, even if the witness account is conflicting with the other evidence presented. Studies show that eyewitness testimony is unreliable, and yet it is still considered the most important form of evidence. People think that if a person says they saw something then it must have happened. Currently there are no universal guidelines on how to obtain and present such evidence. The purpose of this paper is to explain why eyewitness testimony is unreliable, and discuss the proposed guidelines on how law enforcement agencies should gather identifications, as well how
Eyewitness misidentification can pose a serious threat in forensic evidence. Eye witness testimony can easily be tampered with due to words or phrases used. Bias is a major issue in identification especially if the police officer uses suggestive tones to portray whom they believe is the suspect. Some witnesses will change their opinion when they hear new information of the suspect. A study has shown that words can play a major impact in the witness' mind and cause them to recall false information. False information can also stem from human memory, age, distance, and how long it took before a witness could recall the information. It has been shown that due to the confidence that a witness may have, it could impact the court systems' reliability on the witness; however, there are several solutions that can be done to prevent misidentification in the court of law. Some examples that can be done are blind administration, lineup composition, instructions, confidence statements, and
Elizabeth Loftus explains how eyewitnesses are not always reliable because the human mind can distort memories and make you think you remember one thing when that never happened at all. To start, sometimes these eyewitnesses are right and can really help a case, but when they are not that’s where the issue is especially when they’re dealing with a death sentence case. Stated by Loftus “One factor that can affect a trial is a testimony from an actual witness” what I believe is being said here is though eyewitnesses are not always reliable they can a big role in a trial. The main point that Loftus argues is “are we aware of our minds distortions” and the answer is no most of the time, our mind alters our memories through mind distortion making it difficult to rely on an eyewitness. One way to solve this issue would to have a psychologist or a “expert testimony” speak to the jury on how our memories can become distorted. Dr. Loftus’ arguments have proven that eyewitness testimonies are not always reliable but there are ways around the issues that we have with
Furthermore, eyewitness testimony is an important area of research in cognitive psychology and human memory. Juries tend to pay close attention to eyewitness testimony and generally find it a reliable source of information (Simply Psychology, 2009). However, research into this area has found that eyewitness testimony can be affected by many psychological factors like emotional retelling, emotional content and self-relevancy, and sleep quality, which in fact can cause error within the testimony. According to the American Psychological Association, one in three eyewitnesses make erroneous identification. Accordingly, information that’s retaliated post the event, supplied by the police, prosecutors, media, other eyewitnesses, family, and friends can alter not only an eyewitness’s memory of the crime but also the eyewitness’s memory of