Evaluate the extent to which a cognitive process is reliable (22 marks) A specific process of which we must doubt the reliability of is the role of memory in eyewitness testimony. Eyewitness testimony is used as vital evidence in the legal system in order to convict criminals, however, it does rely on the reliability of memory, which has been a highly contested topic. Previously, eyewitness testimony has been a highly reliable source in the conviction process. It was trusted by courts of law and law enforcement, however, various research studies have now created reasonable doubt behind the reliability of these testimonies due to the fact that it is now evident that memory can be distorted and reconstructed, an active process in which information …show more content…
Her possibly most infamous study was her Lost in the Mall study where she attempted to implant a false memory in a young child. Loftus told participants 4 stories, including a false one of the child being lost in a mall at a young age for an extended period of time, of their own childhood that supposedly were all from members of the family. One of the 4 stories was false and the participant was asked to identify the false memory. 25% of participants remembered no such event happened. Many other participants were able to provide evidence for the false events. It was concluded that if false memories can be laid down this way, witnesses who are allowed the chance to talk to each other after an event might alter the recall of other witnesses. Again indicating that eyewitness testimony is not …show more content…
These results indicate that memory is not reliable but like all research studies, there are some limitations that need to be considered. There are several strengths of her studies, which have made an important contribution to our understanding of the unreliability of eyewitness testimony. Her studies are laboratory experiments, which means there was a high level of control so the results are reliable and the experiment can also be replicated easily and accurately. She has created evidence that the memory of events can be modified which has highly important implications in terms of the methods used by law enforcement and courts of law to question witnesses. There are, however, as with any study, limitations. Her studies lack ecological validity; they were done in a laboratory so they cannot be generalized to the general population. There would also be a response bias present: participants could have given answers that they though the experimenter wanted to hear. Her study has been criticized for not entirely representing the reality of a situation that an eyewitness would experience. The experiments would not have been as stressful as an eyewitness would experience in real life and the pressure to ensure the accuracy of their statement would have been far lesser therefore the experiment lacks validity. Both studies are also unethical due to the fact that they caused
Given these findings, it suggests that if an unfamiliar story can be re-told with significant changes by all those who participated in the study, a statement given by an eyewitness is subject to the same results (Leinfelt, 2004). Having considered Bartlett’s research in 1932, it is also reasonable to consider the criticism of Gauld and Stephenson (1967), as they discovered if the participants were told of the importance of accurate recall, the number of errors made in the re-telling was notably reduced. Arguably, real life cases and laboratory findings have shown that although eyewitnesses understand the importance of accuracy, recall is not without error (Tversky & Tuchin, 1989).
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
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
Factors such as misinformation and eyewitness talk can easily affect the memory of eyewitnesses and therefore affect their testimony_. Evidence which is usually provided during eyewitness memory reports helps to determine the guilt or innocence of a perpetrator in a criminal proceeding_. With the help of many basic psychological and neuroscience studies, it has been indicated that because memory is a reconstructive process it is likely to be influenced and vulnerable to change and misinformation_. Due to memory being vulnerable, any minor memory misrepresentation can have severe consequences when used in the courtroom_. Memory errors when regarding the identification of a perpetrator of a specific crime has been focused on during research
There are many factors to consider when psychologists and scientists are trying to figure out reliability of eyewitness testimony. The ability to recall or
The “Eyewitness Testimony” by Elizabeth F. Loftus is a seminal article that tests the reliability of an eyewitness’s memory in a legal context. Loftus explores how different factors such as suggestion, misinformation, and memory distortion can affect the accuracy of an eyewitness’s testimony in court. By doing this test, you will see how accurate the statements are and how often they might lead to wrongful convictions. This article starts by bringing attention to the crucial role that eyewitness testimony plays in the criminal justice system. Juries often put a great amount of faith in eyewitnesses’ testimonies, believing that their statements are one of the most reliable sources of evidence in a trial.
This is because research has proven that memory is malleable. The impression that memory is always accurate and is resistant to bias is an “unfortunate misunderstanding of memory” (Lacy and Stark 2) which results in steep consequences in court. Fallibilities in eyewitness testimonies, caused by memory distortions, allow for many wrongful convictions of the criminal and therefore ruin innocent people’s lives while allowing the real felon to roam
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.
The concepts that are covered in the experiment: “Testing the Accuracy of Eyewitness Testimony” are how the memory part of your brain works. Also, the colors that help memorization is also included in this experiment.Another thing that is covered in this experiment is whether or not someone is able to regurgitate information back after 20 minutes. Another thing that is covered in this experiment is the types of memory disorders. Tips on how to keep a healthy memory are also included. Also, the steps to creating a new piece of memory is also covered in this experiment. Another thing that is included in the experiment is the timeline as to how we know memory today got there.
For centuries, even before the rise of modern law and judicial practices, eyewitness testimony has been a crucial part in reaching verdicts in court. The opinions and observations of bystanders or active participants in a crime scene are often considered to be very valuable in determining the guilt or innocence of accused individuals. However, there has been a large amount of scrutiny in the law world concerning both misappropriated and untrue testimonies administered in courts of law. Although the testimony of individuals can simply be misinterpreted or forgotten due to a variety of reasons, eyewitnesses also provide information that can purposefully incriminate or exonerate a defendant. Ultimately, despite its benefit in putting deserving persons behind bars, the use of eyewitness testimony can absolutely be a dangerous monster for the innocently accused in different scenarios.
The article, When I Witnesses Talk, covers the issue of eyewitness testimonies and their reliability with memory conformity. Often when two people experience the same event they both have very different recollections of the occurrence. One event within the journal article incorporates the murder of Jill Dando, within this investigation there was a lineup where 16 witnesses were asked to identify the suspect, where only 1 of the 16 witnesses recognized him. The police conducted a second lineup where for example one witness stated that they were 95% sure that the suspect that they identified was at the scene of the crime, yet in the original lineup that person was unable to identify anyone from the lineup. One key piece of information was discovered,
Eyewitness evidence has always been considering critical information when it comes to court trials and convictions. But how reliable are eyewitnesses? Scientific research has shown that eyewitness’s memories are often not accurate or reliable. Human memory is very malleable and is easily changed by suggestion. Relying on eyewitness evidence instead of scientific data often leads to wrongful convictions. Scientific evidence is much more reliable, and should be more important in court cases than eyewitness evidence.
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.
Eyewitness testimonies are based on a person’s ability to recall what took place accurately. Memory research has proven that a person’s memory is not a recording but it is reconstructive. Loftus and Palmer’s study set out to prove that the memory could be reconstructed through the use of language.
“Wrongfully convicted at age 25, Calvin Johnson received a life sentence for the rape of a Georgia woman after four different women identified him. Exonerated in 1999, he walked out of prison a 41-year old man. The true rapist has never been found, (The Justice Project).” Eyewitness testimony is highly relied on by judges, but it can not always be trusted. Approximately 48% of wrong convictions are because of mistaken identity by eyewitnesses (The Psychology of Eyewitness Testimony). After we discovered this information, we became curious as to whether in a testimony, the eyewitness’ memory is more reliable after a short period of time or after a longer period of time? According to previous experiments, eyewitness testimony is unreliable. Likely, we want to know if a testimony that is given two to three hours after a crime has taken place is more reliable than a testimony given after a longer period of time.