Wk 5 - Research Paper Eyewitness Identification & Testimony NOTES

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Write a research paper on Eyewitnesses Identification and Testimony: Develop a well-reasoned discussion of the issues associated with Eyewitnesses Identification and Testimony Include topics and suggestions or recommendations for appropriate interventions, policy changes, etc., as well as biblical support for your suggestions and recommendations. Include an introduction that describes the paper's purpose, the context of the discussion, and the central issues; address the central issues and use headings to delineate your points. The paper needs to include the integration of sources to support points and demonstrate thinking through the complexities of the issues in discussing the central issues and recommendations. The final paper should have a substantive conclusion that summarizes the key points. Title: Eyewitnesses Identification and Testimony: Unraveling Complexities and Crafting Informed Interventions Introduction: Eyewitness identification and testimony constitute critical elements in criminal investigations and legal proceedings, shaping the outcomes of trials and the dispensation of justice. This research paper aims to delve into the multifaceted issues associated with eyewitness identification, offering a comprehensive discussion and proposing interventions informed by empirical evidence and biblical principles. By exploring the complexities surrounding eyewitness testimony, this paper seeks to contribute to enhancing investigative practices and legal processes. Central Issues: 1. Memory Accuracy and Reconstruction: Eyewitness memory is susceptible to various factors compromising accuracy, including stress, suggestion, and post-event information. This section will address the challenges of memory reconstruction, emphasizing the need for law enforcement training on unbiased interviewing techniques to mitigate memory distortion.

2. Lineup Procedures and Bias : The lineup identification process is prone to inherent biases that can lead to misidentifications. Discussing the shortcomings of traditional lineup procedures, this section will propose reforms such as double-blind administration and sequential rather than simultaneous lineups to minimize suggestive influences. 3. Expert Testimony and Judicial Understanding : Courts often grapple with interpreting eyewitness testimony, and experts play a crucial role in elucidating its limitations. This section will underscore the necessity of expert testimony on eyewitness reliability, fostering a better understanding among judges, attorneys, and jurors. Eyewitness Identification History Eyewitness identification, an age-old practice rooted in human society's need to address crime, has evolved significantly over the centuries. In 1883, French criminologist Alphonse Bertillon introduced the Bertillon system, relying on anthropometric measurements to identify criminal suspects. This system involved capturing various body measurements using specialized instruments and creating a comprehensive profile stored on cards. The method, effective for its time, persisted until the late nineteenth century when more reliable techniques, such as fingerprint analysis, emerged. The progression in identification methods showcases the continuous efforts to enhance eyewitness identification within law enforcement agencies. The significance of eyewitness identification lies at the intersection of human memory and cognitive psychology. Memory, the repository of recollections, plays a crucial role when physical evidence is lacking. Understanding the encoding, storage, and retrieval processes within memory is vital for assessing the efficacy of identification procedures. Unfortunately, memory is susceptible to errors at each stage, contributing to the challenges associated with eyewitness testimony. Research indicates that around 71% of convictions based on eyewitness testimony have been overturned due to DNA testing, highlighting the potential fallibility of human memory in legal proceedings. An illustrative case is that of Jennifer Thompson, a North Carolina college student whose inaccurate eyewitness identification led to the wrongful conviction of an innocent man. Despite the victim's earnest attempt to provide a detailed description and identification of the suspect, subsequent DNA analysis revealed the error, emphasizing the need for accuracy in eyewitness testimony to ensure justice. Thus, the evolution of eyewitness identification methods reflects an ongoing quest for precision in the criminal justice system.

Eyewitness Testimony and Competency Eyewitness testimony is one of the oldest forms of evidence in legal proceedings, rivaled only by confessions. Its impact on jury decisions, determining the fate of individuals between convictions and acquittals, is profound (Costanzo & Krauss, 2018). The late nineteenth century witnessed a significant shift in the study of eyewitness testimony and its competency, primarily driven by the advent of DNA testing. This technological advancement led to the exoneration of over 100 individuals, with more than 75% of these cases involving mistaken eyewitness identifications (Wells & Olson, 2003). Despite the perceived reliability of eyewitness testimony by juries, psychological factors introduce complexities that challenge its accuracy. Factors such as anxiety, stress, reconstructive memory, weapon focus, and leading questions can all impact the competence of eyewitnesses during trial proceedings (McLeod, 2018). Notably, stress and anxiety can enhance memory recall, particularly under heightened arousal conditions like those induced by weapon focus (Costanzo & Krauss, 2018). The weapon focus effect, a well-established phenomenon, underscores the difficulty in recognizing assailants when attention is fixated on the weapon. Additionally, the interplay between reconstructive memory and leading questions highlights the potential for the distortion of recollections. Evaluating the accuracy of eyewitness identification is thus crucial in assessing the reliability of testimony. Furthermore, assessing witness competency involves considering factors like age and recall. A study by Bruer and Pozzulo (2014) explored how jurors perceived the credibility of child versus adult eyewitnesses. The research indicated that mock jurors attributed more integrity and reliability to adult eyewitnesses, emphasizing the need for nuanced considerations in evaluating witness competency. While research in this domain has delved into child eyewitnesses, there is a notable gap regarding individuals aged 60 and older, suggesting a potential avenue for future exploration. Ultimately, beyond the psychological intricacies, it is imperative for an eyewitness to comprehend the distinction between truth and falsehood, with the ability to articulate this understanding if necessary. Advantages and Disadvantages The imperative role of eyewitness testimony in criminal trials stems from its ability to serve as a crucial factor in determining the guilt or innocence of a defendant, particularly in the absence of concrete evidence. Research reveals that jurors heavily rely on eyewitness accounts, presenting a dichotomy of advantages and disadvantages within the trial process. On the other hand, eyewitness testimony is pivotal in investigations, offering a real-life perspective on events and providing jurors with a systematic description of the crime sequence (Regoli, 2015). This personal connection enhances the credibility of the testimony, influencing jury decisions and potentially leading to the defendant's conviction if the witness is perceived as reliable and confident (Regoli, 2015).

Despite these advantages, there are inherent drawbacks to relying on eyewitness testimony, introducing unreliability into the legal process. Factors such as the conditions of the crime scene, misrepresentation, and memory contamination can compromise the accuracy of eyewitness accounts (Regoli, 2015). The potential for inaccuracies is further underscored by the limitations of human memory, which can be distorted, especially under stressful conditions. This distortion poses a significant challenge during trials, as witnesses may unknowingly present a personalized and potentially incomplete version of events (Costanzo & Krauss, 2018). The case of Ronald Cotton and Jennifer Thompson serves as a poignant example, highlighting the fallibility of eyewitness testimony and the need to address credibility issues. Ms. Thompson's initial uncertainty and subsequent confidence in her identification underscore the challenges in ensuring witness reliability during legal proceedings, prompting a crucial question regarding enhancing witness credibility in the pursuit of justice. Recommendations and Interventions: 1. Training Programs for Law Enforcement: Implementing comprehensive training programs for law enforcement personnel will enhance their awareness of the factors influencing eyewitness identification. Drawing on empirical research, this recommendation emphasizes ongoing education to keep officers abreast of evolving best practices. 2. Policy Changes in Lineup Procedures : Advocating for policy changes in lineup procedures, the paper proposes adopting double-blind administration and sequential lineups as standard practices. This recommendation aligns with empirical evidence highlighting the effectiveness of these interventions in reducing misidentifications. 3. Integration of Expert Testimony: Courts should actively encourage the inclusion of expert testimony on eyewitness reliability to guide judicial decision-making. This recommendation aims to bridge the gap between scientific knowledge and legal proceedings, fostering a more nuanced understanding of the limitations inherent in eyewitness testimony. Additionally, witnesses to crimes cannot always remember the most critical details of what they saw due

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