Midterm Paper: The Effects of Eyewitness Testimony in the US Criminal Justice System On December 14th, 1982, Marvin Anderson was sentenced to 210 years in prison for crimes that he did not commit [1]. He was charged with rape, forcible sodomy, abduction, and robbery; these convictions were largely due to the eyewitness testimony made against him at trial [2]. During the investigation, a collection of photos was presented to the victim, where Anderson’s photo was the only one in color. Then, in a line up 30 minutes later, Anderson was the only one brought in whose image was shown to the witness in the original array. Unfortunately, the witness then identified Anderson as the perpetrator, which acted as very convincing evidence in the …show more content…
Despite knowing the unreliability of eyewitness testimonies, investigators still narrow in on suspects identified by these witnesses. To explain the effects of eyewitness testimony one can examine a few conditional probabilities:
Prob(Police investigate all leads/Eyewitness testimony) < Prob(Police investigate all leads/No eyewitness testimony)
Prob(Correct person convicted/Police investigate all leads) > Prob(Correct person convicted/Police do not investigate all leads)
Thus depending on specific numerical probabilities, it follows that:
Prob(Correct person convicted/Eyewitness testimony) < Prob(Correct person convicted/No eyewitness testimony)
Of course, eyewitness testimonies are not always unreliable and often can be crucial in correctly identifying the perpetrator of the crime, thus these premises and conclusion are not to be taken at face value, but as a way to conceptualize bad bias from eyewitness testimony. Mistaken eyewitness testimony causes a large amount of bad bias by shifting focus onto one specific defendant. With all the focus on one defendant, many cognitive biases come into play, such as confirmation bias and belief perseverance. If a witness passionately claims that someone committed the crime, investigators are likely to mold evidence to fit the case against that defendant, instead of identifying an alternative suspect who
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.
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
Eyewitness testimony is a hot button issue in not only the criminal justice field but also the psychology field as well. It continues to be argued that this type of “evidence” is far too unreliable for the court room and can ultimately end up punishing the wrong person for a crime they did not commit. The influence of an eyewitness testimony cannot be denied as research has showed that, “adding a single prosecution eyewitness to a murder trial summary increased the percentage of mock jurors’ guilty verdicts from 18 to 72” (Leippe, Manion, & Romanczyk, p. 182, 1992). In the article discussed here, researchers will look into various age groups to see if age has an effect on the credibility of eyewitness testimonies while attempting to discern what certain cues build upon such credibility.
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
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.
In the past decade, eyewitness testimonies have cast a shadow on what is wrong with the justice system in today’s society. Before we had the advanced technology, we have today, eyewitness testimonies were solid cold-hard facts when it came to proving the defendant was guilty. However, time has changed and eyewitness testimonies have proven to be the leading causes of wrongful convictions due to misidentification. The Thompson and Cotton case is a perfect example of how eyewitness testimonies can put an innocent man behind bars.
The human mind is not like a tape recorder obviously, it does not record events exactly as seen in the moment of a crime, and neither can the events be recalled precisely like a tape that can rewind back in time. Therefore, making eyewitness identification inaccurate. For example, in the case of a
In Canada, the leading cause of wrongful conviction is due to the factor of eyewitness account. It has been proven that individual’s minds are not like tape recorders because everyone cannot precisely and accurately remember the description of what another person or object looks like. The courts looks at eyewitness accounts as a great factor to nab perpetrators because they believe that the witness should know what they are taking about and seen what occurred on the crime scene. On the other hand, eyewitness accounts lead to a 70 percent chance of wrongful conviction, where witnesses would substantially change their description of a perpetrator.
It has been shown that eyewitness misidentification is one of the biggest factors in wrongful convictions, which has been overturned due to DNA (Innocence). Forensic evidence is one of the factors used to determine ones’ guilt or innocence in the court of law; however, some of the evidence used can pose a problem in court. Eye witness testimony has caused a lot of faults in court cases because it is portrayed as a strong factor of evidence. Eye witness testimony should not be used as primary evidence because of how unreliable, misidentified, and the impact it can have in the court of law. Eyewitness identification should have different alternatives in how it should be presented to the witness so that bias is not present.
According to the Innocence Project, the misidentification of eyewitness is the most common causes of wrongful conviction in which approximately 75% of the cases has been overturned because of this case. There are several causes of eyewitness misidentification, which includes the types of lineup, post-identification feedback effect, and does the instructions given. The lineup is a process which the suspect is identified by the witness as the perpetrator. The main reason that the
As time goes on, eyewitness testimony has become more and more of a disputed topic due to many different factors. The first study I was exposed to was in an introductory psychology class which sparked my interest into the topic. For this reason, I chose to look at different demographics such as, gender and major, and see if those factors had any impact on the perception of eyewitness testimony. My main issues remained the same throughout this research project.
Eyewitnesses are critical to the criminal justice system, but there have been issues involving eyewitness testimonies, which occasionally cause them to be seen as unreliable. According to innocenceproject.org, 72% of DNA exoneration cases in the United States have resulted from eyewitness misidentification. This is concerning because in a study by Benton, Ross, Bradshaw, Thomas, and Bradshaw (2005), they examined jurors, judges and law enforcement’s knowledge about eyewitness issues. They found that those involved in the legal system are still very unaware of eyewitness memory research, and the reasons behind why eyewitnesses may or may not be considered reliable. There needs to be a way to increase reliability so that eyewitnesses are able to accurately recognize perpetrators and other important information to put the guilty people away, and to keep the innocent people free.
An eye witness is a person who has personally seen something happen and so can give a first hand description of it. Every year, more than 75,000 eyewitnesses recognize criminal suspects in the U.S., and studies propose that as many as a third of them are wrong. Mistaken eyewitnesses helped convict three quarters of the people who have been freed from U.S. prisons base on DNA evidence presented by the Innocence Project. The Innocence Project is a nonprofit legal organization that challenges uncertain prosecutions. The California Innocence Project says that they are numerous reasons why eyewitness are mostly wrong. They are High Stress Environment and Trauma, Human Memory, and Suggestive Identification and etc. There are all these reasons that eyewitnesses have a high rate of error but, are still considered some of the most powerful evidence against a suspect. After a comprehensive two-year study of eyewitness testimonies, the New Jersey Supreme Court concluded that they often leads to fictional or false identifications. Thus, recently ordered that new rules on how such testimonies are treated in the courtroom. This is
First, the human memory does not record all information like a video recorder. Mistaken eyewitness testimony is one of the major causes of wrong conviction. Events of crimes, will have so much stress or focus on a weapon, than the face of criminal (Wrongful Convictions , n.d.). The victim’s or eyewitness’s memory can be changed with an easy simple suggestion. Police procedure dealing with key witnesses by a “show up”. This is showing the suspect in a physical or a picture line up. The confidence of accuracy of identification and exhibited by the witness is a “crucial determinant of believability” by jurors (Furman, 2003). The best result of eyewitness testimony is taken identification immediately. The
Eyewitness testimony plays a crucial role in criminal investigations. Thus, it is important to know how to eliminate factors that can negatively impact eyewitnesses’ recall ability. The result of eyewitness misidentification can lead to numerous inaccurate and wrongful convictions. One study suggests that more than 75,000 people a year become criminal defendants on the basis of eyewitness identifications (Schechel, O'Toole, Easterly, & Loftus, 2006, p.178). Another study has shown that approximately 100 people who were convicted have been exonerated by forensic evidence. Moreover, 75% of these people were known to be victims of mistaken identification. The known DNA exoneration cases are just a fragment of the innocent people who have been