Eyewitness

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.

Memory is the process of encoding, storing and retrieving information in the brain. It plays an import role in our daily life. Without memory, we cannot reserve past experience, learn new things and plan for the future. Human memory is usually analogous to computer memory. While unlike computer memory, human memory is a cognitive system. It does not encode and store everything correctly as we want. As suggested by Zimbardo, Johnson and Weber (2006), human memory takes information and selectively converts it into meaningful patterns. When remembering, we reconstruct the incident as we think it was (p. 263). Sometimes our memory performance is incredibly accurate and reliable. But errors and mistakes are more commonly happen, because we do

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.

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 substantiated the warnings of eyewitness identification researchers by showing that mistaken eyewitness identification was the largest single factor contributing to the conviction of innocent people (Wells & Olson, 2003). In this essay, the use of eyewitness testimony in the criminal justice system will be explored, with a particular focus on the impreciseness of this practice.

Memory is a set of cognitive processes that allow us to remember past information (retrospective memory) and future obligations (prospective memory) so we can navigate our lives. The strength of our memory can be influenced by the connections we make through different cognitive faculties as well as by the amount of time we spend devoting to learning specific material across different points in time. New memories are created every time we remember specific event, which results in retrospective memories changing over time. Memory recall can be affected retrospectively such as seeing increased recall in the presence of contextual cues or false recall of information following leading questions. Memory also includes the process

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.

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

Emotion can also affect the accuracy of memory. It can enhance recall or suppress it. Loftus (1979) was called as an expert witness on the psychology of memory initial of a shop assistant, Melville, had identified a robber Jose Garcia. One of the points she made into memory was research, was about the effects of emotion. Melville was in a state of extreme distress after seeing a colleague was shot, and psychologists have found that arousal of stress have a negative on memory recall- especially the STM.

In the excerpt, Loftus describes experiments are focused on “lists of words or sentences” but do not encompass everyday memories. Unlike the information asked to recall in the current experiments of Loftus’s time, everyday memories are much more complex because of the speed at which they happen and their large visual content. And though rarely sought out, those memories are needed in certain serious situations, such as in court. According to Loftus, this is why the study of eyewitness is so important. The accounts will determine the fate of the accused and other parties. So then, due to its serious nature, eyewitness memory is a, “concern to the law,” when concerning its, “completeness, accuracy, and malleability.” In other words, the more

Court standards, rules, and regulations should be the same across the United States. This is a question that can easily be answered, or at least it should be easy to answer. In order to find what the basis and function of an expert witness are, it is imperative to check the standards of each state. The legal system has created the expert witness role. However, the “Rules of Evidence” which consist of consulting and testimonial evidence would not exist without the restatement of Federal Rules 701 through 706. This federal rule states that a qualified expert witness may give his/her expert opinion to help the courts understand some of the evidence, or to recognized a fact in issue.

Memory does not work like a video camera, smoothly recording every detail. Instead, memory is more of a constructive process. We remember the details that we find most important and relevant. Due to the reconstructive nature of memory, the assimilation of old and new information has the ability to cause vulnerable memories to become distorted. This is also known as the misinformation effect (Loftus, 1997). It is not uncommon for individuals to fill in memory gaps with what they assume they must have experienced. We not only distort memories for events that we have observed, but, we may also have false memories for events that never occurred at all. False memories are “often created by combing actual memories with suggestions received from

Memory makes us. It is, to an extent, a collection of unique and personal experiences that we, as individuals, have amassed over our lifetime. It is what connects us to our past and what shapes our present and the future. If we are unable remember the what, when, where, and who of our everyday lives, our level of functioning would be greatly impacted. Memory is defined as or recognized as the “sum or total of what we remember.” Memory provides us the ability to learn and adjust to or from prior experiences. In addition, memory or our ability to remember plays an integral role in the building and sustaining of relationships. Additionally, memory is also a process; it is how we internalize and store our external environment and experiences. It entails the capacity to remember past experiences, and the process of recalling previous experiences, information, impressions, habits and skills to awareness. It is the storage of materials learned and/or retained from our experiences. This fact is demonstrated by the modification, adjustment and/or adaptation of structure or behavior. Furthermore, we as individuals, envision thoughts and ideas of the present through short-term memory, or in our working memory, we warehouse past experiences and learned values in long-term memory, also referred to as episodic or semantic memory. Most importantly, memory is malleable and it is intimately linked to our sense of identity and where we believe we belong in the world.

Memory facilitates necessary functions in daily life activities, but it is not a perfect mechanism in operation. Goldstein (2011) states that memory is, “…the process involved in retaining, retrieving, and using information about stimuli, images, events, ideas, and skills after the original information is no longer present” (p.116). There are many adaptive functions within the complexities of the human memory system and the interlinked constructs between each function leave room for doubt in the accuracy of recollection. Study of the human mind has opened avenues of discovery on the inner workings of our brains and the resulting knowledge suggests that humans are prone to creating false memories and even remembering things that never actually happened. A great deal of information has been written explaining the nature of memory errors and within the following pages a real-life case offers a glimpse into how recall distortions and memory errors can wield unpleasant consequences. Memory errors can be avoided with a significant effort, but the truth remains that no one is perfect and memories are subject to individual bias.

When people think of memory problems, their first thought is probably forgetting. However, that is just a small portion of memory problems as a whole. For example, in a study done at Boston University, students were shown a set of pictures of situations such as a careless student leaning back in his chair, a man taking an orange from the bottom of the pile, and a grocery bag ripping and spilling groceries. 68% of the students involved in the experiment claimed they remembered seeing the so-called cause picture of the bag ripping. The problem was that there was no cause photo for the spilled groceries. When the students saw the effect and not the cause, they made an assumption. This proved that inferences can cause us to think we remember something that never actually happened. Therefore, memories can actually be illusions. Recent memory research has focused on why we have memory problems such as remembering the first letter of a word but not the whole word. A