Eyewitness Identification, Criminal, And Criminal Law Essay

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

I. Before the 1980’s, courts relied on testimony and eyewitness accounts as a main source of evidence. Notoriously unreliable, these techniques have since faded away to the stunning reliability of DNA forensics.

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

Since the development of DNA evidence, More than 300 people have been exonerated in the United states alone, since 1989 as a result of eyewitness misidentification (Hsu, cited in Wixted et al, 2015). Consequently, The Innocence Project was founded in 1992 to assist those individuals who have been wrongfully convicted. The organization claims that over 70% of overturned cases are the result of eyewitness misidentification (Innocenceproject.org, n.d.). Whilst this is American data, it illuminates the tragedy that can emanate from such an unreliable element of the justice system. This essay will argue that eyewitness identification

Abstract: Over the past twenty years, advancement in DNA technology has directly led to the exoneration of nearly 300 people in the United States. In addition to these scientific advancements, a growing body of literature has focused on the significant roles eyewitness misidentification, so-called “jailhouse snitches,” and false confessions have played in contributing to wrongful convictions in U.S. courts. The aim of this paper is to examine the occurrence of wrongful conviction in criminal trials and the effect of DNA testing on bringing attention to the alarming frequency of these unjust judicial outcomes. Through an examination of previous wrongful conviction research and appellate court rulings, this paper will also explore the extent to which permitting wrongful convictions to be upheld constitutes a violation of civil liberties. Finally, this paper will discuss an important contradiction that advancements in science have exposed within our criminal justice system; while DNA technology and other advanced forensic techniques are increasingly being relied upon to secure criminal convictions, the justice system seems to be correspondingly reluctant to consider these forms of evidence for the

Every time an innocent person is exonerated based on DNA testing, law enforcement agencies look at what caused the wrongful convictions. There are many issues that contribute to putting guiltless lives behind bars including: eyewitness misidentification, false confessions, imperfect forensic science, and more (Gould and Leo 18). When a witness is taken into a police station to identify a suspect, it is easy for their memories to be blurred and their judgment influenced. This can lead the witness to identify a suspect who is actually innocent. Flawed forensic science practice also contributes to wrongful imprisonments. In the past, analysts have been inaccurate due to carelessness, testified in court presenting evidence that was not based

Well, in nearly 25 years since post-conviction DNA evidence has been used to demonstrate criminal innocence, even in cases that landed defendants on death row or in prison for life. Eyewitness misidentification, forensic science errors, false confessions, government misconduct and bad lawyering are many of the reasons wrongful convictions occur. Eyewitness being the most common. Sometimes it can be done by error and other times it is actually done intentionally. In seventy-seven percent of the DNA exonerations, eyewitness misidentification led to wrongful convictions (The Innocence Project- How wrongful conviction happen).

“In 1984, a British geneticist named Alec Jeffreys stumbled upon one of our most important forensic tools: DNA fingerprinting. Since his “eureka moment,” the scientific technique has been used successfully to identify perpetrators of a crime, clarify paternity and exonerate people wrongly convicted” (Jones). DNA evidence, specifically simple-mixture, is the most accurate type of forensic evidence we currently have at our disposal, but even it is not infallible. Other types of forensic evidence are much less accurate, but unfortunately their use is still permitted in U.S courtrooms. Jurors may be misled by experts within the courtroom as well. These misconceptions about the accuracy of forensic science and the field in general lead to many problems in the courtroom.

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.

Despite the efforts of the courts and law enforcement agencies to improve the handling of eyewitness testimony, misidentifications continue to be a major contributing factor to false convictions. The Innocence Project is a national litigation and public policy organization that has been dedicated to exonerating wrongfully convicted people through DNA testing. Since their inception in 1992, they have helped overturn 311 wrongful convictions in the United States, as of the date of this paper. Of those 311 cases, they have determined that misidentification has contributed to approximately 73% of those wrongful convictions ("The Innocence Project"). That is an extremely high percentage, and something needs to be done about this.

Well, in nearly 25 years since post-conviction DNA evidence has been used to demonstrate criminal innocence, even in cases that landed defendants on death row or in prison for life. Eyewitness misidentification, forensic science errors, false confessions, government misconduct and bad lawyering are many of the reasons wrongful convictions occur. Eyewitness being the most common. Sometimes it can be done by error and other times it is actually done intentionally. In seventy-seven percent of the DNA exonerations, eyewitness misidentification led to wrongful convictions (The Innocence Project- How wrongful conviction happen).

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.

As in any other phenomena, a lot of factors play an important role when it comes to children accurately recalling details about a particular event especially when it comes to a crime scene. Such factors can be internal factors such as biological and psychological ones and external such as suggestive questioning. In the first journal, Cordon, Silberkleit and Goodman (2016)studied the phenomena of eyewitness memory and the factor of familiarity. The first thoughts were that usually children are not familiar to the perpetrators therefore they know fewer facts about them.

Long again before DNA was founded detectives relied on their own instincts, witnesses, and suspect confession to solve a crime. “The past decade has seen great advances in a powerful criminal justice tool: deoxyribonucleic acid, or DNA. DNA can be used to identify criminals with incredible accuracy when biological evidence exists. By the same token, DNA can be used to clear suspects and exonerate persons mistakenly accused or convicted of crimes. In all, DNA technology is increasingly vital to ensuring accuracy and fairness in the criminal justice system”(justice.gov,2014). In today’s world of crimes nothing has been founded more reliable in court than a DNA evidence. Evidence can include weapons, tape recorder, photographs,

While the process of identifying someone is not the issue it is the problem of identifying the right person. For example there is the possibility that the police or some other person for any reason could plant DNA at the crime scene. There is also the question of whether or not DNA evidence can stand alone without circumstantial evidence. With mistrust towards the justice system and the possibility of sabotage many are still wary of further use of DNA identification. Though DNA identification has some drawbacks the benefits for outway the issues. This process while it does have some problems is far more efficient than witness accounts making identification much easier.