Eyewitness Identification, Criminal, And Criminal Law Essay

The real problem is that 95% of felony cases only use eyewitness evidence. (1) These are the more serious cases as well; they are the ones where people can be sent to death row. Should someone be sentences to death on only eyewitness evidence? As said before, eyewitnesses can be used for key events, but they do not remember accurate details. Relying only on eyewitness evidence can cause serious problems. In 1991, 247 murder cases were thrown out because of false or tainted witness statements. Some of the accused murders were even behind bars at the time of the murders. (1) Furthermore, 75% of DNA evidence has been shown in cases where the witnesses were wrong. (5) This goes to show how scientific evidence is much more accurate than witnesses. However, witness evidence can be critical in sexual assault cases for children. Children do not understand sexual assault, so they usually give truthful and clear evidence. Adults tend to fill in the evidence with their own “fuzzy logic”. (1) There are certain cases that witness evidence can be very helpful, but scientific evidence is overall more reliable and

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

The first and greatest cause of false convictions is eyewitness identification according to the innocence project website almost 75% of cases later overturned were due to wrongful eyewitness identification. One of the main issues as we learned in class is that our minds do not keep a perfect recording of events in our memory they are often impacted by additional information given after the fact. Information about a suspect given afterwards such as suggesting their hair color, height, weight, or other attributes about them could influence our memories. Another issue found is using things like “show ups” for victims and witnesses; this is discussed on the innocence project page and was in class. Show ups tend to lead to wrongful identification because there is only one person instead of several potential suspects like a lineup. The Innocence project website discusses two variables that affect wrongful eyewitness identification Estimator and System variables. Estimator variables are things the justice system cannot influence such as the lighting, distance used when the victim or witness saw the suspect, the amount of stress or anxiety the victim is under, and research shows that it is hard for witnesses to identify someone of a different race than they are. The 2nd group of variables discussed are the system variables, these are things that the system can impact such as the type of lineup like line up or show up, how they administer lineups such as how similar the suspects

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.

The most vicious cause of wrongful conviction is eyewitness misidentification. According to the Innocence Project, 72% of overturned wrongful convictions through DNA testing were due to eyewitness misidentification1. As this statistics implies, eyewitness identification (Eye-ID) is untrustworthy information. The main reason why Eye-ID lacks accuracy is due to malleability of memories. The Innocence Project asserts there are two variables greatly influence memory and also Eye-ID. One type of variables is “estimator variables” which are incontrollable factors by the criminal justice system. Examples of estimator variables are environmental factors (e.g., lighting and distance) when the crime occurred, racial factors, and psychological factors (e.g., severity of trauma)1. The other type of variable is “system variables” which is controllable by the criminal justice system. These variables are within the procedure of attaining evidences. For instance, post-identification feedback (e.g., confirming feedback that an eyewitness receives), biased lineup/ photo array composition, biased administrators of lineup can negatively influences Eye-ID.

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).

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.

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.

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.

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).

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

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

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.

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,