Eyewitness Testimony: A Powerful Forms Of Evidence In A Trial

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.

Eyewitness misidentification can pose a serious threat in forensic evidence. Eye witness testimony can easily be tampered with due to words or phrases used. Bias is a major issue in identification especially if the police officer uses suggestive tones to portray whom they believe is the suspect. Some witnesses will change their opinion when they hear new information of the suspect. A study has shown that words can play a major impact in the witness' mind and cause them to recall false information. False information can also stem from human memory, age, distance, and how long it took before a witness could recall the information. It has been shown that due to the confidence that a witness may have, it could impact the court systems' reliability on the witness; however, there are several solutions that can be done to prevent misidentification in the court of law. Some examples that can be done are blind administration, lineup composition, instructions, confidence statements, and

“Wrongful convictions happen every week in every state in this country. And they happen for all the same reasons. Sloppy police work. Eyewitness identification is the most- is the worst type almost. Because it is wrong about half the time. Think about that.” (Grisham). Wrongful convictions can happen to anyone, at anytime. Grisham implies wrongful convictions happen for the same reasons, careless police work as well as eyewitness identification. An eyewitness identification is a crucial aspect in detective work because it essentially locates the person at the crime scene. This is the worst cause of wrongful convictions because it is wrong half the time.

Although eyewitness testimony can be significant when displaying it to a judge or a jury, years of supportive social science research has sustained that eyewitness identification is often unreliable. As the Innocence Project website illustrates, studies show that the human mind is nowhere near like a ‘tape recorder’ and we as humans do not record events exactly as we see them. Instead, witness recollection is just like any other evidence at a crime scene and must be preserved carefully and sensibly retrieved or it can be considered as contaminated.

Professor Farris, eyewitness evidence is not perfect; however, law enforcement agencies still use lineups, show-ups, and photographic arrays today. The professionals have taken a closer look at eyewitness evidence, precisely at the effectiveness of identifying suspects from lineups and photographic arrays. Law enforcement officers in the United States investigate millions of crimes per year; considering, a percentage of law enforcement agencies investigate crimes that involve the use of police arranged identification procedures. "The National Institute of Justice (NIJ) has initiated a multisite field experiment of eyewitness evidence to examine the effectiveness and the accuracy of the crucial and influential component of the Nation's Criminal

Lineup identifications can yield biases through the lineup administrator’s insight and biased instructions which influences an eyewitness’ decision. An administrator’s knowledge refers to their awareness of the suspect's identity during the line-up identification process (Quas, 2017). The advance knowledge can potentially influence the eyewitness to choose a suspect from the lineup even if they are absent. Lindsay et al. (1997) reveal that witnesses tend to identify a lineup member that closely resembles the suspect from their memory. If the eyewitness is aware of the administrator’s advanced knowledge, they can be pressured to identify a suspect. For example, the eyewitness may be inclined to choose a member from the lineup because they

According to the article “Expert testimony: Does eyewitness memory research have probative value for the courts?”, “…eyewitness identifications are the single most common cause of wrongful convictions” even though compared to actual confessions, “eyewitness testimony has been described as the most incriminating evidence that can be introduced against the accused” (Yarmey, 2001). While even though eyewitness testimony can lead to false accusations, it is still considered to be a necessary source of evidence in a crime case. A statistic provided by Christine Mumma, Dwayne Allen Dail’s lawyer, supports the liability of eyewitness testimony, stating that “Misidentification is the leading factor in wrongful conviction across the country…it’s present in 75 percent of wrongful convictions” (Mumma, 2009). Inaccurate eyewitness testimonies are not just simple memory slips of the brain, as they can unfairly affect the lives of innocent

In this paper I’m going to discuss the psychological issues that are used in prosecutors cases such as eyewitness identification, issues that have led to the wrongful convictions of defendants, and what is done to overturn these wrongful convictions. I will also start by defining eyewitness identification. Eyewitness identification is a person whose identification by sight of another person may be relevant in a criminal proceeding. (GS_15A-284.52.)

Various factors play into a juror’s decision about a defendant’s guilt and sentence. Two great issues are in regards to eyewitness testimony and a defendant’s characteristics that serve to be great influences on a juror’s decision (Shermer, Rose, & Hoffman, 2011; Sommers, 2007). Research has shown that an eyewitness’ credibility also has a large effect on a juror’s decision (Pozzulo & Dempsey, 2009). When a discredited witness is introduced in a study, it can greatly influence the decision of whether or not the defendant is guilty (Whitley, 2001). In addition, prior research has also shown that a juror may hold bias towards a certain ethnic group or race that effects their decision (Espinoza & Willis-Esqueda, 2008). The current study examined

Eyewitness identification commonly involves selecting possible suspects from a police lineup or a police sketch. Eyewitnesses are encouraged to compose a statement, after selecting a subject. At the trial, months or even years later, witnesses share what happened in court. Eyewitnesses with psychological disorders, such as substance dependence or antisocial personality disorder, are at a higher risk for criminal involvement and false identifications. Although a few eyewitness reports are correct, jurors should not welcome them without further evidence. Jurors frequently grant extra weight to the eyewitness account who report with confidence, however studies show that confident eyewitnesses are at times only slightly more accurate than those

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.

How Reliable Are Eyewitnesses? For decades the court system has relied on eyewitness and someone’s statement in a lot of criminal cases. Loftus, states “just because someone says something confidently doesn’t mean it is true” (Bohannon, 2014). How does the criminal system allow juries, lawyers, and eyewitness to be responsible for someone else life. I realize they have college degrees and they are trained. However, how many have people being wrongfully accused and there are criminals who received a jail sentence they deserved.

Eyewitness testimony has been used as an important tool in the criminal justice system. When there is lack of other kinds of evidence, police often rely on eyewitness to find potential suspects. In court, eyewitness testimony is a kind of important evidence associates with DNA or other types of evidence. However, many psychologists think that it should not be used in the criminal justice system as most of the wrongful convictions were caused by inaccurate eyewitness testimony.

An eyewitness is a person who witnessed a particular crime or situation. AlleyDog.com defines an eyewitness testimony as “a situational account of a witness of what is typically a crime or an accident. It is a legal term that essentially describes when a witness or victim is recounting their firsthand experience to another person or to a court.” Research has shown that a testimony can be incorrect due factors such as stress, outside peers, misleading question and loss of memory (1998-2017). These things must be taken into account so that a jury does not put an innocent person in prison. A reliable witness should have the main characteristics; adequate perception, have a good memory and report it well, must able and willing to tell the truth