Eyewitness testimony is a legal term and refers to an account given by people that they have witnessed. For example, an individual may be required to give a description at a trial of a robbery or a road accident someone has seen (Simply Psychology, 2009). This includes, but isn’t limited to, identification of perpetrators and details of the crime scene. Eyewitness memory is a form of episodic memory; episodic memories are memories of past events that are situated in a specific time and place (Thorley, 2013). Furthermore, having participant’s study and recollect stimuli such as word lists, stories, and mock crimes can help assess episodic memory.
Furthermore, eyewitness testimony is an important area of research in cognitive psychology and human memory. Juries tend to pay close attention to eyewitness testimony and generally find it a reliable source of information (Simply Psychology, 2009). However, research into this area has found that eyewitness testimony can be affected by many psychological factors like emotional retelling, emotional content and self-relevancy, and sleep quality, which in fact can cause error within the testimony. According to the American Psychological Association, one in three eyewitnesses make erroneous identification. Accordingly, information that’s retaliated post the event, supplied by the police, prosecutors, media, other eyewitnesses, family, and friends can alter not only an eyewitness’s memory of the crime but also the eyewitness’s memory of
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.
Eyewitness testimony has long been viewed as important evidence in court cases. The general population believes eyewitness identification more than any other evidence, even if the witness account is conflicting with the other evidence presented. Studies show that eyewitness testimony is unreliable, and yet it is still considered the most important form of evidence. People think that if a person says they saw something then it must have happened. Currently there are no universal guidelines on how to obtain and present such evidence. The purpose of this paper is to explain why eyewitness testimony is unreliable, and discuss the proposed guidelines on how law enforcement agencies should gather identifications, as well how
Eyewitness testimonies are based on a person’s ability to recall what took place accurately. Memory research has proven that a person’s memory is not a recording but it is reconstructive. Loftus and Palmer’s study set out to prove that the memory could be reconstructed through the use of language.
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
The concepts that are covered in the experiment: “Testing the Accuracy of Eyewitness Testimony” are how the memory part of your brain works. Also, the colors that help memorization is also included in this experiment.Another thing that is covered in this experiment is whether or not someone is able to regurgitate information back after 20 minutes. Another thing that is covered in this experiment is the types of memory disorders. Tips on how to keep a healthy memory are also included. Also, the steps to creating a new piece of memory is also covered in this experiment. Another thing that is included in the experiment is the timeline as to how we know memory today got there.
However, factors such as interactions with other witnesses and the influence of media outlets cannot be accounted for. In addition, the small sample size of 13 participants means the results are not as reliable and cannot be generalised to the population at large. One possible factor which may influence the results is that witnesses were within close proximity to the events which transpired which can influence memory as well as not being applicable to many crimes whereby the witnesses only see part of the crime or a shadow of the perpetrator. An alternative explanation would be that flashbulb memory was at work here.
Research studies in relation to eyewitness testimony have been going on for hundreds of years. A study done in 1999 by Marcus D. Durham and Francis C. Dane at Mercer University, looked at ways to assess prospective jurors’ knowledge of the factors that may influence eyewitness behavior. Those factors include topics such as race, memory processes, age, and stress. In addition, the researchers “compared students’
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.
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
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
The article, When I Witnesses Talk, covers the issue of eyewitness testimonies and their reliability with memory conformity. Often when two people experience the same event they both have very different recollections of the occurrence. One event within the journal article incorporates the murder of Jill Dando, within this investigation there was a lineup where 16 witnesses were asked to identify the suspect, where only 1 of the 16 witnesses recognized him. The police conducted a second lineup where for example one witness stated that they were 95% sure that the suspect that they identified was at the scene of the crime, yet in the original lineup that person was unable to identify anyone from the lineup. One key piece of information was discovered,
There are many different factors that play a part in the increased chance of a witness correctly identifying a suspect. Such factors should be brought to the attention of the jury and the judge to help in properly assessing whether a witness is correctly identifying a suspect. A study by Magnussen, Melinder, Stridbeck, & Raja (2010) found that of the three different types of people: judge, jury, and general public, that for the most part all where fairly ill-informed on the reliability of eyewitness testimony with judges having the most. Judges only had about an 8% difference in knowledge when compared to jurors. With this information it is very clear that education on the reliability of eyewitness testimony needs to become more of a general knowledge information for the everyone, especially people who are involved in upholding the law. Another factor to look into when evaluating the accuracy eyewitness testimony is the role that memory plays. Memory is divided into three processes: perceiving, remembering, and recalling information (Simmonsen, 2013). There is plenty of room in all three of those stages to forget or falsely remember something. Some factors that play a part when a person perceives an event is the amount of time they are exposed to the event and the suspect. A study conducted by Horry, Halford, Brewer, Milne, & Bull. (2014) found that witnesses were increasingly more likely to correctly identify a suspect if they had been exposed to the suspect for sixty
Psychologist Elizabeth Loftus has been particularly concerned with how subsequent information can affect an eyewitness’s account of an event. The fact the eyewitness testimony can be unreliable and influenced by leading questions is illustrated by the psychology study by Loftus and Palmer (1974). The aim of the study was to test their hypothesis that the language used in eyewitness testimony can alter memory. To test this, Loftus and Palmer asked people to estimate the speed of motor vehicles using different forms of questions.
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.
They also may fear having to testify in front of the accused, or being yelled at while on stand. This fear, or anxiety could lead to biased answers towards or against the defendant. According to the American Psychological Association, emotional events often are remembered inaccurately due to stress and trauma (Aharonian, A., Bornstein, B.,2008). Eyewitness testimony has been around for decades and will still be around decades from now. When someone sees a crime they may be only person that can bring justice to the victim