Eyewitness Testimony And Evidence Testimony Essay

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.

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

In a United States courtroom, evidence is king. There are all different kinds of evidence that can be brought into court, and these types of evidence are statistical, anecdotal, analogical, and testimony. Testimony is defined by Merriam Webster dictionary as “something that someone says especially in a court of law while formally promising to tell the truth” (2014). During a trial, testimony is heard supporting both sides of the court, the prosecution and defense. Though some of that testimony is based on hard facts, or expert testimony (deemed an expert by the judge), some of it can be easily misconstrued, and some can be undeniable (such as expert testimony in relation to hard evidence such as DNA). But there remains one type of testimony that carries an unprecedented weight in a courtroom, and that is eyewitness testimony. Some of the problems associated with eyewitness testimony are that is it unreliable, and it is leading or suggestive to a jury. In this paper I am going to address these issues as well as explore some ethical issues around eyewitness testimony, how it can effect the presumption of guilt, and who should have the burden of proof under certain circumstances.

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.

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.

Psychological research shows that eyewitness testimony is not always accurate; therefore it should not be used in the criminal justice system. Discuss.

In Canada, the leading cause of wrongful conviction is due to the factor of eyewitness account. It has been proven that individual’s minds are not like tape recorders because everyone cannot precisely and accurately remember the description of what another person or object looks like. The courts looks at eyewitness accounts as a great factor to nab perpetrators because they believe that the witness should know what they are taking about and seen what occurred on the crime scene. On the other hand, eyewitness accounts lead to a 70 percent chance of wrongful conviction, where witnesses would substantially change their description of a perpetrator.

It has been shown that eyewitness misidentification is one of the biggest factors in wrongful convictions, which has been overturned due to DNA (Innocence). Forensic evidence is one of the factors used to determine ones’ guilt or innocence in the court of law; however, some of the evidence used can pose a problem in court. Eye witness testimony has caused a lot of faults in court cases because it is portrayed as a strong factor of evidence. Eye witness testimony should not be used as primary evidence because of how unreliable, misidentified, and the impact it can have in the court of law. Eyewitness identification should have different alternatives in how it should be presented to the witness so that bias is not present.

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.

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

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

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

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.