Inaccurate Eyewitness Testimony

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.

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

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.

Maryland readers would like to believe the criminal justice system is always fair. However, studies show that eyewitness misidentification commonly leads to wrongful convictions.

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

The Corruption of Eyewitness Testimonies In 1993, three young boys from in West Memphis, Arkansas, were brutally murdered and mutilated. As a result of the town being in shock, they were quick to point fingers and falsely accuse “outcast” civilians as suspect. Damien Echols was sentenced to death, Jessie Misskelly Jr. was sentenced to life imprisonment plus two 20-year sentences, and lastly, Jason Baldwin was also sentenced to life imprisonment. It is not only utterly horrifying that three young boys were brutally murdered, but also horrifying that three young men were wrongfully incarcerated for a crime which they did not commit.

There are many reasons on why eyewitness accounts may be inaccurate. The main reasons I believe is because of reconstructing memories, familiarity effect, source amnesia and weapon focus . Reconstructing memory is when the original memories can be altered. By any little thing can change one’s memory into believing something that is false about the original memory. We may add or omit details based on an influences. For example in the study of Elizabeth F. Loftus asked two different groups to watch a car accident but groups were asked a how fast the cars were going in a different way. The question was “how fast did the cars hit/smashed into each other” , the group that was told the word smashed believed the cars went fast. Later, the eyewitness for that group clam to see broken glass at the scene but there wasn’t any. Influences can change or exaggerate certain aspects of the event. Witness will believe someone committed a crime due to familiarity effect. They may think they seen that person before so therefore they believe that the person who did. Source amnesia is when the eyewitness knew the crime happen but can’t remember when, how or when. In court that would not help at all. Weapon focus play a part in it too because if the time of the scene the eyewitness could have been

The social implication that have happened with a better understanding of eyewitness testimony are quite big. Because of the thousand and thousand of crime that have been made by people, we cant really trust everyone testimony of the situation. Because pretty much a conversation with someone else can easily mess every thing up. Which could suck for the person who is taken to jail because a of a eyewitness mistake. When the real criminal is out their actually doing more harm to others. Its actually scary to think how many individuals might be in jail for years of their life knowing that they had nothing to do with a crime that they weren’t even involved

The Reliability of Eyewitness Testimony Part 1 - How reliable is Eyewitness testimony? The Reconstructive nature of memory - Schemas and Stereotypes The reconstructive nature of memory is related to the schema theory. A schema is a package of memory that is organized and developed throughout our lives.

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.

Eyewitness testimony is defined as, “an area of research that investigates the accuracy of memory following an accident, crime, or other significant event, and the types of errors that are commonly made in such situations.” Much emphasis is placed on the accuracy of eyewitness testimony as often-inaccurate eyewitness testimony can have serious consequences leading to wrong convictions. Eyewitness testimony is a powerful tool within any field, particularly that of justice, as it is a readily accepted form of evidence that allows for convictions. However, Tests conducted by Loftus have shown an enormous swing from a non-guilty verdict, to guilty within the same case, simply through the introduction

A false memory is simply a memory that did not occur. An actual experience can become distorted as best illustrated by the Cog Lab experiment on false memories accessed through Argosy University. The experiment is outlined as follows: a participant is given a list of words that are highly relative in nature at a rate of about one word every 2 seconds. At the finish of the given list, the participant is then shown a list of words in which he or she is to recall the words from the original list. A special distractor is inserted to the list, and this word, although highly relative in nature, was not in the original list. For example, the