Eyewitness report or testimony refers to an account by people of an event they have witnessed. These are commonly used for criminal conviction by judges and jurors. It is a product of reconstructive memory where we piece together bits of stored information that seems real and accurate. The accuracy of an individual’s memory comes into question as it could lead to wrongful conviction. Some factors affecting accuracy of eyewitness reports include confirmation bias, misinformation effect and influence of violence and anxiety. The first part of the essay will explain these factors; the second part will discuss the ability to retrieve information from our long-term memory. Eyewitness testimony can be affected by confirmation bias. It is defined as “a tendency for eyewitness memory to be distorted by the eyewitness’s prior expectations”, (Eysenck and Keane, 2015, p.321). Barlett (1932) argues that schema causes the distortion. Schemas are generalized ideas or packets of knowledge stored in long-term memory. It is a cognitive framework to help us organize and construct memories based on expectations and our existing assumptions about the world. In the event of new situations like witnessing a crime, the information encoded into memory will not correspond exactly to what was encountered. An example would be study conducted by Bartlett (1932), where British participants were asked to memorize a Native American storybook. The story became significantly shorter, details were lost, and
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 is a hot button issue in not only the criminal justice field but also the psychology field as well. It continues to be argued that this type of “evidence” is far too unreliable for the court room and can ultimately end up punishing the wrong person for a crime they did not commit. The influence of an eyewitness testimony cannot be denied as research has showed that, “adding a single prosecution eyewitness to a murder trial summary increased the percentage of mock jurors’ guilty verdicts from 18 to 72” (Leippe, Manion, & Romanczyk, p. 182, 1992). In the article discussed here, researchers will look into various age groups to see if age has an effect on the credibility of eyewitness testimonies while attempting to discern what certain cues build upon such credibility.
Information is the lifeblood of a criminal investigation. The ability of investigators to obtain useful and accurate information from eyewitnesses of crimes is crucial to effective law enforcement, yet full and accurate recall is difficult to achieve (Stewart, 1985). Such elicitation of complete and accurate recall from people is important in many aspects of life; specifically, eyewitness recall may determine whether a case is solved. Principle advocates of the cognitive interview (Fisher, Geiselman, Holland & MacKinnon,
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.
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.
In the late 19th-century research on eyewitness, testimony memory began, psychologists had been studying memory, and the findings became useful for forensic psychology and law. A central issue with studying eyewitness memory and testimony is the ecological validity of lab studies. There are relatively few ‘real world’ eyewitness memory studies, and that causes problems for determining the generalizability of findings in eyewitness memory. Coined by Wells (1978) estimator variables are present at the time of a crime and cannot be changed (i.e. witness characteristics and the type of offence) and system variables are factors that can be manipulated to affect eyewitness accuracy (i.e. line-up procedures and interview types). The system variables
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,
“Wrongfully convicted at age 25, Calvin Johnson received a life sentence for the rape of a Georgia woman after four different women identified him. Exonerated in 1999, he walked out of prison a 41-year old man. The true rapist has never been found, (The Justice Project).” Eyewitness testimony is highly relied on by judges, but it can not always be trusted. Approximately 48% of wrong convictions are because of mistaken identity by eyewitnesses (The Psychology of Eyewitness Testimony). After we discovered this information, we became curious as to whether in a testimony, the eyewitness’ memory is more reliable after a short period of time or after a longer period of time? According to previous experiments, eyewitness testimony is unreliable. Likely, we want to know if a testimony that is given two to three hours after a crime has taken place is more reliable than a testimony given after a longer period of time.
The second study evaluated how the emotions of a witness can cause errors in the retelling of their story when there were no suggestions made. The participants in the study watched a violent video clip, then they were split into three groups. These groups consisted of an emotional aspect, factual and the controlled group. In the emotional group the individuals were instructed to talk about how the video made them feel when they were retelling the story. In the factual group they were told to just tell exactly what they remember what happened. The controlled group did an activity that was unrelated to the subject. All completed a free call and cue driven memory tests. The cue tests showed that it had little effort on the focus of telling the
Verbal overshadowing has been coined as the undependable eyewitness testimonials of explicit memories resultant of the cognitive barriers to a person’s inability to accurately verbalize or depict the events that have transpired. To illustrate the inaccuracies caused by verbal overshadowing, if it even exists, we conducted a study to demonstrate the differences in a person’s cognitive ability to accurately identify a perpetrator that has committed a crime in a police lineup (Schooler & Engstler-Schooler, 1990). Participants were provided a brief video clip of a perpetrator committing a crime, and data retrieval were manipulated between two conditions: a one-week delay in description retrieval, and half hour delay in description retrieval of the perpetrator’s identity. Although immediate retrieval is coined as the best technique to providing an accurate description, many argue the immediate retrieval may contribute to the effects of verbal overshadowing. In essence, all eyewitness remembrance is predominately terrible, no matter the individual providing the description (also see, Brown C., Lloyd-Jones, T. J., & Robinson, M.,
Further statistical evidence to support the unreliability of eyewitness testimony is provided by a study conducted by Loftus and Palmer (1974) on the significance of leading questions in altering memory. This study continues to highlight the importance of post-event memory distortion by way of interrogation (police interview, recollecting the event to friends/family/colleagues), independently seeking information about the case, and/or generally being involved in the ongoing investigation.
Human memory is seen as an unreliable source when we apply the idea of reconstructive and interpretative nature of memory to eyewitness testimony. The probability of people being wrongly accused increases as the importance of eyewitness testimony in the cases of accidents and crimes increases, and therefore the guilty do not come to justice (Gross, 64). Many experiments conclude that law professionals and judges rely and place their decisions on eyewitness testimony, however, researchers investigated on situations whereby the innocent had been accused. As cited in Miller’s article (2006), Gary Wells (1998) researched on forty such cases and with the help of DNA testing it was found that all forty convicted suspects were actually innocent. The witnesses wrongfully accused the suspects in thirty-six of these cases.