Juries tend to pay close attention to eyewitness testimony and generally find it a reliable source of information. Turtle university of alberta abstract psychological research on eyewitness testimony has flourished over the last decade and there are. They believe that the human memory records the events and just plays them back exactly how they happened. People are different in the way they recognize and recall events especially through perception. A new report concludes that the use of eyewitness accounts need tighter control, and among its recommendations is. The reliability of eyewitness identification springerlink. Number of cases in which eyewitness testimony is a problem. Surveys of jurors in criminal cases show that jurors. Pdf eyewitness testimony and memory biases researchgate. Eyewitnesses arent as reliable as you might think the. Factors effecting the accuracy of eyewitness testimony. Next, determine whether the identification procedures in the case were fair and unbiased finally, evaluate what eyewitness factors during the crime are likely to have increased or decreased the accuracy of the eyewitness testimony. Jul, 2017 new research reveals how little we can trust eyewitnesses.
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. This includes identification of perpetrators, details of the crime scene etc. Eyewitness testimony is historically among the most convincing forms of evidence in criminal trials e. On july 1984 at north carolina, jenifer thompson, a college student, was sexually harassed at. For example they may be required to give a description at a trial of a robbery or a road accident someone has seen. Weve all experienced, at one time or another, our own memories failing us at times, and this may have. Article information, pdf download for reliability of eyewitness testimony. The work of this committee led to key findings and recommendations for reform, detailed in a consensus report entitled identifying the culprit. That iconic moment when a testifying witness points to the defendant as the. Although research may point in the direction of an eyewitness being influenced by a factor, this does not necessarily mean that an eyewitness is unreliable.
The reliability of eyewitness testimony semantic scholar. In eyewitness testimony, elizabeth loftus makes the psychological case against the eyewitness. The reliability of eye witness testimony criminology essay. A combination of high anxiety, poor memory, and age factors could contribute to the unreliable nature of eyewitness testimony, but this is something that is questionable today. The reliability of eyewitness testimony essay 940 words cram. Recently, the jurisprudential system seems to be becoming more aware of the fallibility of eyewitness testimony and of the plethora of research that has been conducted. An examination of the causes and solutions to eyewitness error. View essay apa psychology eye witness testimony essay 1. When there is no evidence to apprehend the accused, eyewitness testimony becomes an effective tool in.
The chains of transmission need in many cases be extended no further than that from eyewitness to author. Additionally, existing procedural safeguards are insufficient to put off erroneous convictions caused by eyewitness errors. Reliability of eyewitness testimony under scrutiny. One prominent pioneer was hugo munsterberg, whose controversial book on the witness stand 1908 demonstrated the fallibility of eyewitness accounts, but met with fierce criticism, particularly in legal circles. Probably only a suspects signed confession can further convince a jury about that individuals guilt. Eyewitness memory is a lot more reliable than you think. This thesis examines previous experiments concerning eyewitness testimony. In determining what can affect the reliability of eyewitness evidence, the nature of the crime is itself significant. To determine the reliability of eyewitness testimony, you must understand how the human memory works. For this reason, much previous research has investigated the effects of. When correct, eyewitness accounts can aid in the conviction of many guilty people. Bauckham emphasizes, as he did in the first edition, that it does not follow that the gospels are not creative products written by the evangelists, or that the proximity to eyewitnesses guarantees reliability in any direct and wooden fashion. Pdf eyewitnesses are susceptible to recollecting that they. Factors affecting the accuracy of eyewitness identification.
Research regularly shows that ewt is affecting by experiences occuring after a witnessed event. This can affect eyewitness testimony because what if the witness is better in recalling than in recognizing. This study examined the effect of the wording of interview questions on eyewitness testimony. Validity of eyewitness testimony validity of eyewitness testimony in todays court system one of the strongest pieces of evidence, or that most commonly accepted as fact by a jury, is eyewitness testimony.
It refers to an account given by people of an event they have witnessed. In light of these findings, judicial practices of excluding expert testimony on the reliability of eyewitness identifications should be reexamined. Expert testimony about eyewitness reliability certainly seems to fit the bill. A key factor is the use of misleading information information that suggests a desired response, especially in the form of leading questions and postevent discussion. Because the principal participants in criminal justice systems lack the requisite knowledge and skills to accurately assess eyewitness testimony, legal systems need safeguards that either prevent erroneous eyewitness identifications from being introduced into evidence at trial or enable the trier of fact to accurately assess eyewitness testimony. Why eyewitness testimony is unreliable cogdell law firm. An understanding of these issues may help jurors to realize that eyewitness testimony is not equivalent to dna evidence in probative value. Surveys of jurors in criminal cases show that jurors place great weight on the testimony of eyewitnesses.
Participants were male and female college students mean age 19. Ensuring childrens accurate disclosure and memory is at the heart of the modern scientific study of childrens testimony. Eyewitness testimony is a potent form of evidence for convicting the accused, but it is subject to unconscious memory distortions and biases even among the most confident of witnesses. Eyewitness testimony is an important area of research in cognitive psychology and human memory. Although certain pockets within the broad field of academic psychology have come to appreciate that eyewitness memory is more reliable than was once believed, the prevailing view, by far, is that eyewitness memory is unreliablea blanket assessment that increasingly pervades the legal system.
Participants were presented with a short video of a vehicle accident. Eyewitness testimony and suspect identification as a function of arousal, sex of witness, and scheduling of interrogation. Eyewitnesses arent as reliable as you might think patrick semanskyap. How to analyze the accuracy of eyewitness testimony in a. Even the most honest and objective people can make mistakes in recalling and interpreting a witnessed event. This study examines the effects of 14 estimator variables e.
The reliability if an eyewitness testimony is questionable. Pdf on jan 1, 2014, cara laney and others published eyewitness. Eyewitness testimony and its effect on the credibility of. Dec 20, 2017 eyewitness testimony is based on the human memory. There was a time when eyewitness testimony was considered the best evidence in a criminal case. Though a large number of researches do not support the reliability of eyewitness testimony, there is also evidence to support it like yuille and cutshalls 1986 case study. Current knowledge and emergent controversies gary l. Improving the reliability of eyewitness identifications. Some regional jurisdictions, such as new jersey 10,11, massachusetts 12, texas, and north carolina 14 have begun to provide instructions to jurors on how to approach eyewitness testimony 10,1214. May 16, 2001 expert testimony about eyewitness reliability certainly seems to fit the bill. This suggests that although eyewitness testimony can be unreliable, under certain conditions, it is highly accurate. Abajos university of the basque country, san sebastia.
However, the reliability of eyewitness testimony has recently come into question with the work of organizations such as the innocence project, which works to exonerate the wrongfully convicted. Without objective evidence, the two are indistinguishable. New research reveals how little we can trust eyewitnesses. Assignment title here eye witness testimony elizabeth vanlaningham grand canyon. Personal characteristics and validity of eyewitness testimony. Experimental psychologists in general and elizabeth loftus in particular awakened the legal system to the fact that eyewitness. There is a great difficulty faced by many eyewitnesses when identifying perpetrators of crimes. Validity of eyewitness testimony 2353 words bartleby. Pdf effects of interviewer word choice on eyewitness. Eyewitness testimony is a hot button issue in not only the criminal justice field but also the psychology field as well. Over the last three decades, psychologists have made important discoveries, and applied those discoveries to the legal system in myriad ways.
Aug, 2014 because the principal participants in criminal justice systems lack the requisite knowledge and skills to accurately assess eyewitness testimony, legal systems need safeguards that either prevent erroneous eyewitness identifications from being introduced into evidence at trial or enable the trier of fact to accurately assess eyewitness testimony. Another case happened in north carolina back in 1984 also illustrate the reliability of eyewitness and their memory. Indeed, the very reason why defense attorneys want to introduce such evidence is that jurors daytoday experience will lead them to give too much weight to eyewitness testimony. What do psychologists know about eyewitness testimony that could aid its. But recent scientific developments have cast doubt on the reliability of eyewitness testimony. At least until the 1970s, and to some extent still today, the legal system operated as if the testimony of a credible and confident eyewitness was essentially infallible. Reliability of eyewitness testimony eyewitness testimonies have played a major role in many wrongful court convictions. His main research focus is on eyewitness memory and identification, especially the determinants and predictors of both recognition and recall accuracy. Reliability of eyewitness testimony chicago criminal lawyer. Iowa state university experimental social psychologist gary wells, phd, a member of a 1999 u. While much of the research in relation to eyewitness testimony, childrens evidence and adults memories of. Nevertheless, courts of law have relied heavily on eyewitness testimony and they will continue to do so.
Elizabeth revealed several important variables in the study of this issuebesides the more obvious factor of age differences, gender, abuse status. So memory can be remarkably accurate or remarkably inaccurate. In the united states, approximately 75,000 defendants are implicated by eyewitnesses annually department of justice, 1999. The reliability of eyewitness testimony essay 940 words. 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. Jun, 2017 eyewitness memory is a lot more reliable than you think. However, research into this area has found that eyewitness testimony can be affected by many psychological factors. Reliability of eyewitness testimony under scrutiny an august ruling by the new jersey supreme court will make it easier for defendants to question the credibility of eyewitness testimony in. Beginning with the basics of eyewitness fallibility, such as poor viewing conditions, brief exposure, and stress, loftus moves to more subtle factors, such as expectations, biases, and personal stereotypes, all of which can intervene to create. To the swelling chorus of activists and researchers who argue that eyewitness testimony is both fundamentally unreliable and overrelied upon, the cotton case is a prime example of what can go tragically wrong when court cases hinge on human recollection. This paper will discuss the reliability of eyewitness testimony, its use in a relevant court case, and how the reasonable person standard relates to eyewitness testimony. Just because memory is malleablefor example, it can be contaminated with the trace. Reliability of eyewitness testimony chicago criminal.
Eyewitness testimony plays a key role in courtroom trial. Rethinking the reliability of eyewitness memory john t. Eyewitnesses can provide very compelling legal testimony, but rather than recording experiences flawlessly, their memories are susceptible to a variety of errors and biases. Eyewitness testimony is used in a large number of cases and is responsible for many false convictions. These factors include characteristics of the witness, characteristics of the witnessed event, characteristics of testimony, lineup content, lineup instructions, and methods of testing. Department of justice panel that published the firstever national guidelines on gathering eyewitness testimony, says loftuss model suggests that crime investigators need to think about eyewitness evidence in the same way that they think about trace. In lieu of an abstract, below is the articles first paragraph. When there is no evidence to apprehend the accused, eyewitness testimony becomes an effective tool in apprehending the culprit. Eyewitness testimony and memory biases by cara laney and elizabeth f.
Particularly, in this case, the testimony is the victim herself. Specifically, she looked at findings from two experimental studies regarding the accuracy of childrens memory recall. To develop a method to assess the reliability of eyewitness testimony in a real. As the research on how to better eyewitness testimony continues, we have seen the development of having a double blinded study. Sep 17, 2015 no matter how convincing an eyewitness may be, a skilled criminal defense attorney will usually be able to mitigate that testimony based on cognitive psychological research that proves the unreliability of eyewitness testimony and the fact that most wrongful convictions are due to mistake eyewitness testimony. Eyewitness testimony is perhaps the oldest form of evidence and is typically given the. His ideas did, however, gain popularity with the public. This issue has been at the heart of a growing body of research in the field of. However, due to memory processing, presenting this information accurately is not always possible.
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