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Eye Witness Testimonies in the Legal Courts

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Eye Witness Testimonies in the Legal Courts
The Inconsistency of
Eyewitness Testimonies in the Legal Setting
Ashleigh Precoma
Royal Melbourne Institute of Technology

Eyewitness testimony is an important area of research in cognitive psychology and human memory. Matsumoto, 2009 defined eyewitness testimony as information that an individual can provide about a crime. This includes information about the perpetrator(s) as well as information about the crime and crime scene. This information is then delivered by the bystander in a courtroom, where the jury must pay special attention and may even come to a decision based on this, somewhat reliable piece of evidence. Eyewitness testimonies’ have been considered a credible source in the past, but have recently come under attack as forensics now support psychologists in their claim that memories and individual perceptions are unreliable; as they are easily manipulated, altered, and biased. Research into this area has found that eyewitness testimony can be affected by many psychological factors including anxiety and stress, reconstructive memory and also the use of leading questions.

One factor that is thought to have a significant effect on eyewitness memory is the degree of emotional arousal or stress experienced by the witness during the crime. There are many studies looking at the effects of anxiety and stress on eyewitness testimonies’. Some of them have shown that anxiety can impair the accuracy of these testimonies. However, other studies have proven that anxiety and stress can actually lead to a more detailed and accurate recall of the event witnessed. Loftus and Burns (1982) showed that anxiety can impair the accuracy of eyewitness testimonies.
One group of participants were a showed a film of a crime with no violence. Another group were shown the same film but with a violent incident where a boy was shot in the face. They found that those who saw the violent incident recalled significantly less than those who saw the film without the violent



References: Burton, L., Westen, D., & Kowalsi, R. (2009). Psychology: Australian and New Zealand Edition (2nd ed.). Brisbane, Australia: John Wiley & Sons. Christianson, S., & Hubinette, B. (1993). Hands Up! A Study of Witnesses Emotional Reactions and Memories Associated with Bank Robberies. Applied Cognitive Psychology, 7, 365-37 Eyewitness Testimony and Anxiety. (2012) Retrieved from the AS Psychology web site: http://aspsychologyblackpoolsixth.weebly.com/ewt--anxiety.html Leading Question [Def. 1]. (n.d.). Merriam-Webster Online. In Merriam-Webster. Retrieved March 16th, 2013, from http://www.merriam-webster.com/dictionary/leadingquestion Loftus, E.F., &Palmer, J.C. (1974). Reconstruction of Automobile Destruction: An Example of the Interaction Between Language and Memory. Journal of Verbal learning and Verbal Learning, 13, 585-589 Matsumoto, D. (Eds.). (2009). The Cambridge Dictionary of Psychology. (1st ed.). United States of America: Cambridge University Press McLeod, S. A. (2009). Eyewitness Testimony. Retrieved from the Simple Psychology web site: http://www.simplypsychology.org/eyewitness-testimony.html The War of the Ghosts - Bartlett Schema Theory. (2012) Retrieved from the Wikia web site: http://asbib.wikia.com/wiki/The_War_of_the_Ghosts_-_Bartlett_Schema_Theory

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