Preview

Eyewitness Testimony

Good Essays
Open Document
Open Document
2060 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Eyewitness Testimony
Eyewitness Memory is Unreliable
Marc Green
Introduction
Eyewitness identifications greatly sway both police and juries. As the Thomson example illustrates, an eyewitness identification can even outweigh a strong alibi supported by other testimony. This is sometimes unfortunate because eyewitness memory is highly fallible. Memory errors fall into two classes: people can 1) either completely fail to recall an event or 2) have an inaccurate recollection. People have very different attitudes about the two types of failure. Most people understand that total memory failures are common. They can introspect about occasions when they have been unable to recall an event, so failures by other people are hardly surprising. In contrast, people are overly optimistic about the accuracy of their retrieved memories, probably because most errors have little practical consequence and go unnoticed. Given the confidence in their own memory accuracy, people have too much faith in the accuracy of eyewitnesses. Memory has a multitude of quirks and inaccuracies that creep into its everyday operation. Here, I describe some basic background on memory and on the types of memory distortions that are common.
Types of Memory
It is more accurate to speak of human memories rather than of human memory, since people have several distinctly different types. The basic division is among sensory, short-term and long-term memories. Each of these memories further consists of subsystems. There is a separate sensory memory for each sense, iconic (visual), echoic (auditory), etc. Some also distinguish a "working memory" consisting of separate executive, phonological loop and visuo-spatial subsystems.
Most matters involving eyewitness testimony depend on accuracy of long-term memory, which has at least two subsystems, implicit and explicit memory. Implicit memory stores things that you don 't consciously know, like how to peddle a bike. You just get on the thing and start peddling without conscious



References: Baddeley, A. (2004). Your Memory: A User 's Guide. Richmond Hill, Canada: Firefly Books. Norretranders, T., J. (1999). The User Illusion: Cutting Consciousness Down To Size, 186-87. New York: Penguin Books.

You May Also Find These Documents Helpful

  • Good Essays

    Research suggests that anxiety and the age of witnesses can affect the accuracy of eyewitness testimony (EWT) for a variety of reasons. The age of a witness can affect the accuracy of eye witness testimony and it is thought that as a result, EWT is often inaccurate. Research by Geiselman and Padilla (1988) found that children were less accurate when reporting events of a filmed bank robbery than adults; despite this, other research has failed to find much of a difference between adults and children, especially when free recall instead of structured interview is used. Furthermore, Children appear to be more susceptible to leading questions than adults (Goodman & Reid, 1986), and younger children are more likely to incorporate misleading information into their memories of the events if they are asked the same question repeatedly (Leichtman & Ceci, 1995). Most research into the accuracy of children’s memory has come from laboratory research, therefore it allows for precise control of variables, the experiments can be replicated for reliability and the independent variables will be carefully constructed allowing good inference of cause and effect. On the other hand, lab experiments are artificial as the setting is not typical of real life situations, therefore lacking ecological validity. It is not just the memory of children that has been tested; Anastasi & Rhodes (2006) used participants aged 18 – 78 years and found that young and middle-aged participants were more accurate at recognising photographs than older participants. Furthermore, Yarmey (1984) and Cohen & Faulkner (1988) found older people made more recall errors than younger people. Both researches suggest that the memory and therefore EWT is probably as unreliable as a child’s.…

    • 590 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Steve Titus’s circumstances illustrates the dangers of source confusion during eyewitness testimonies. Source confusion occurs when the context and details of a stimulus are misremembered or confused with another stimulus, which may only appear familiar. In this case, Titus resembled a rapist who was wanted, as well as his car was similar to the rapist’s car. When Titus was shown in a lineup, he was picked out as the offender. This situation shows that people are capable of having no source memory, but can still have a sense of familiarity.…

    • 622 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Psy 270 Week 1 Reflection

    • 448 Words
    • 2 Pages

    A third way the memory of an eye witness can be affected is when they hear incorrect information from someone other than the person questioning them which can indirectly alter what the eye witness is able to remember. This could possibly affect the description of an individual involved, when the incident occurred, or the events that led up to the incident.…

    • 448 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Goodman, G. S. (1984b). The child witness: Conclusions and future directions for research and legal practice. Journal of Social Issues, 40(2), 157-175. Goodman, G. S., Golding, J. M., & Haith, M. M. (1984). Jurors ' reactions to child witnesses. Journal of Social Issues, 40(2), 139-156. King, M. A. (1984). An investigation of the eyewitness abilities of children. Unpublished doctoral dissertation, University of British Columbia. Canada. Lindsay, R. C. L., & Wells. G. L. (1985). Improving eyewitness identifications from lineups: Simultaneous versus sequential lineup presentation. Journal of Applied Psychology, 70. 556-564. Loftus, E. E (1979). The malleability of human memory. American Scientist, 67, 312-320. Loftus, E. E, & Burns, T. E. (1982). Mental shock can produce retrograde amnesia. Memo~ and cognition, 10(4), 318-323, Loftus, E. E, & Davies, G. (1984). Distortions in children~ memory. Journal of Social Issues, 40(2), 51-67. Mandler, J. M. (1983). Representation. In J. Flavell & E. Markman (Eds.). Vol. 4 of E Mussen (Ed.). Handbook of child psychology (pp. 420-494). New York: Wiley. Marin, B. V., Holmes, D. L., Gutb, M., & Kovac E (1979). The potential of children as eyewitnesses: A comparison of children and adults on eyewitness tasks. Law and Haman Behavior, 3. 295-305. Melton, G., Bulkley, J., & Wulkan, D. (1983). Competency of children as witnesses. In J. Bulkley (Ed.), Child sexual abuse and the law (pp. 125-145), Washington, D.C.: American Bar Association. Myers, N. A., & Perlmutter, M. (1978). Memory in the years from two to five. In E Ornstein (Ed.), MemoJy development in children (pp.…

    • 8653 Words
    • 35 Pages
    Good Essays
  • Good Essays

    I am completely appalled by the fact that we are still giving so much credit to the accounts of eyewitnesses. As we have learned in our studies, our memories easily become contaminated by things like, post-event misinformation, retroactive interference, errors in source monitoring, not to mention things like the stress of the event, which can also influence our memories (Matlin, 2012). If fact the act of recalling an event is more like trying to put together a puzzle with missing pieces, than simple reviewing a video. And when we take into account that “eyewitness misidentification is the greatest contributing factor to wrongful convictions proven by DNA testing, playing a role in more than 70% of convictions overturned through DNA testing…

    • 252 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Memory and Eyewitness Testimony are two concepts which are studied within the topic of cognitive psychology. It is important to investigate these processes to aid in the understanding of how individuals cognitively process ideas and how this may affect specific behaviors. From a psychological perspective, memory can be defined as, “The capacity to retain and store information” (holah.co.uk, 2006). The further researches into the topic of memory allow it to greatly contribute toward societies' legal system, specifically in the sense of Eyewitness Testimony. Individuals may feel confident towards their memory abilities but according to many researchers, one's memory is not always reliable. (Bartlett, 1932) believed that memory is unreliable due…

    • 358 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In society it is substantially common for people to be exonerated for a crime they did not commit. Unfortunately it is even more common for that to happen when they are incarcerated due to inaccurate eyewitness testimonies. Eyewitness research has demonstrated that there are a multitude of ways to conduct identification processes, however, the processes that police often use today are more likely to encourage inaccurate identification. In addition there have been many case studies of exonerated people that show the downfalls of eyewitness testimony. Wrongful incarceration has consistently demonstrated that inaccurate identification carries a big weight when it comes to wrongful identification, in fact, in the article Contamination of Eyewitness Self-Reports and Mistaken-Identification Problem by Laura Smalarz and Gary L. Wells, they state that there is an average of thirty three percent of witnesses who make an identification from a lineup identify a known innocent filler. There is a lot of thought behind the processes of identification but there are so many variables that can taint a subject’s confidence.…

    • 1411 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Eyewitness Testimony Case

    • 1215 Words
    • 5 Pages

    The Globe and Mail reports on a case that occurred on Feb. 11, 2015 in which a 15-year-old boy, whose name is banned from publication because he is protected under the Youth Criminal Justice Act, was found guilty of criminal negligence causing death in a judge-only trial after he pushed a fellow schoolmate, 18-year-old Christopher Chafe down a snowy embankment, the victim ended up under the wheels of a moving bus. This incident killed the teen instantly in front of horrified on-looking classmates. Chafe was pronounced dead at the scene. The trial relied on eye witness testimony from the bus driver and child witnesses.…

    • 1215 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Eye Distinguishing Proof

    • 342 Words
    • 2 Pages

    In the course of recent years, social researchers have recognized a large portion of the particular reasons that eyewitnesses commit errors. For instance, thinks about have demonstrated that a witness subjective trust in the quality of his/her distinguishing proof has essentially no connection with the exactness of the recognizable proof. Unfortunately, the untrained public, ignorant that sociology and experimental confirmation undermine depend on such proof, routinely misconstrues what weight to give eyewitness testimony. The system of deciphering eyewitness testimony will never be flawless, but psychological research can improve on making it better.…

    • 342 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Overall eyewitness evidence strength was further examined across prosecution outcomes in the eyewitness identification alone cases” (Flowe, 2011). When it comes to being a creditable source of being an eye witness there are many things that, factor how using someone’s testimony as accountable source. When it comes to linking and eyewitness testimony and the accusing someone under false pretenses there has been amplitude of research that has being placed into forensic psychology to help see how useful resources are when it comes to taking an eyewitness word. “The connection between erroneous eyewitness identification evidence and wrongful convictions has been the motivating force behind much research in forensic psychology” (Wells, 2006). When…

    • 657 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Eyewitness testimony has been used frequently over time in various situations. It sometimes holds more merit then some facts or evidence. Yet it is also the reason why many innocent people go to jail and criminals still walk free. Eyewitness testimony has been used for over 100 years. It has played a major part in convicting criminals, from the common thief to the most dangerous murderer. However, with the time between incident and testimony or even report can vary drastically, the quality of eyewitness testimony wasn 't really recognized as an issue until the 1970 's. With plenty of unsolved crimes and not enough evidence eyewitness testimony was all that was needed. Now with psychologists holding scientific studies to see if it is reliable;…

    • 2876 Words
    • 12 Pages
    Powerful Essays
  • Powerful Essays

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

    • 2063 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    A key example of that is asking an interviewee “if they saw a broken headlight”, or “if they saw the smashed headlight”. (Eyewitness, n.d.). This theory was shown by Loftus and Palmer. Changing the single word of “a” to “the” changes the interviewees perception because it is a potentially true fact about a car collision thus prompting the interviewee to take it as real.Constructive memory was described as the notion that what people will remember from an event, will remember all kinds of things relating to that event. (Eyewitness Testimony, n.d.) This can be good for eye witness testimonies because bits and pieces of memories of an event can result into a wide range of forgotten or lost memories of an event, which is described as cognitive interview errors. It was found through psychologist research that there are two major points of error that inject fallibility into eye witness testimonies. The first one is that is that often times, interviewers are too sure of the witness’s ability to remember events accurately. This…

    • 627 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Wrongful Convictions

    • 939 Words
    • 4 Pages

    Eyewitness Misidentification alone is the greatest cause of wrongful convictions nationwide, playing a role in 72% of convictions. It’s unbelievable because research shows that memory is malleable and that an eye witness who is uncertain, can become much more certain over time. I also learned that when an eyewitness identifies a suspect it’s possible the police unconsciously provides information to them. Officers also try and use one suspect in multiple procedures with the eyewitness and that will increase the witness’s confidence to…

    • 939 Words
    • 4 Pages
    Good Essays
  • Better Essays

    According to the Innocence Project even after thirty years of social science eyewitness identification is often reliable. Research shows that the human mind is not at all like a tape recorder. People neither record events exactly as they see them, nor recall them like a tape that has been rewound. Witness memory is comparable to other evidence in case in that it must be preserved carefully and retrieved very meticulously or else it can become…

    • 1298 Words
    • 6 Pages
    Better Essays