Preview

Should Eye Witness Testimony Be Banned from Court?

Good Essays
Open Document
Open Document
915 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Should Eye Witness Testimony Be Banned from Court?
Should eyewitness testimony be used as evidence in a court of law? Discuss using research and/ or psychological theory to support your views.
By: Megan Hong
Word Count = 799 (Not including headings and bibliography)
Eyewitness testimony is the account a bystander gives in the courtroom, describing what they perceived happened during the specific incident under investigation. Ideally this recollection of events is detailed; however this is not always the case. This recollection is used as evidence to show what happened from a witness ' point of view. Memory recall has been considered a credible source in the past, but has recently come under attack as forensics can now support psychologists in their claim that memories and individual perceptions are unreliable; being easily manipulated, altered, and biased.

Innocent people are mistaken far more often that people think. Every year, more than 75,000 eyewitnesses identify criminal suspects in the U.S., and studies suggest that as many as a third of them are wrong. Why are so many eyewitnesses mistaken? This is solely because human memory is fragile and malleable. More than 2,000 studies on eyewitnesses in recent decades have determined that recollections are prone to decay, distortion, and suggestion. Victims may simply misremember or misreport what they have seen. Witnesses are particularly inaccurate, studies show, when asked to remember the facial features of someone of a different race. A prime example was the fault involving Jennifer Thompson in 1984 (22-year-old college student) when she was raped and Ronald Cotton (an innocent 22-year-old man who looked similar to the real rapist, Bobby Poole). Her misconduct and accusation led to Cotton watching in silent terror as he was labelled a rapist. When she picked Ronald Cotton out of both a photo and physical line up, she was dead sure she’d found her attacker and even when she had the option of choosing her real attacker (Bobby Poole) with Cotton, she



Bibliography: Book(s): Ricciuti, E 2007, Forensics, HaperCollins, United States of America. Website(s): The Advantages of an Eyewitness Report, 2013, eHow, accessed 29 April 2013, <http://www.ehow.com/info_12004584_advantages-eyewitness-report.html>. Eyewitness testimony, 2013, Wikipedia, accessed 29 April 2013, <http://en.wikipedia.org/wiki/Eyewitness_testimony>. Eyewitness Testimony and Memory, 2013, About.com, accessed 29 April 2013, <http://atheism.about.com/od/parapsychology/a/eyewitness.htm>.

You May Also Find These Documents Helpful

  • Powerful Essays

    Possibly the single most greatest cause of wrongful convictions worldwide is eyewitness misidentifications. Although eyewitness testimony can be very convincing and persuasive before a judge and jury, not too many people have a photographic memory. Only 3% of people worldwide have a photographic memory. An eyewitnesses memory is not as accurate as watching a surveillance tape of the crime. Instead, eyewitness identification must be preserved carefully, just like any other evidence collected in the case. All the more reason that a witnesses statement should be taken immediately and then be asked the same questions at a later time to ensure the stories match up. If there is any major variation in a witness statement, they should not be allowed to testify during a trial. This may lead to unreliable information and wrongfully portray how the crime had taken place and who was involved. A 1982 case involving a man, Calvin Willis, was convicted by a jury and sentenced to life in prison with no parole for aggravated rape of a 10 year old girl. Blood and seminal stains were collected from the clothing and bedding and Willis was identified as a contributor…

    • 1482 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    Picking Cotton

    • 1915 Words
    • 8 Pages

    Jackiw, L. B., Arbuthnott, K. D., Pfeifer, J. E., Marcon, J. L., & Meissner, C. A.(2008).…

    • 1915 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Psy 270 Week 1 Reflection

    • 448 Words
    • 2 Pages

    The reason for this because the eye witness may not have experienced enough time with the ethnic group of the person and thus wrongfully accuse someone who looks similar to the person who was actually responsible instead of looking for distinguishing features such as a scar or tattoo that could do a better job of helping identifying the right individual.…

    • 448 Words
    • 2 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
  • Satisfactory Essays

    The reliability of eyewitness identification has attracted concern from legal professions in England for a number of years, particularly following the acknowledgment of the erroneous identifications responsible for convicting Adolf Beck in 1904. The case was followed by the Establishment of the Court of Appeal in England and Wales (Bromby, MacMillan & McKellar, 2007). Mistaken eyewitness identification testimony was central to the convictions of innocents who were later exonerated by forensic DNA testing (Gary L. Wells). Although through studies information has been acquired about how to decrease the likelihood of mistaken identifications, many courts around the world still conduct identification using approaches largely unsupported by scientific…

    • 107 Words
    • 1 Page
    Satisfactory 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
  • Good Essays

    Eyewitness testimony or the testimonies given by eyewitnesses are often times used as evidence in court. A person who has seen a crime occur, mentions their account of what happened during the time a crime was committed. Typically, when people think of eyewitnesses, they think of adults as playing that role, but children also play an important part and serve as eyewitnesses as well. The testimonies given by the adult eyewitnesses and children eyewitnesses for many reasons, are problematic at times.…

    • 1862 Words
    • 8 Pages
    Good Essays
  • Better Essays

    Results from the researchers questionnaire sent to exonerated individuals, Innocence Project attorneys, and incarcerated inmates claiming innocence will be analyzed thoroughly based off the information of the individual’s charges, sentence served, reasons they were wrongfully convicted, key evidence that reversed the initial charges, and reasons that made it difficult for inmates to have access to post-conviction procedures. Feedback from the Innocence Project attorneys and incarcerated but claiming innocent inmates will also be analyzed. These results will be compared and put together for an explanation regarding the reasons that lead to wrongful convictions. Results leading to inaccurate eyewitness identification as the top reason that leads toward wrongful conviction and poor development of eyewitness identification procedures would confirm the hypothesis. However, if results showed otherwise, with inaccurate eyewitness identification as not the most common element and statistics show eyewitness identification procedures are frequently developed and improved, this type of result will disconfirm the researchers…

    • 2617 Words
    • 11 Pages
    Better Essays
  • Good Essays

    “In 1984 Kirk Bloodsworth was convicted of the rape and murder of a nine-year-old girl and sentenced to the gas chamberan outcome that rested largely on the testimony of five eyewitnesses. After Bloodsworth served nine years in prison, DNA testing proved him to be innocent. Such devastating mistakes by eyewitnesses are not rare, according to a report by the Innocence Project, an organization affiliated with the Benjamin N. Cardozo School of Law at Yeshiva University that uses DNA testing to exonerate those wrongfully convicted of crimes” (Arkowitz & Lilienfeld, 2010). This is one case of how eyewitnesses can go wrong this was the story of how a man who was wrongly convicted because of someone who was an eyewitness. This story is one of many people who have been prosecuted under false accusations. There are a few things that can contribute to falsely convicting an individual like the witness being under a lot of pressure and stress when trying to properly identify someone. They witness could also be effected if there was any type of trauma or the perpetrator could be wearing a disguise, with a mask fake hair of sunglass that takes way from making identification. Also race can play a major role in what the witness…

    • 657 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    These wrongful convictions played a major role in more than 75% of wrongful convictions overturned by DNA testing (The Innocence Project, 2010). Although eyewitness testimony can be critical evidence before a judge or jury; 30 years of strong social science research has proven that eyewitness identification is often unreliable. The research which was conducted by the Innocence Project revealed that the human mind is not like a tape recorder or video camera; we neither record events exactly as we see them, nor recall the instance exactly how it occurred. Nevertheless, witness memory is like any other evidence at a crime scene, it must be documented carefully and retrieved methodically and quickly, or it can be contaminated (The Innocence project 2010). We as people can carry fibers, through our clothing, skin and hair that can cause the contamination of a crime scene just by not following proper procedure. Furthermore, in these types of cases, DNA has proven what scientists already know, that eyewitness identification is frequently…

    • 2876 Words
    • 12 Pages
    Powerful Essays
  • Good Essays

    Eyewitness Testimony

    • 577 Words
    • 3 Pages

    In fact, eyewitnesses commonly misidentify people and misremember events. As a result, many have been falsely convicted of serious crimes, including robbery, assault and murder. The Innocence Project reports that 70 percent of convictions, which were eventually overturned based on DNA testing, involved eyewitness misidentifications.…

    • 577 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In the article, “Safeguards Against Wrongful Conviction in Eyewitness Identification Cases: Insights from Empirical Research,” Andrew Smith and Lisa Dufraimont (2014) address how eyewitness identifications are vital factors in convicting suspects. However, some of those identifications are inaccurate or mistaken, and innocent people can be wrongly convicted. In fact, mistaken eyewitness identification is the main factor in wrongful convictions of the innocent (Smith and Dufraimont, 2014). Furthermore, eyewitness identifications are not the only factors to consider. Law enforcement personnel and lawyers can also “contribute to wrongful convictions” (Smith & Dufraimont, 2014 p. 200). As a result, precautions were established to prevent such…

    • 1164 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Eyewitness Identification

    • 481 Words
    • 2 Pages

    "Mistakes eyewitness identification has gone for 30 years now Identifying the innocent man up to life in prison, while the real perpetrator gets away like in U.S. Supreme Court decisions in Neil v. Bigger and Manson v. Brathwaite" (Criminal Evidence Thomas J. Gardner pg. 319)…

    • 481 Words
    • 2 Pages
    Satisfactory 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