Eye witness testimonies are the evidence given in court or in police investigation by someone who has witnessed a crime or an accident. Eye witness testimonies are affected by a number of factors, but the one that I am going to focus on is anxiety. Laboratory studies and some ‘real life’ studies have generally shown impaired recall in people who have witnessed particularly distressing or anxiety induced situations.…
According to Smalarz and Wells (2014), the leading cause of wrongful convictions is eyewitness misidentification. Smalarz and Wells described a unique case where a rape victim, JT, had the opportunity to correctly identify her attacker. JT’s lawyer had received reports of her attacker bragging about getting away with the rape while he was in prison for another crime. The victim, JT, incorrectly identified the attacker, she actually choose the same person she choose in her first line up after the assault. The information JT’s lawyer presented her had essential information on the case and to convict the culprit but, the timing of the information was received too late.…
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.…
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.…
Faulty memory has a lot of negative effects, but most importantly it has led to at least a hundred people being wrongly imprisoned. For example, Larry Mayes was convicted of raping a gas station cashier after the victim positively identified him in court. Mayes spent twenty one years in prison after attorney Thomas Vanes wrongfully prosecuted him of the crime. It was only two decades after prosecuting Mayes that Vanes saw the result of old evidence being subjected to new DNA testing, and he changed his mind. In a newspaper, Vanes wrote, “he was right, I was wrong” (Loftus). Faulty memory can change a person’s life forever and it is just one of the reasons why the study of memory is so important (Loftus).…
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…
Needless to say, the effects memory limitations of an eye witness could have on an innocent person range from the destruction of their reputation to the loss of their freedom. The relationship between a person and their loved ones may end up damaged or completely severed, their standing in the community destroyed, or time behind bars while the person truly responsible continues to live their daily…
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…
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…
As the Greek philosopher, Aristotle, once said in the Poetics, a tragic hero should be “between these two extremes—that of a man who is not eminently good and just, yet whose misfortune is brought about not by vice or depravity, but by some error or frailty.” The ultimate purpose of a tragic hero is to construct catharsis. Doing this by making the audience commiserate with the protagonist producing emotions by having a rise and a plummeting downfall in the character’s life. Some would quarrel that Antigone is certainly the tragic hero because her fate is undoubtedly tragic; but however, she doesn’t experience an uplifting or rise, nor is she noble, it was clear from the beginning that she was indeed commencing towards her death. As for Creon,…
Elizabeth Loftus knows the value of memory, as she serves as an expert witness on memory. In Evidence-based justice: Corrupted memory, Moheb speaks about Elizabeth Loftus as an expert witness, and details factors that effects a person’s memory (Moheb, 2013, p.268). Loftus states that memory is easily influenced (Moheb, 2013, p.269). According to Loftus, it is more difficult to identify someone who is a different race than the one they are (Moheb, 2013, p.269). She played as an expert witness in a case where a man was trying to rape a woman (Moheb, 2013, p.269). The rapist fled away, and the victim described the man to the police. She identified a man whose car had broken down on the street, as the criminal (Moheb, 2013, p.269). He fit some of the descriptions of the man that the victim was describing. Because Loftus was able to serve as an expert witness, and explained that the woman was in a stressful situation, an innocent person was able to walk freely (Moheb, 2013, p.269). As an expert witness she points out that or memories are not “recordings of actual events.” Loftus is trying to have a policy passed, that jurors are to be informed of the faultiness of eyewitness testimonies (Moheb, 2013,…
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.…
“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…
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…
Historically, eyewitnesses have played a crucial role in arrests and convictions in New York, and elsewhere. Law enforcement, judges and juries have relied heavily on the statements and identifications of witnesses because they were actually present for, or otherwise a part of, a criminal offense. Recent studies have shown, however, that eyewitness testimony may not be as reliable as it was long thought to be.…