Preview

Essay On Eyewitness Testimony

Good Essays
Open Document
Open Document
640 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Essay On Eyewitness Testimony
The eyewitness testimony is a crucial part of any case presented before a judge and a jury. It affects the decisions immensely and can mean the difference between conviction and a free walk for a criminal. The validity of the testimony is crucial to convicting the right person, though even when the person is under oath, mistakes can be made. Eyewitness testimony is a complicated business, though many believe it hurts more than it helps in many cases due to distractions and third parties. An eyewitness testimony is defined as an account given by people who have seen an event take place. It is often used in court cases for the jury to better understand the facts from the eyes of a person who saw the actually event happen. Per law, eyewitness are prohibited to lie while under oath. “Perjury is defined as knowingly making a false statement—merely misremembering is not a crime” (Engelhardt). Witness’s can be caused to “misremember” a crime …show more content…
Almost none of the people who view a crime saw it with no distractions. A car crash, for example, could be scene while the witness was on the phone or in a hurry to get somewhere. This would cause the witness to change their own perception of the scene. “Furthermore, witnesses can distort their own memories without the help of examiners, police officers or lawyers” (Engelhardt). This can be the cause of many problems because it would be almost impossible to know whether or not the witness had changed their own memory without knowing. In the moment of the crime, memories can also be combined due to feelings during the scene or personal recollection. “We also are susceptible to combining various bits of information with our memories and calling them our own” (Pappas). This can cause many problems for lawyers and juries because their would be almost no way to prove that this testimony was wrong unless there were other eyewitness

You May Also Find These Documents Helpful

  • 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

    Many of which can affect the outcome of an identification. Just by simply changing a few ways they handle a witness they can avoid a misidentification. When conducting a lineup, the witness should be told that regardless of the outcome the lineup the investigation into the crime will continue on. After they completed the lineup the witness should complete a statement of confidence, stating how confident they are about the person they identified (Innocence Project, 2015). This way police can judge how the witness feels about the lineup. A police officer should have a good understanding of how a witness feels. According to Wells et al. (1998) researchers have realized that there is an importance in the confidence of the eyewitness. Even the Supreme Court has had eyewitnesses rate their certainty which has been taken into account of the eyewitness accuracy (p. 14). It can be intimidating going up in front of a courtroom. The confidence of a witness plays a huge part in court. Even if the suspect is the wrong one the jury is more likely to believe a confident witness over one who is…

    • 666 Words
    • 3 Pages
    Good Essays
  • 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
  • Good Essays

    12 men in the jury

    • 466 Words
    • 2 Pages

    I would have to say that it depends on the eye witness. A human being has been proven to sometimes see things that are not actually there and believe things that never happened. The emotions that we have make us susceptible to having our perceptions skewed and out senses tricked. There's also the issue of someone lying for personal gain. That being said, I wouldn't say that eye witness testimony isn't reliable, but it can't be seen as infallible and should be able to hold up to a certain amount of scrutiny.…

    • 466 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

    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

    Eyewitness testimony is important because sometimes there is not always physical evidence that is available to use, but there may be a person who witnessed what was going on in that situation. Because they may be considered evidence, they are important…

    • 1862 Words
    • 8 Pages
    Good Essays
  • Powerful Essays

    If the police officer knows who the suspect is in a photo or lineup it might influences the witness to pick that person (eyewitness identification, 6-12 paragraphs, n.d.)…

    • 826 Words
    • 4 Pages
    Powerful 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

    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
  • Good Essays

    But, can have steady impacts on someone who did not commit a crime being accused. For instance, within our adversarial process, the role of bias plays a big part in how the case is run. Whether it be deeply ingrained biases growing up, or just a prejudice that came about from growing up it has immense repercussions on wrongful convictions. Next, is a huge factor that affects many wrongful convictions cases. That would be eyewitness identification. Eyewitness identification has some good factors but also many bad factors. For instance, we looked into many studies on how sequential lineups can reduce false identifications of innocent suspects by reducing eyewitnesses’ reliance on relative judgment processes (Lindsay & Wells, 1985, p. 556). But also how people struggle to recall a certain person they have maybe seen in another situation. Another topic that’s become a growing topic is forensic evidence misconduct/errors. Many aspects can go into the makings of forensic evidence misconduct/errors. Many researchers like to study the quality control and training. The growing concern is whether bias and beliefs can greatly affect the outcome of an expert interpreting information like finger…

    • 1681 Words
    • 7 Pages
    Good Essays