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Eyewitness Testimony

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Eyewitness Testimony
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.

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.
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Any number of factors may contribute to the accuracy of eyewitness testimony. This is because human minds do not function like video recorders, and, therefore, does not replay events just as they happened. Rather, there is subjectivity in how people remember things and people they saw. In general, the factors that may impact this subjectivity can be split into two categories – estimator variables or system variables.

Estimator
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High stress situations, such as an assault or robbery, may also impact witness reliability. This is particularly true in cases that involve weapons because witnesses often put the majority of their focus on the weapon, rather than the person holding it.

System variables

System variables, on the other hand are factors that the criminal justice system can control. Typically, they involve the methods that law enforcement officers use to obtain information from their witnesses’ memories. In their rush to solve crimes and get convictions, authorities may fail to emphasize steps that could reduce eyewitness errors.

Among the main system variables that affect eyewitness accuracy are lineups, photo arrays and other identification procedures. For example, the law enforcement agent conducting a line up knows which person is the suspect. He or she may unintentionally suggest to a witness who to choose. Furthermore, witnesses may feel obligated to choose someone if authorities to not make it clear that the suspect may not be in the lineup. Additionally, using pictures with different lighting or photos of different sizes may make one person stand out over the others to a

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