Preview

How Do Bystanders Use Eyewitnesses To Proven Guilty?

Good Essays
Open Document
Open Document
616 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
How Do Bystanders Use Eyewitnesses To Proven Guilty?
In our judicial system, a person should be “innocent until proven guilty” and will usually only be acquitted or prosecuted when it is proven beyond reasonable doubt, that he or she is innocent or guilty. Lawyers, on either side, will need to build a case for or against their client and will use testimony from eyewitnesses to do so.
The merits of using eyewitnesses firsthand accounts are manifold. Firstly, we can figure out the actual sequence of events. By interviewing different people that were eyewitnesses of an occurrence, we can determine how the event actually happened and put together a timeline and even possibly, a motive. In addition, by interviewing bystanders immediately following an event, the details are more memorable in their minds and more reliable to be true. Thirdly, as the saying goes “seeing is believing”. If one actually saw the occurrence then this is true, live evidence that the event really happened and who is responsible for doing it (Apecsecadmin, 2014).
…show more content…
As time passes, people tend to forget details and certain events. Even those events that were originally crystal clear, will naturally fade with time. Also, a person’s bias – how he or she views what happened based on past experiences and upbringing, will affect how the person will relay what occurred. Even if the person is only stating facts, the bias will be present in the testimony. Finally, when a traumatic event occurs, a person’s senses are heightened, their adrenaline starts pumping and hence, the brain then naturally, does not commit everything to memory – because it is concentrating on the traumatic event and the testimony will be lacking. (Apecsecadmin, 2014). Anxiety and stress after an incident can also lead to focusing on certain details and forgetting others. We sometimes fill in missing details based on what we think makes sense and not necessarily by what actually happened (McLeod,

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Speech: Not Guilty Jury

    • 124 Words
    • 1 Page

    The prosecutor has explained that my client was “identified” as the attacker,only because the attacker and my client was seen wearing similar and very popular coats, but in fact this supposed eye-witness is a man that has held a grudge against my client and he has made many inconsistent statements about the case.…

    • 124 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    In “The Argument for the Reality of Delayed Recall of Trauma” Richard Kluft suggests that repressed memory’s are held accountable. He provides sufficient evidence that this is in fact an arguable account.…

    • 464 Words
    • 2 Pages
    Good 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

    Our memories are also constructive and easily influenced by all sorts of factors: stress, expectation, belief, and the introduction of new information. Added to all this is the selectivity of memory. We selectively remember certain things and ignore others, setting up a recall bias. No wonder the recall of eyewitness is often unreliable.…

    • 914 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Eye Distinguishing Proof

    • 342 Words
    • 2 Pages

    Distinguishing proof by eyewitnesses is not generally reliable confirmation. The human mind is basically not built so as to capacity as a moment replay camera and recorder. Diagnostic thought of the mental measurements of eyewitnesses distinguishing proof has uncovered that the risks from frail physical observation and memory and from suggestive impacts are, much of the time, overpowering. The ideas and unsteadiness of such distinguishing proof are surely understood; the records of criminal law are overflowing with cases of mixed up eyewitness’s testimony recognizable proof.…

    • 342 Words
    • 2 Pages
    Good 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

    The forensic technique eyewitnesses is a term meaning a person who has witnesses an event that is important to a criminal investigation or criminal justice trial. The eyewitness will at first tell a police officer what he or she have witnessed, but after telling the police officer the eyewitness may be required to do other things to help the investigation or trial as well. Nowadays the most normal thing a eyewitness will do is to point a person out in a line-up, but a eyewitness can also be required to witness at court and tell their story about what he or she witnessed. (http://www.simplypsychology.org/eyewitness-testimony.html). Eyewitnesses has always been used to help investigations and in the criminal justice system.…

    • 597 Words
    • 3 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

    Crime seems to be on a rise, from low poverty areas to the white collar vicinities. Today’s technology however, is assisting with the apprehension of criminals through the means of cameras, computers, fingerprinting and others. However, something that technology cannot help with is to identify the exact actions of individuals, nor can you duplicate what is seen by others. Eyewitnesses are so important when it comes to the criminal process. It’s vital for individuals to give accurate account of crimes witnessed. It is just as important for those that are gathering the information, or witness statements, to assess each eyewitness correctly, for that statement can put an innocent man in jail and a criminal back in the streets.…

    • 361 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Eyewitness testimony accounted for a majority of the convicted while others contained forensic evidence such as fingerprints, blood evidence, and hair comparison. A small percentage accounted for informant testimony which were found to be inaccurate. When pertaining to the court of appeals results showed that defective evidenced was not reviewed effectively. Consequently the convictions that were reversed only accounted for 14% with almost half consisting of actual inaccuracy. When reviewing the case at the appellate level justifying guilt or innocence is at the highest regard. Unfortunately this can often be difficult when having to make such a ruling while also deciding if an error exists. Defendants that pursued the appellate process were seldom successful challenging innocent claims. Due to the expense and difficulty of challenging the evidence. Convictions that did go to appeal for eyewitness identification were not reversed. Cases pertaining to federal claims did not proceed to appeal, even if they were innocent. Also defendants that gave false confessions only half actually raised a challenged, but none acknowledged a…

    • 502 Words
    • 3 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

    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
  • 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