Top-Rated Free Essay
Preview

Looking at Eyewitness Testimony

Good Essays
436 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Looking at Eyewitness Testimony
Assignment #2
Article #17
Looking Askance at Eyewitness Testimony

The use of eyewitnesses has been a constant in of criminal justice system since its very beginning. Unfortunately, people do not make the best witnesses to a crime. The person may not have seen the actual criminal, but someone that looks similar to them. The witness may lie about what he or she may have scene. Also the witness can be influenced by the police as to who or what they saw at the time of the crime. The witness or victims memory of the person may have faded so that they don't remember exactly what had seen, which could be disastrous for the accused. With all these possible flaws in the testimony of witnesses and victims why do they continue to use them as primary evidence in criminal cases? The answer is simple; until recently there was no other way to prove whether or not a person was actually at the scene of a crime unless someone saw them or they left some finger prints behind that the police were able to link back to someone, which may have not been left on the victim but in the general vicinity. Until recently, with the recent breakthrough in DNA testing which allows police and investigators to gain an exact match as to who committed the crime. I personally feel that this is a much more reliable and accurate than relying on the testimony of witnesses. I believe through the use of science we as a society can now make sure that the guilty are caught and punished while the innocent are protected from wrongful prosecution. However the eyewitness should not be completely left out of the case against the possible offender. After it is determined through scientific evidence, in this case DNA, that the physically involved in the crime then witnesses can be brought in to give testimony that the offender was present at the crime scene or the victim can be sure that the accused was truly the one involved in the actual crime. Also the procedures for recording eyewitnesses testimony have to be revised. This can be done by increasing the speed at which the statements are taken by the police as to prevent there fading from the memories of the witness. Also police do have to watch that they don't influence the witness by making comments to them to favor one suspect over another. Overall I believe that a combination of witnesses and science must be used to fully determine a persons guilt or innocence in the eyes of the law.

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

    Jurors should also know that if you have select evidence that guarantees the person, there should be no need to waste resources trying to find evidence that is not really needed. These shows are for entertainment purposes and dramatized to an extreme extent. It is also on a “fastfoward” to fit within the time frame of the show. In the show, it may take a few seconds or a maximum of a minute to get a result back on forensics where in real life it takes much longer. Not all fingerprints are in the database, therefore even if you found this so called scientific evidence, there was no saying if you would actually find a match.…

    • 895 Words
    • 4 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
  • Satisfactory Essays

    Given the information that we now know about eyewitness testimony verses DNA science on page 440, this makes you stop and wonder about how many people have been wrongly imprisoned or put to death before DNA testing came along. From reading the article o page 440, it looks like the psychologists are using research to identify by showing individual pictures opposed to a police lineup; a person is most likely to choose an individual that may look close to the person that committed the crime. I think that science is probably the best case to protect individuals on trial and protect society if they are guilty. This requires law enforcement to be given the proper training to secure a crime scene so if any DNA is left behind the scene does not get…

    • 303 Words
    • 2 Pages
    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

    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

    Dror was not trying to challenge fingerprint analysis as a science or its reliability but instead its ability to be influenced by the many elements that can affect those who examine the data. The possibility of falling vulnerable to psychological and cognitive bias exists when evaluating fingerprint data. External influences can cause an expert to make an unintentionally biased decision. Similarly, context, motivation, and emotions can distort perception and judgments causing experts to make mistakes in their evaluations (Ladwig, 2017). People can be corned into a frame of mind that can affect how they view and interpret information. Of course, this occurs on a subconscious level but is significant in evaluating the issues in fingerprint analysis. Therefore, it is important to apply and learn the cognitive and psychological influences in the processing of fingerprint analysis. There are many errors that experts can make in fingerprint analysis whether intentionally or unintentionally. These errors may stem from negligence, incompetence, cognitive and psychological phenomena and even a lack of accountability on the criminal justice system. Even though these vulnerabilities exist, fingerprint analysis is more reliable than eyewitness testimony. In forensic science, much of the data evaluated can be susceptible to human bias and nothing is ever 100% accurate. However, eyewitness misidentification contributes to 75% of wrongful convictions (Schwartz, 2017). It is not always possible for an eyewitness to accurately recollect events from a past crime and provide testimony that is completely reliable. There is an extraneous number of factors that can affect eyewitness memory. Many of these factors are both within and not within the control of the criminal justice system but highly affect a witness’s testimony. To conclude, both fingerprint analysis and eyewitness memory can be reliable sources but are never 100% dependable. This can be seen by all the…

    • 791 Words
    • 4 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

    The innocence project and forensic science are two forms that can help determine who the actual preparatory was and can help people who have been wrongly convicted in a crime he/she did not commit. In many cases the forensic such as DNA, blood sample, or semen and other evidence that have been lost or even wrongly tested can end up becoming a big mistake that can send someone to jail that did not commit the crime. In the article, Forensic Problems and Wrongfully Convictions (2009) states that, the most wrongful convictions involve more than one contributing cases, for example, if an eyewitness may have wrongly identified an innocent person, and in the same case a forensic analyst may have testified that hairs from the crime scene match the defendant’s hair. In the jury’s eyes, the eyewitness testimony is strengthened by the forensic evidence (Forensic Problems and Wrongfully Convictions, 2009). Not always the eye witnesses are right with what they say so having the right forensic evidence can help with determine who is actually the perpetrator. Such as this case were the eyewitness was not so good and also a lot of the evidence was miss communicated.…

    • 1479 Words
    • 6 Pages
    Better 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
  • Satisfactory Essays

    Eyewitness Identification

    • 481 Words
    • 2 Pages

    Ever sense the 1960 they have problem's with used eye witness identification in the police department and it was strong testimony's of defant. However, justice department has developed scientific procedure now that it will speak truth to the investigation and the court. Scientific proof like DNA of sex and murder of the perpetrate which is more accurate in selecting the perpetrator.…

    • 481 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Evidence builds the basis of any criminal trial. The judge regulates the evidence that is introduced into court. Evidence can be deemed inadmissible if it was illegally obtained under the Evidence Act 1995 (NSW), for example, police forcefully acquired the confession out of the suspect. Most evidence is in the form of oral statements – witnesses that are competent, compellable and non-privileged are called to testify. There are many issues regarding the reliability of evidence. Most trials take place a few months after the crime and witnesses are asked to recall information after this substantial amount of time. The witnesses may not remember all the information correctly or forgetting details as to what had occurred.…

    • 1336 Words
    • 6 Pages
    Better Essays