Preview

Safeguards Against Wrongful Conviction

Good Essays
Open Document
Open Document
1164 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Safeguards Against Wrongful Conviction
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 …show more content…
Eyewitness psychologist have conducted controlled laboratory experiments that occur in phases. In the first phase, the encoding phase, “participants view a staged event, a video of a stimulated crime, or a photo of a target” (Smith & Dufraimont, 2014, p. 200). This phase examines how the participants process details of a memory. Phase two, the recognition phase, requires participants to identify a target using target-present or target-absent identification procedures (Smith & Dufraimont, 2014). During a target-present procedure, a participant can make one out of two decisions. The participant can make a decision to identify the target (a “hit), or make a decision to reject the target (“a miss”). Similarly, a participant can make one out of two decisions for a target-absent procedure as well. The participant can make a decision to reject the suspect (“correct rejection”), or make a decision to identify the suspect (“false alarm”). The last phase consists of making sure that the participant is confident in his or her decisions (Smith & Dufraimont, 2014). Researchers than analyze the participants’ performance by “examining the proportion of [hit and false alarm decisions made] in target-present and target-absent conditions separately” (Smith & Dufraimont, 2014, p. 202). In order for this identification procedure to be used in criminal investigations, it should produce more hits than false alarms. However, because this procedure does not produce the idea ratio researchers turn to using more diagnostic measures and procedures (Smith & Dufraimont,

You May Also Find These Documents Helpful

  • Good Essays

    WRONGFUL CONVICTIONS

    • 811 Words
    • 3 Pages

    James Patrick Driskell was convicted of the murder of Perry Dean Harder. Harder, age 29, was last seen outside his house in a pickup truck. His decomposed body was found three months later in a shallow grave just outside Winnipeg on Sept. 30, 1990. He had been shot three times in the chest. Driskell and Harder were jointly charged in a series of break-and-enters. Driskell said he had nothing to do with the criminal activity. But according to police Harder named him as an accomplice. Five days before the preliminary hearing into those charges, Harder disappeared. The Crown's theory was that Driskell had committed the murder in order to prevent Harder from testifying against him.…

    • 811 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Anxiety Ewt 12mark

    • 520 Words
    • 2 Pages

    Peters study does not involve a crime or crime scene this means that it cannot be linked the effects of eye witness testimony and cannot be generalised. The investigation also lack population validity as all of the participants…

    • 520 Words
    • 2 Pages
    Satisfactory 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
  • Better Essays

    Since 1992, almost three hundred people in the United States have been exonerated by the Innocence Project. What this means is that almost three hundred people have been acquitted for a crime that they were falsely convicted of committing and were then released back into society. Many of these false convictions were the result of a lack of technology back in the time of the trials which lead to unvalidated or improper use of forensic science. Some additional reasons that people are wrongfully convicted are misidentifications from eyewitnesses and false confessions. In this paper, I plan to write about Kenneth Ireland. His story shows how wrongful convictions and exonerations are issues in the United States.…

    • 1763 Words
    • 8 Pages
    Better Essays
  • Powerful Essays

    In this court case, the eyewitness identification of the truck was vital to the initial traffic stop of the vehicle. The 911 caller’s identification of the vehicle played a key role in the court as it served as evidence against the petitioners, so if the caller’s description of the vehicle was not accurate, the right truck would not have been found or the case could be dropped. In a study performed by Neil Brewer and Gary L. Wells, they identified several variables that impact the witness’s accuracy and instill a bias against the suspect. Some of these variables include cross-racial identification and poor lighting (Brewer & Wells, 2011). The cross-racial bias is when someone of one race is able to more easily identify another member of their own race, and their ability to identify someone of another race is impaired (Rutledge, 2016). In an effort to decrease the prevalence of the cross-racial bias, psychologists have recommended the use of double-blind lineups to hopefully discourage the administrator of the lineup from involuntarily indicating the witness to the suspect. Some prime routes to consider when trying to advance in the accuracy of eyewitness identification are decreasing the certainty of variables to explain the identification performance, and the inadequacy of scrutinizing interactions…

    • 1638 Words
    • 7 Pages
    Powerful 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

    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

    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
  • Better Essays

    Results from the researchers questionnaire sent to exonerated individuals, Innocence Project attorneys, and incarcerated inmates claiming innocence will be analyzed thoroughly based off the information of the individual’s charges, sentence served, reasons they were wrongfully convicted, key evidence that reversed the initial charges, and reasons that made it difficult for inmates to have access to post-conviction procedures. Feedback from the Innocence Project attorneys and incarcerated but claiming innocent inmates will also be analyzed. These results will be compared and put together for an explanation regarding the reasons that lead to wrongful convictions. Results leading to inaccurate eyewitness identification as the top reason that leads toward wrongful conviction and poor development of eyewitness identification procedures would confirm the hypothesis. However, if results showed otherwise, with inaccurate eyewitness identification as not the most common element and statistics show eyewitness identification procedures are frequently developed and improved, this type of result will disconfirm the researchers…

    • 2617 Words
    • 11 Pages
    Better 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
  • Better Essays

    Firstly, the difficulty of proving someone is either guilty or innocent may cause one to be wrongfully convicted. One can be mistaken for another based on evidence that is invalid or irrelevant to the case. “A look-alike innocent person can be mistaken for the person who committed the crime”…

    • 1864 Words
    • 8 Pages
    Better Essays
  • Good Essays

    The Innocence Project is a non-profit legal organization that exonerates innocent individuals through the use of DNA testing. Moreover, they work to reform the criminal justice system in order to prevent further injustices that will occur. The United States criminal justice system is centuries years old and does not live up to the same standards as it once did. The American people are not equal. Minorities and the lower classes are not treated equally in our justice system. There have been far too many advancements in our world today to still be wrongly accused for crimes and paying the ultimate price for them.The system is starving for reform to ensure that every single American citizen is equal and treated accordingly to his or her inalienable…

    • 1488 Words
    • 6 Pages
    Good Essays
  • Better Essays

    In one case example involving eyewitness misidentification, a man named Walter served over twenty five years for a rape and robbery he did not commit. The prosecution's case against him stemmed from a seriously flawed eyewitness identification procedure that led to misidentification. A pregnant woman was…

    • 1563 Words
    • 7 Pages
    Better Essays
  • Good Essays

    There are several reasons for wrongful convictions. Half of the wrongful convictions can be blamed on police misconduct and other wrongful convictions included false statements and mistaken identity. Wrongful convictions could and should be prevented. One of the most common forms of police misconduct is use of force. We can reduce and eliminate wrongful convictions by punishing police and witnesses who conduct illegal activity and lie on the stand under oath.…

    • 1347 Words
    • 6 Pages
    Good Essays