Preview

Accuracy of an Eyewitness Testimony

Better Essays
Open Document
Open Document
2089 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Accuracy of an Eyewitness Testimony
The Accuracy of an Eyewitness Testimony
Student: Amy Mason
Number: 2842657
Tutor: Serena Nicholls
Tutorial Time: Thursday 10am - 10:50am
Due date: Friday 21st September 21, 2012
Word count: 1858

Psychological research shows that eyewitness testimony is not always accurate, therefore it should not be used in the criminal justice system. Discuss.

The reliability if an eyewitness testimony is questionable. The witness may be so certain that the person that thy are pointing out is one hundred per cent the suspect or they could be so certain when it comes to retelling the incident, although these people are so sure on what it is they are doing, their testimony cannot always accurate. Due to the lack of accuracy with eyewitness testimonies, they should not be used as the most reliable piece of evidence.

The criminal justice system relies heavily on eyewitness identification for investigating and prosecuting crimes (Wells & Olson, 2003) because a testimony from an eyewitness is so strong within a case, you would expect the accuracy and reliability of that testimony to be very high. When we look at criminal statistics, we know that most victims know who the offender is, therefore the risk of an innocent misidentification is minimal (Howitt, 2012) It is circumstances where the victim and victimizer are strangers that can cause risk of an innocent misidentification (Howitt, 2012) When discussing the accuracy of an eyewitness testimony one should look at the Cotton case. Ronald Cotton was sentenced to life imprisonment after he was found guilty for rape. The victim and eyewitness, Jennifer Thompson had picked Mr. Cottons picture out of a group of pictures and also identified him in a line up. When the case went to court, when asked who attacked her the night of the incident, Thompson pointed to cotton. Because Jennifer had made such an effort to identify her attacker the night she was attacked, and had chosen Cotton in the lineup, his photo and in the

You May Also Find These Documents Helpful

  • 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
  • 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

    I disagree, because the eyewitness could be overwhelmed by the action that is taking place at the moment which could impair their memory. The eyewitness could concentrate on the weapon that is involved in the crime. Sometimes witnesses get confused by the questions asked by the officer/attorney who will cause a memory-error. This could be caused by the specific wording of the question that would cause the witness to recall information incorrectly. When children witnesses get involved it is quite hard for them to recall information because, their memory isn’t highly reliable. Children’s memories are easily influence in highly emotional situations. This could cause false memory. False memory is developed when victims are unable to remember a particular part of an event. In conclusion I highly disagree that all eyewitness memory is accurate.…

    • 385 Words
    • 1 Page
    Good Essays
  • Powerful Essays

    In capital cases, there should be a corroboration rule in which two witness testimonies have to both agree so that a suspect can be rightfully charged. This limits the amount of bias each witness can have since they both have to be in agreement (Jain 2001). In addition, to trials in which the predominant form of evidence is in eyewitness testimonies, there should be a court-appointed psychologist who explains the shortcomings of eyewitness testimony to the jury. This can increase the accuracy of the jury’s verdict since they will consider the merits of an eyewitness’s testimony. However, many attorneys do not use psychologists in their case because they believe that it’s a waste of money and that it will “intrude too much on the traditional province of the jury to assess witness credibility" (United States vs. Lumpkin, 1999).…

    • 1665 Words
    • 7 Pages
    Powerful 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
  • 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
  • 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
  • Better Essays

    Wrongful convictions provide an error in our justice system. They are important police issues and imply that the justice system failed to protect when an individual is innocent. The factors that occur most often in wrongful convictions are eyewitness…

    • 1002 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Eyewitness Identification

    • 1751 Words
    • 8 Pages

    Eyewitness identification and testimonies are relied on heavily by the criminal justice system to help with investigation and prosecution of crimes and criminals. Due to the increase in the use of eyewitness identification psychologist began studying the results more efficiently to gain a clearer understanding of the risks it holds.. A scientific literature on this specific topic was created and highlighted the issues that have been discovered with eyewitness identifications and testimonies. “Mistaken eyewitness identification was the largest single factor contributing to the conviction of innocent people.”(CITE EYEWITNESS TESTIMONY) These factors that can relate to…

    • 1751 Words
    • 8 Pages
    Good Essays
  • Good Essays

    Wrongful Convictions

    • 480 Words
    • 2 Pages

    In addition to these scientific advancements, a growing body of literature has focused on the significant roles eyewitness misidentification, so-called “jailhouse snitches,” and false confessions have played in contributing to wrongful convictions in U.S. courts. Through an examination of previous wrongful conviction research and appellate court rulings, will also explore the extent to which permitting wrongful convictions to be upheld constitutes a violation of civil liberties.…

    • 480 Words
    • 2 Pages
    Good Essays
  • Better Essays

    According to the Innocence Project even after thirty years of social science eyewitness identification is often reliable. Research shows that the human mind is not at all like a tape recorder. People neither record events exactly as they see them, nor recall them like a tape that has been rewound. Witness memory is comparable to other evidence in case in that it must be preserved carefully and retrieved very meticulously or else it can become…

    • 1298 Words
    • 6 Pages
    Better 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