Preview

Eye Witness Testimonies in the Legal Courts

Powerful Essays
Open Document
Open Document
1618 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Eye Witness Testimonies in the Legal Courts
The Inconsistency of
Eyewitness Testimonies in the Legal Setting
Ashleigh Precoma
Royal Melbourne Institute of Technology

Eyewitness testimony is an important area of research in cognitive psychology and human memory. Matsumoto, 2009 defined eyewitness testimony as information that an individual can provide about a crime. This includes information about the perpetrator(s) as well as information about the crime and crime scene. This information is then delivered by the bystander in a courtroom, where the jury must pay special attention and may even come to a decision based on this, somewhat reliable piece of evidence. Eyewitness testimonies’ have been considered a credible source in the past, but have recently come under attack as forensics now support psychologists in their claim that memories and individual perceptions are unreliable; as they are easily manipulated, altered, and biased. Research into this area has found that eyewitness testimony can be affected by many psychological factors including anxiety and stress, reconstructive memory and also the use of leading questions.

One factor that is thought to have a significant effect on eyewitness memory is the degree of emotional arousal or stress experienced by the witness during the crime. There are many studies looking at the effects of anxiety and stress on eyewitness testimonies’. Some of them have shown that anxiety can impair the accuracy of these testimonies. However, other studies have proven that anxiety and stress can actually lead to a more detailed and accurate recall of the event witnessed. Loftus and Burns (1982) showed that anxiety can impair the accuracy of eyewitness testimonies.
One group of participants were a showed a film of a crime with no violence. Another group were shown the same film but with a violent incident where a boy was shot in the face. They found that those who saw the violent incident recalled significantly less than those who saw the film without the violent



References: Burton, L., Westen, D., & Kowalsi, R. (2009). Psychology: Australian and New Zealand Edition (2nd ed.). Brisbane, Australia: John Wiley & Sons. Christianson, S., & Hubinette, B. (1993). Hands Up! A Study of Witnesses Emotional Reactions and Memories Associated with Bank Robberies. Applied Cognitive Psychology, 7, 365-37 Eyewitness Testimony and Anxiety. (2012) Retrieved from the AS Psychology web site: http://aspsychologyblackpoolsixth.weebly.com/ewt--anxiety.html Leading Question [Def. 1]. (n.d.). Merriam-Webster Online. In Merriam-Webster. Retrieved March 16th, 2013, from http://www.merriam-webster.com/dictionary/leadingquestion Loftus, E.F., &Palmer, J.C. (1974). Reconstruction of Automobile Destruction: An Example of the Interaction Between Language and Memory. Journal of Verbal learning and Verbal Learning, 13, 585-589 Matsumoto, D. (Eds.). (2009). The Cambridge Dictionary of Psychology. (1st ed.). United States of America: Cambridge University Press McLeod, S. A. (2009). Eyewitness Testimony. Retrieved from the Simple Psychology web site: http://www.simplypsychology.org/eyewitness-testimony.html The War of the Ghosts - Bartlett Schema Theory. (2012) Retrieved from the Wikia web site: http://asbib.wikia.com/wiki/The_War_of_the_Ghosts_-_Bartlett_Schema_Theory

You May Also Find These Documents Helpful

  • Good Essays

    The weapon focus effect phenomenon as identified by Loftus 1979, she asked participants to sit outside a laboratory where they thought they were hearing a genuine exchange between people inside the laboratory. In the control condition, participants heard an amicable discussion about an equipment failure, a man then appeared from the room with greasy hands holding a pen. In the experimental condition, participants were subject to a hostile discussion, followed by the sound of breaking glass and overturned furniture, a man then emerged from the room holding a knife covered in blood. Loftus then supplied participants with 50 photos and asked them to identify the man who had come out of the room. She found that participants who had witnessed the peaceful discussion were more accurate in recognising the man than people who had witnessed the hostile discussion, thus suggesting that increased levels of anxiety cause a deviation in the accuracy of information recall. Loftus concluded that the anxiety elicited by the weapon narrowed the focus of attention for the participants and withdrew attention from the central features; i.e. the man’s face and physique.…

    • 873 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Anxiety Ewt 12mark

    • 520 Words
    • 2 Pages

    Outline and evaluate research into the effects of anxiety on the accuracy of eyewitness testimony (12 marks).…

    • 520 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Research suggests that anxiety and the age of witnesses can affect the accuracy of eyewitness testimony (EWT) for a variety of reasons. The age of a witness can affect the accuracy of eye witness testimony and it is thought that as a result, EWT is often inaccurate. Research by Geiselman and Padilla (1988) found that children were less accurate when reporting events of a filmed bank robbery than adults; despite this, other research has failed to find much of a difference between adults and children, especially when free recall instead of structured interview is used. Furthermore, Children appear to be more susceptible to leading questions than adults (Goodman & Reid, 1986), and younger children are more likely to incorporate misleading information into their memories of the events if they are asked the same question repeatedly (Leichtman & Ceci, 1995). Most research into the accuracy of children’s memory has come from laboratory research, therefore it allows for precise control of variables, the experiments can be replicated for reliability and the independent variables will be carefully constructed allowing good inference of cause and effect. On the other hand, lab experiments are artificial as the setting is not typical of real life situations, therefore lacking ecological validity. It is not just the memory of children that has been tested; Anastasi & Rhodes (2006) used participants aged 18 – 78 years and found that young and middle-aged participants were more accurate at recognising photographs than older participants. Furthermore, Yarmey (1984) and Cohen & Faulkner (1988) found older people made more recall errors than younger people. Both researches suggest that the memory and therefore EWT is probably as unreliable as a child’s.…

    • 590 Words
    • 3 Pages
    Good Essays
  • Good Essays

    A well-documented research by an influential psychologist named Dr. Elizabeth Loftus, suggested that interviews can actually lead to tremendous errors in eyewitness testimony. Additionally, for many years researchers have also suspected that forensic interview methods highly influence eyewitness testimonies which are a major cause of inaccuracies. Eyewitnesses could be led to give reports of objects of events they did not actually experience. This debate about why the misinformation effect takes place has challenged dominant views in regards to the validity of memory and had raised concerns about the reliability of eyewitness testimony. Furthermore, early demonstrations of the effects of questioning did exhibit various ways in which eyewitness testimony could be influenced (Lotus, 2005).…

    • 472 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Eyewitness Testimony refers to witnesses who are asked to give testimonies in court to particular crimes. Anxiety is amongst several other factors that can affect the accuracy of EWT. Depending on the anxiety level a witness has experienced, their recall level can either be more or less accurate.…

    • 445 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The Cognitive Approach provides two contributions to society; Reliability of Eyewitness Testimonies and Cognitive Interviews. The cognitive interview technique has been developed from a number of models of memory and forgetting from the cognitive approach, which is used to interview eyewitnesses of crimes. The major two contributors are cue-dependency theory from Tulving (1975), and reconstructive memory of Bartlett (1932). Cue-dependency theory can lead to the reconstruction of crimes to improve the effectiveness of eyewitnesses, which is also supported by Bartlett’s ideas of reconstructive memory who suggested that we interpret things to make them make sense to ourselves: this process, Bartlett suggested, caused us to omit certain details of the events and to focus too much on others. Tulving suggested that remembering is better when state (physical and emotional) and context (environmental) cues are just as they were at the time of learning. Thus, recreating the situations of the crime can lead to an improved recall from eyewitnesses. The cognitive interview exploits the psychological knowledge these theories contribute, as well as the research of studies such as Loftus and Palmer (1974), to prevent leading questions, and to provide witnesses with state and context cues (such as how they were feeling or what they were planning to do when the event happened), to improve remembering. Eyewitness testimony plays a large part in court judgements, and sometimes the entire outcome of the trial can depend solely on an eyewitness’ testimony. This illustrates the importance of ensuring such a testimony is as reliable as possible. Studies such as Loftus and Palmer (1974) and Yarmey (2004) have shown that leading questions can affect the recall of eyewitnesses, suggesting unreliability and that they should not be…

    • 913 Words
    • 3 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

    Eyewitnesses have historically been asked to identify the perpetrator by “placing a suspect among people not suspected of committing the crime” (Schuster, B. 2007). This procedure is called a lineup. The drawbacks to using eyewitness accounts to help ascertain the identity of suspected criminals are numerous. The lineup relies on the memory and perception of the witness who may have been under extreme stress during the time of the crime making it difficult for the witness to recall certain facts about the suspect. Often time the witness may have difficulty making out the exact description of a suspect due to the circumstances surrounding the crime such as the weather, the time of day, the distance between the witness and the suspect. In addition to these obstructions a glitch can also be found in the way the lineup is administered. The official in charge of administering the lineup usually knows which of the individuals the suspect is therefore, several variables can affect the responses of the witness. The overseer of the line up may suggestively cause the witness to question his or her responses or recollection of the perpetrator either consciously or unconsciously by changing the tone of his or her voice or by making such statements as “just take your time…make sure you look at all the photos” (Schuster, B. 2007) when a witness starts to lean towards choosing a “filler” or an individual other than the suspect.…

    • 575 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Clifford, B. R., & Scott, J. (1978). Individual and Situational Factors in Eyewitness Testimony. Journal of Applied Psychology, 63(3), 352-359.…

    • 1598 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Eyewitness misidentification is the single greatest cause of wrongful convictions in the United States. After DNA testing came out, 72% of convictions were proved to be wrong because of false eye witness testimonies. Eye witness testimonies are the accounts given in the courtroom during a grand jury or trial by a witness at the event of a crime. False eye witness testimonies convict innocent people into prison. Out of the 80,000 prosecutions a year that rely on eye witnesses, about half get convicted. Of those half, we are still sending 5,000 innocent people to prison each year. There are many reasons why eye witness testimonies are unreliable. Eye witness testimonies rely on 3 basic things, the characteristics of the witness, scene, and actual…

    • 819 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Eyewitness Research Paper

    • 2540 Words
    • 11 Pages

    Mcleod, Saul. "Eyewitness Testimony." Psychology Articles for A-level and Degree Study. 2009. Web. 08 Nov. 2011. <http://www.simplypsychology.org/eyewitness-testimony.html>.…

    • 2540 Words
    • 11 Pages
    Powerful Essays
  • Powerful Essays

    Eyewitness testimony is defined as formal evidence of a persons direct observations of an event in question (Mann & Blunden, 2010), and is considered a vital part of the Australian CJS for both investigating and prosecuting crimes. Eyewitness testimony is one of the oldest forms of evidence and was previously considered the most credible source to implicate a suspect short of perhaps a confession (Vollen, 2005). However, eyewitness testimony is fundamentally defective due to its reliance on the human senses and on the brain’s ability to process and remember these perceptions (Howitt, 2012).…

    • 2625 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    Loftus and Palmer 1974

    • 655 Words
    • 2 Pages

    This study was conducted to determine whether memory could be distorted by other information, which occurs after the event. The idea of the study was to see if any information they supplied influenced the witness’s memory information they had for the event.…

    • 655 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Nursing research.

    • 5090 Words
    • 16 Pages

    Bersstein, D.A., Roy, E.J., Srull, T.K. and Wickens, C.D. (1991). Psychology. 2nd Edition. Boston: Houston Mifflin Company.…

    • 5090 Words
    • 16 Pages
    Powerful Essays
  • Good Essays

    Eyewitness Testimony

    • 909 Words
    • 4 Pages

    Eyewitness testimony refers to people giving evidence to a crime or accident, on the basis of recalling sensory information that they have witnessed. It is important to the law and police to gather information about an investigative incident from people’s recollection of events to try to create an understanding of what took place.…

    • 909 Words
    • 4 Pages
    Good Essays

Related Topics