Jury guidelines[ edit ] It has been suggested that the jury be given a checklist to evaluate eyewitness testimony when given in court. Causes of eyewitness error[ edit ] "System variables" police procedures [ edit ] One of the primary reasons that eyewitnesses to crimes have been shown to make mistakes in their recollection of perpetrator identities, is the police procedures used to collect eyewitness evidence.
Second, the original memory and new information may both reside in memory in turn creating two conflicting ideas that compete in recall. Hasel in Beyond Common Sense: Henderson which comprehensively researched published literature and heard expert testimony with respect to eyewitness identification.
In other words, police suspect one person of having committed a crime, when in fact it was committed by an unknown other person who does not appear in the lineup.
First, it can alter the memory, incorporating the misinformation in with the actual, true memory. This can, therefore, result in unreliable eyewitness testimony. He told participants a complicated Native American story and had them repeat it over a series of intervals.
Many people believe that human memory works like a video recorder: Storing information is like recording and remembering is like playing back what was recorded.
Compared to older children, preschool-age children are more likely to fall victim to suggestions without the ability to focus solely on the facts of what happened.
Such devastating mistakes by eyewitnesses are not rare, according to a report by the Innocence Project, an organization affiliated with the Benjamin N.
In most states, it is left to the discretion of the trial court judge. But it leaves the question of exactly how police departments should implement double-blind lineups unanswered. How to Improve the Accuracy of Eyewitness Identifications The Innocence Project endorses a range of procedural reforms to improve the accuracy of eyewitness identification.
This unintentional suggestion can lead an eyewitness to identify a particular individual in a photo array or lineup. As a result, we quite often change our memories so they become more sensible to us. She mainly focuses on the integration of misinformation with the original memory, forming a new memory.
The act of remembering, says eminent memory researcher and psychologist Elizabeth F. Reliability[ edit ] Psychologists have probed the reliability of eyewitness testimony since the beginning of the 20th century. Wells and Lisa E. Researchers from Harvard, Princeton, Carnegie Mellon, and other academic institutions examined the study and reported that the study was infected with a fundamental flaw that had "devastating consequences" to its scientific merit, and which "guaranteed that most outcomes would be difficult or impossible to interpret.
Both sets of variables can be manipulated and studied during research, but only system variables can be controlled in actual procedure. Various hypotheses have been tested to explain this deficiency in identification accuracy, including any racial animosity on the part of the viewer, and exposure level to the other race in question.
Journal of Applied Psychology, 63, On the other hand, if the expert is not allowed, that becomes a ground of appeal if the defendant is convicted. One third of these overturned cases rested on the testimony of two or more mistaken eyewitnesses.
The procedures of a criminal investigation can even distort eyewitness recall. The classic example is the lineup: When, in the judgment of the trial judge, the quality of the identifying evidence is poor, as for example when it depends solely on a fleeting glance or on a longer observation made in difficult conditions, the judge should withdraw the case from the jury and direct an acquittal unless there is other evidence which goes to support the correctness of the identification.
However, when dealing with opposite genders, the participants gave into the suggestibility misinformation more easily and demonstrated less accuracy. Pre-lineup instructions[ edit ] Following this finding that eyewitnesses are prone to making "relative judgments" when faced with a lineup that does not contain the actual perpetrator, researchers hypothesized that instructing the witness prior to the lineup might serve to mitigate the occurrence of error.Is Physical Evidence or Eyewitness Testimony More Persuasive in the Courtroom?
Christine Lerch Michael G. Aamodt Radford University Society for Police and Criminal Psychology. But it would have happened sooner or later, Loftus says, given the increasing number of people convicted with eyewitness testimony who have been subsequently exonerated by DNA evidence.
Eyewitness Testimony Eyewitness testimony (ET) may be considered the oldest form of evidence and is often considered the most credible form within a courtroom after a. Eyewitness testimony is a legal term. It refers to an account given by people of an event they have witnessed.
For example they may be required to give a description at a trial of a robbery or a road accident someone has mi-centre.com: Saul Mcleod. Learn how eyewitness misidentification has put innocent people behind bars. DNA has proven that eyewitness identification is frequently inaccurate.
Learn how eyewitness misidentification has put innocent people behind bars. Decades of Solid Scientific Evidence Supports Reform. In October ofthe National Academy of Sciences (NAS), the.
It was argued that eyewitness testimony is a reliable form of evidence especially with its validity in terms of the events leading up to the use of EWT; what is deemed important information is believed to be remembered more clearly.Download