Abstract This paper reviews research into eyewitness identification credibility. It points out that, with the advent of DNA testing, many innocent people that were convicted primarily on eyewitnesstestimonies, have been exonerated of their crimes. The paper also adds that the courts are very suspect of expert testimonies by psychologists, and precedent is strongly in favor of limiting this type of testimony. The courts are in favor of letting the jury determine the accuracy of witnesses, not having psychologists testify as to their believability. The paper concludes that though there is research on both sides of the issue, there is clearly a need for additional research.
From the Paper "The research conducted by Ebbensen and Konecni go directly to these most vital aspects of the criminal justice system in the paper entitled "Eyewitness Memory Research: Probative v. Prejudicial Value". The conflict between psychology and the legal system appears at an impasse. The legal system thrives on eyewitness or first hand knowledge of events, it is at its very Constitutional foundation. Psychologists have made numerous scientific inquiries into the fundamental unreliability of memory and how memories can be tainted by prior events and by subsequent events. Memories fade, but nobody is sure how fast this occurs, and if there is a practical way to measure it. The legal system depends on facts presented to juries to arrive at justice, psychologists have generated numerous studies to present the facts of human memory, yet the courts rarely allow this testimony into the courtroom. In the Libby case, the core of the case was the reliability of Libby's memory when recounting events to federal investigators. Libby was accused of lying to the federal investigators, and was prepared to offer scientific evidence of his poor memory. The judge in the case excluded the testimony, again citing the Daubert rule, not wanting a psychologist to tell the jury how to rule on the guilt or innocence of Libby (Erickson, 2007, n.p.)."
Abstract In the American legal system, eyewitnesstestimony is admissible in court as substantive evidence in both civil and criminal cases. In criminal cases, it is admissible to weigh toward the guilt or innocence of a defendant. The paper shows that eyewitnesstestimony given in court has its benefits and detriments, but all things considered, it is a valuable and necessary component of the American justice system. The paper focuses on the problems of eyewitnesstestimony and offers solutions. It also uses the Supreme Court case of Kumho Tire v. Patrick Carmichael to illustrate points in the paper.
From the Paper "Specifically, the reliability of eyewitnesses and their memory should be tested by the trial judge. Psychological studies have repeatedly shown that memory is flawed and often even illusory. For this very reason, law enforcement professionals are specially trained to remember specific details of the scene of a crime as it occurs, because memory is notoriously fickle.
To test eyewitnesses? memory and reliability, trial judges should use the factors similar to those utilized for expert witnesses, such as scientific testing and error rate testing in regard to memory recollection.
This is the only reliable way of determining whether eyewitnesses? accounts should be admitted in a court of law."
Abstract This paper gives an extensive study of literature on the topic of the inaccuracy on recovered memory. It draws an alliance between this information and the reliability of the eyewitnesstestimony. The author highlights the caution juries should take in overestimating the validity of eyewitness accounts.
From the Paper "Handberg notes that jurors often overestimate eyewitness identification accuracy because they are unfamiliar with the possibilities. They assume a confident witness to be accurate, an assumption research has found to be not necessarily true. They also lack information regarding the effects of stress on eyewitnesses. Handberg notes that "Many people believe that a witness subjected to great stress is reliable because the stressful experience 'burns; an impression of the event into the eyewitness's memory" but in fact, the opposite is true because the stress reduces the witness's ability to focus on the event (Handberg, 1995, p. 1013-1064)."
Tags: psychology, jurisprudence, memory, criminal, law
Abstract In this article, the writer notes that eyewitnesstestimony plays a vital role in the prosecution of crimes in the United States, as thousands and thousands of suspects face indictment based on eyewitness identification evidence each year. Yet, much of the information is considered faulty. This paper takes a look at the reliability of eyewitness witnesses. The writer examines the credibility of eyewitnesses and focuses on the reliability of eyewitnesstestimony in relation to cross-racial identifications. The writer maintains that if police do not keep witnesses away from news and other people's testimony, there is a greater chance that their memory will be altered. The writer concludes that memory is an ongoing process, not a static state and it is a process that never happens the same way twice.
Outline:
"Cross-Racial Identification of Defendants in Criminal Cases: A Proposed Model Jury Instruction."
"Eyewitness Memory in Context: Toward a Systematic Understanding of Eyewitness Evidence"
"Interviewing Witnesses: The Effect of Forced Confabulation on Event Memory"
From the Paper " In comparing these three articles, it can be said, overall, that eyewitness testimony is not reliable a lot of the time. There are so many variables that go into what we remember, and if we remember it correctly. The first article related to cross-racial eyewitness accounts can be compared to the second about eyewitness memory in context. The first article stated that research has shown it is more difficult for members of one race to accurately identify perpetrators of another race. The second article stated as well that so much of eyewitness testimony depends on factors that we cannot control - such as culture. This research leads us to believe that there is not much we can do to make eyewitness testimony reliable. When the credibility is related to factors outside of our control -such as gender, race, etc., this makes it nearly impossible to get an true testimony most of the time; of course, there could be exceptions to this."
Abstract The paper examines the case of John Demjanjuk, a resident of Cleveland, Ohio, who was stripped of his American citizenship and extradited to Israel for suspicion of war crimes during World War Two. The paper asserts that the trial was a farce from beginning to end, with forged evidence and unreliable witnesses. The paper goes through the testimony of the witnesses and shows how their memories failed them due to aging, unconscious transference or confidence malleability. The paper emphasizes that any jury, judge, or attorney must be aware of the limitations of eyewitnesstestimony. According to the paper, however, eyewitness memory cannot be completely disregarded; memory can often be the only key to bring a case to justice.
From the Paper "In October 1975, one of the most infamous international criminal cases of the last century occurred in Israel. John Demjanjuk, a resident of Cleveland, Ohio, was stripped of his hard-won American citizenship and extradited to Israel for suspicion of war crimes during World War Two. The case became a sixteen-year ordeal in which Demjanjuk was convicted and then ultimately acquitted of the crimes of which he was accused. The court case was called a "show trial" and became a prime example of the malleability of memory in eyewitness psychology."
Abstract This paper explains that, in general, eyewitnesses are less accurate because the eyewitness can make mistakes from the time a crime occurs, through the investigation, during lineup identification, and even on the witness stand. The author points out examples in which eyewitness identification was racially biased. The paper concludes that, although racial bias can interfere with eyewitness identification, there are circumstances in which it does not; therefore, it is important that eyewitnesstestimony not be stricken from the courtroom, but the procedures by which it is permissible ought to be made more stringent.
From the Paper "Mistaken identification can help to put innocent people in prison. In a 2000 study of seventy-four wrongful conviction cases, 81 percent were due (at least in part) to mistaken identification. Mistaken identification can be caused by the factors discussed in the preceding paragraph, but it can also be caused by cross-racial identification. This problem is called "racial skew". Racial skew was the cause of the wrongful conviction of Johnny Frederick and David Keaton in Florida in 1971."
This paper discusses psychological views about the use of eyewitnesstestimonies in court trials: Accuracy, line-ups, juries' attitudes, hyperamnesia and recall ability.
900 words (approx. 3.6 pages), 4 sources, 1990, $ 31.95
From the Paper "This paper will discuss recent psychological views pertaining to the use of eyewitness testimonies in court trials. Studies in the past have shown that "eyewitness testimony is particularly persuasive for juries, even though eyewitnesses may be inaccurate reporters of events". This conflict between eyewitness credibility and eyewitness accuracy has led to a controversy over whether or not such testimonies should be allowed in court. From this perspective, recent studies have sought to show the extent to which eyewitness reports may be considered accurate, as well as the conditions under which accuracy may be improved.
For example, ... conducted a study in which a group of subjects were shown a videotape of a violent crime and then tested on their ability to recall details about ... "
From the Paper "Although eyewitness testimony is often unreliable, its quality is not always poor. Previous research shows that the type of testimony indicating the most accurate identification involves the unstructured recall of actions. Eyewitness testimony is still a human phenomenon, and as a result, it is subject to many external and internal factors. For instance, whether the "witnessing" took place in light or dark conditions, whether the lineup is live or on videotape, the capacity of short-term memory, unconscious transference, and a host of other psychological and external factors may all affect the degree of accuracy of the eyewitness testimony. This report will take a close look at these factors affecting eyewitness testimony, in addition to illustrating how innocent bystanders can sometimes be identified by eyewitness testimony as the suspected criminal(s)."
Abstract This paper analyzes the identification by three eyewitnesses of a bank robber from his photo shown on television and in the newspaper. It discusses the possibility of a motion to suppress the evidence of the three eyewitnesses at trial.
From the Paper "Photo exposure can make a face seem familiar even when it is not criminal. It can be particularly suggestive when combined with a story implicating a suspect in a crime and a witness to the crime may be swayed into believing the picture was actually ..."
Abstract In many facets of life particularly in the justice system people are called upon to assess the likelihood of events and their complements. Probability theory assumes that belief ordering over events and their complements should mirror each other. This paper examines how, in court cases, it often doesn't happen exactly this way, particularly when people are asked to retrieve information about familiar and unfamiliar events. This is known as the familiarity bias, a common component of eyewitness recall. This paper examines familiarity bias and what it means for eyewitness recall.
Abstract This research proposal discusses the specific factors that contribute to the perception of a salesperson's or an organization's credibility. It first discusses the impact that the Internet has on the perception of credibility of organizations' online advertising among the consuming public. The paper then looks at what steps salespeople and companies can take to develop an improved perception of credibility among the consuming public. Finally, the paper discusses in which industries and for what products and services credibility is deemed most important.
Table of Contents:
Introduction
Review of the Literature
Research Questions
Methodology
Conclusion
From the Paper "The research showed that the essence of credibility is worthy of being believed and trusted. The research also showed that gaining and keeping market share in an increasingly globalized marketplace is a challenging endeavor, but successful companies are able to do so by ensuring that the consuming public perceives them as credible and their products or services will do what they say they will. In fact, even the absolute best product or service on the market will likely not sell as readily as those that are perceived as having more credibility by virtue of a salesperson's or organization's ability to communicate these sometimes-nebulous values to the consuming public. The proposed study will fill in some existing gaps in the body of knowledge concerning credibility among the consuming public, particularly as it applies to the dynamic online marketing environment today."
Abstract This research paper is about the Congressional testimony of Federal Reserve Chairman Alan Greenspan on July 16, 2001. The paper mainly discusses the importance of the rate of interest to the entire economy and to the market, respectively. Although, in his testimony, Mr. Greenspan left the rates unchanged, there is discussion of what interest the financial market players had in having a new cut rate.
From the Paper "The Congressional testimony of Federal Reserve Chairman Alan Greenspan on July 16, 2002 proves how consequential interest rates are. In fact, control of interest rates is Federal Reserve's main device for encouraging economic expansion and deterring the slumps in the economy. In this instance, despite the stock and bond market players? disappointment at the interest rates remaining unchanged in the short-run, the Chairman decided that rates would not be cut in the then near future even though it may have helped markets to cut rates. It should be noted, however, that Mr. Greenspan was basing his decision to not cut rates at the time for the benefit of the entire economy ("Wall Street Journal")."
Abstract The following summary and analysis is actually of two different cases involving gang action as an example of the expert witness, Lewis Yablonsky's, process of developing testimony in these cases and the subsequent outcome. Yablonsky has been an expert witness in a number of gang related cases and not only do his credentials in sociology and psychology prepare him for this work, but he also grew up in the gang atmosphere and has studied and worked with gangs as well as written several books on the topic. His viewpoint and opinions affected the criminal justice process and outcome of these cases.
Abstract This paper examines the subject of judicial discretion, specifically as it was applied by the United States Supreme Court in "Tome v. United States, 513 U.S. 150 (1995)". In that case, a majority of the court ruled that reports of prior consistent statements made by the victim of sexual assault were inadmissible unless they occurred prior to any incident drawing the victim's credibility into question. The paper contends that the dissent in Tome presented a more reasonable position, giving the trial judge more discretion in admitting evidence of this sort. To conclude, the paper notes that the states have not invariably followed Tome.
From the Paper "In Tome v. United States, 513 U.S. 150 (1995), the Supreme Court considered a case which turned on an issue of judicial discretion. Matthew Tome was charged and convicted of felony sexual abuse of a child, his daughter who was four years old when the abuse occurred. Tome had primary custody of the child, A.T., during the 1989-90 school year; Tome's wife had custody during the summer of 1990. In August, the mother contacted police, alleging that A.T. had been sexually abused. The prosecution alleged that A.T. had been abused during the school year; the defense contended that the story was concocted to prevent Tome from retaining custody. (The matter was tried in federal rather than state court because the abuse allegedly occurred on a Navajo reservation.) (513 U.S. at 152)."
From the Paper "Every year over 200,000 people visit the site of the Battle of the Little Big Horn in Montana. Long known as the Custer Battlefield National Monument, the name of the site was changed in 1991 when Congress made it the Little Bighorn National Monument and the monument to the Indians was planned. This shift in emphasis at the popular tourist attraction is the result of changes in the perception of the battle's meanings for both Native Americans and white Americans. The change represents an outward sign of the re-thinking of history that has slowly recognized how both popular myths and supposedly objective history serve hidden agendas. Feminist and ethnic groups' critiques of the way all kinds of history has been written have gradually produced wider recognition of the fact that these underlying interests need to be brought out in the open and..."
