Analysis of Eye-witness Testimony - Essay Example

Eyewitness Testimony I. Introduction Eyewitness identification has been studied before and now because it has been linked to many wrongful convictions. Before, eyewitness identification was seen as very good source of evidence, but today, it has been found out to be unreliable. There are problems with eyewitness identification, and the most known is its unreliability. The three kinds of eyewitness identification, which are photographic, showups, and lineups, have worried professionals in the criminal justice system and legal institution because of their known unreliability as discovered by many researchers (Brewer & Palmer 78). According to these researchers, other types of circumstantial evidence, such as fingerprints or DNA, are more reliable in identifying criminals. This essay argues that eyewitness identification is not only can get the murder, but also it has unreliable. II. Eyewitness identification is unreliable evidence The heart of the American criminal justice system is the honesty and reliability of eyewitnesses. The testimony of eyewitnesses can very much influence the decision of the judge or the members of jury. The jury tries to identify the reliability or honesty of the eyewitness secretly, without telling the basis of its final decision. Considering the weakness of the human memory, therefore, is very crucial to the criminal and legal justice system, because a lot of trials are focused on honest identifications (Wise et al. 2). Reaching a fair decision and a right identification is hard without the chance that eyewitnesses may not know wrongness in their identification or testimony. Without strong physical evidence, testimony of eyewitnesses is important every time prosecution tries to prove that the criminal and the defendant are the same. The correctness of an eyewitness testimony or identification is shaped by two types of variables, which are ‘estimator’ and ‘system’ (Cutler & Kovera 54). System variables are things that the criminal justice system can control, like directions taught to eyewitnesses before they go into a lineup. Estimator variables, on the other hand, are things that the criminal justice system cannot control and their effects can be studied. These variables could be the lightning in the place where the crime took place, how long the eyewitnesses saw the face of the criminal, and so on (Cutler & Kovera 54). But, still, eyewitnesses cannot be sure that their memory is right. Researchers say that weaknesses of the human memory negatively affect the truth of eyewitness testimony. Human memory is very hard to understand and study. Eyewitnesses can have a wrong feeling of confidence when they give identification. Also, stress can affect memory of eyewitness which could make wrong identification (Brace et al. 183). While some stress could improve memory of some details or information, too much stress can make wrong identifications. Studies on eyewitness identification show that members of the jury are strongly influenced by the testimony given by eyewitnesses, and are usually not able to know what true or untrue testimony is, making the goal to prove the guilt of the defendant dependent on the reliability of eyewitness identification (Brace et al. 183-4). One idea that explains the weakness of human memory is unconscious transference. Unconscious transference takes place when an eyewitness wrongly identifies a known but not guilty person from a lineup (Brewer & Palmer 82). When this occurs, an eyewitness is shown a lineup having a known but innocent person could wrongly point the familiarity of that person to the crime and, then, give a wrong identification; the word ‘unconscious’ means that the eyewitness wrongly identifies the familiar person without having an aware memory of the past contact with the person (Cutler & Kovera 55). Human memory will influence by everything. As said above, eyewitness memory can be affected by the stress felt during the crime, which can badly affect the performance of memory. Environmental aspects at the place of the crime can also affect the visual ability of the eyewitness; for example, the presence of a weapon can badly affect memory encoding because of the feeling of stress (Wise et al. 4). The estimator variables show how certain aspects of a crime can affect the memory encoding of eyewitnesses. In theory, if an eyewitness has a good memory of the criminal, he or she is more able to give a correct identification in a lineup (Brace et al. 186). Eyewitness identification can also be affected by the way the lineup is shown or made. For instance, eyewitnesses usually think that the police officer has got the real criminal, and may think that he or she should choose the person in the lineup who most closely looks like the criminal (Brace et al. 186-7). Studies show that by teaching eyewitnesses that the criminal may or may not be present in the lineup, mistake because of guessing can be lessened. Also, if the officer of the lineup is aware of the position of the suspect in the lineup, he or she may by accident affect eyewitness identification (Cutler & Kovera 55). Once a person’s memory is influence, he or she cannot make right decision. III. The repeat lineup effect is very important to the memory Studies show that repeat lineup has the ability to influence an eyewitness memory. Witness will be confused by recognizing the suspect, if they have mixed memory because of repeat lineup effect. The lineup exposure effect happens when an eyewitness is presented with photographs after a crime and afterwards, later on, presented with a lineup (Brace et al. 187). Earlier studies have shown that repeated showing of mugshots can cause some negative impact on eyewitness identification in a lineup, like an increase in wrong identifications. Some of these effects are an innocent person in a lineup that was seen earlier among several pictures presented to the eyewitness before the lineup, or choosing an innocent person that was earlier chosen from several mugshots (Wise et al. 6). There are two possible reasons why repeat lineup negatively affect eyewitness identification, which are, familiarity and commitment. The first one, familiarity impact can happen because of unconscious transference, as discussed before. For an eyewitness, this happens when the memory of an innocent person is passed on to the recall of the criminal (Cutler & Kovera 56). The exposure to repeat lineup may result in a wrong identification because an innocent person appears familiar because of exposure from the pictures, not because of being a witness to the crime. The second explanation says that the bad impact of exposure to repeat lineup is caused by commitment (Brewer & Palmer 88). Researchers suggest that when an eyewitness has selection a person from the first lineup, they are likely to select that same individual once more in the next lineup. The respondents in these studies were more likely to choose their earlier choice than the real criminal. Other researchers have suggested that committing to a certain person may not be needed to identify the negative impact of exposure to repeated lineup (Cutler & Kovera 56). Other studies show that those who do not choose in a lineup are prone to stay committed to not choosing, or, they show that the criminal is not present in the repeated lineups (Brewer & Palmer 88-89). IV. The eyewitness can help to get the murder In spite of the unreliability of eyewitness testimony, it is still one of the most useful and strong evidences that prosecutor and police have. It is convincing, and at times, it affects the decision of the jury about the guilt of the defendant. The criminal justice system, in fact, depends too much on eyewitness identification, and as seen in reality this reliance does not mean that criminal justice agencies always respond effectively to them. Eyewitness testimony, despite its obvious unreliability, is very important to the court to get the murder. Also, it makes the case trial faster and help police to find the murderer fast. Eyewitness testimony can be vital in the investigation. It can be vital because it can offer vital information to the investigators. Someone who can give a picture of a suspect can be vital in giving the police information or way to know what kind or face of a person to search for, and other things (Brace et al. 185). Eyewitnesses are also very important when the case goes to court. Although eyewitness identification is unreliable, members of the jury believe that it is true. They are more likely to be affected by the testimony of a strong or confident eyewitness than by stronger evidence, like physical ones (Brace et al. 185-6). For that reason, an eyewitness that looks reliable and convincing can be very helpful at court and more influential in proving the guilt of a defendant. Psychologists, criminal justice agencies, and legal professionals have cooperated with one another in order to make eyewitness identification more correct and true. Through cognitive interview, the reliability of eyewitness testimony can be improved (Wise et al. 7). Cognitive interview helps make eyewitnesses conscious of every detail of a crime without making incorrect memories or manipulating information. V. Conclusion The memory is very important to eyewitness because eyewitness error is a leading cause of wrongful convictions. Witness should be careful to make a decision. Despite the not reliable eyewitness testimony, many people, especially police, investigators, and juries, rely much on eyewitness truth as a mark of eyewitness reliability. Many studies show the weakness and unreliability of the human memory, which is why it is important for the criminal justice system to make sure of the investigative process. Works Cited Brace, Nicola A.Pike, Graham E.Kemp, Richard I.Turner, Jim. "Eye-Witness Identification Procedures And Stress: A Comparison Of Live And Video Identification Parades." International Journal Of Police Science & Management 11.2 (2009): 183-192. Legal Collection. Web. 29 Oct. 2014. Brewer, Neil, and Matthew A. Palmer. "Eyewitness Identification Tests." Legal & Criminological Psychology 15.1 (2010): 77-96. Academic Search Complete. Web. 29 Oct. 2014. Cutler, B. & Kovera, M. (2011). “Expert Psychological Testimony.” Current Directions in Psychological Science, 20.1 (2011): 53-57. Sage Journals. Web. 21 Nov. 2014. Wise, Richard A., et al. "An Examination Of The Causes And Solutions To Eyewitness Error." Frontiers In Psychiatry 5.(2014): 1-8. Academic Search Complete. Web. 30 Oct. 2014. Read More