Eye Witnessing testimony (Term Paper Sample)

Eye Witnessing Testimony
Student Name
University Affiliation
Eye Witnessing Testimony
The aim of this paper is to provide a literature review that critically discusses seven peer- reviewed articles regarding eyewitness memory and the identification procedures that are associated. In addition, the paper will examine the problems associated with eyewitness, the general research approach used, as well as, the various methods for the identification of the events associated during the eyewitness, and the findings associated with the issues in the paper. Part one of this paper will extensively give its focus to the topic on eyewitness testimony and will also examine the relevant literature for the topic. Finally, Part one of this paper will discuss the research approaches used for testing the reliability of testimonies that come from eyewitnesses, and critically examine the procedures for identification in eyewitness. Part two of this research will demonstrate the comprehension of the topic by making use of the knowledge acquired from the topic and research to real life police practices. Specifically, the paper will examine the procedures for identification detailed in the "New South Wales Police Force’s Code of Practice for CRIME (Custody, Rights, Investigation, Management and Evidence)" (2010).The best approach will then discuss each of the sections on whether the recommendations are supported by the empirical research or not.
Introduction
Eyewitness testimony refers to any account provided by individuals of an event or events that the individuals personally witnessed (Brewer & Oalmer 2010). A good example is a case where people are required to provide a quick description of an accident of which they witnessed. The description will include the vehicles associated, the scene, as well as, the possible cause of the accident. Research on eyewitness involves the psychological view of how witnesses perceive incidences, recalls them and reports the occurrences in the legal frame. Eyewitness proves to be a crucial area of cognitive psychology research as well as research on human memory. This research enhances one to learn the different kinds of human memory, in that the eyewitness provides a series of events that he or she can recall. Therefore, this research proves to be essential when evaluating human memory.
Literature review
Recent articles and books regarding human memory have been expounded to a few texts concerning eyewitness testimony subject. Scholars have also conducted many studies regarding the human memory and its relation to the propensity to recall erroneously occurrences and details that never took place (Wells, 1998). For example, Elizabeth Loftus conducted experiments in the 70s to demonstrate the implications of a third party when introducing unrealistic facts into the memory. In the experiment, the participants were shown a car slide that was at the intersection with yield or stop sign. The experimenter then asked the participants some questions. The questions were asked, while falsely introducing the "stop sign" term instead of a yield sign which was the option seen. In addition, the experimenters intentionally substituted the "yield sign" term in the quiz that had been directed to those participants who had seen the stop sign. The results of the experiment indicated that participants only recalled seeing the false image.
In the first part of the experiment, the participants were asked to take a keen view of a car accident slide. Some of the participants were then asked to state how quick the vehicles moved before hitting each other. Others were asked to state how fast the vehicle were moving when they smashed into each other. The participants that were questioned using the term "smashed" had high chances of reporting having observed broken glasses in the initial slide. The use of false cues changed participants’ memories CITATION SMK98 \l 1033 (Kassin, 1998).
Eyewitness testimony greatly relies on human memory accuracy. Therefore, the memory has a large impact considering the outcome of any trial. A witness’ memory, therefore, is crucial not only to crime related cases but also in civil cases. In road accidents, for example, eyewitness testimony holds much weight when determining who the cause of the incident is couched in the acceptance of the statement as integral evidence is the assumption that, human minds are precise recorders and store of events.
Humans compactly hold on to the belief that their memories are intact in preservation and that thoughts are critically imperishable, and impressions are not forgotten. Sigmund Freud argued that long time based memories lie deeply in the unconscious mind. The depth is too deep to be bothered by existing events, as well as, experiences (Wells, Penrod, Fulero & Brimacombe, 1998). Today, most individuals are in the process of accepting Freud's view of memory.
In a survey conducted in the United States of America, individuals from different parts of the United States were asked for their views on how the human memory works. Out of these, some had formal psychology graduate training, whereas the remaining fraction did not. The non psychologists were into varied occupations. The participants were then asked to review the approaches that follow; everything human beings learn is stored permanently in the mind. However, some specific details are not retrievable. With special techniques such as hypnosis, the inaccessible details can eventually be recovered. The next thought was that some details learnt may be permanently lost from the human memory (Wells et al., 1998). It would be hard to recover such details by techniques such as hypnosis. This situation is so because the details are no longer there. The results showed that a large fraction, about 80 percent, of the psychologists and about 70 percent of the non psychologists opted to go for the first approach. The approach indicated that all information in the memory that is long-term is stored, despite the fact that it would be difficult to retrieve much of it.
The choice of the response was on the basis of personal experience and involvement in the recovery of a concept that the individual had not thought of for quite a long time (Wells 1998). In addition, Wilder Penfield’s knowledge on brain stimulation in patients with epileptic were initially used as a piece of evidence for supporting the theory that stipulates that memories are permanent and stable. Some audience mentioned reincarnation, hypnosis, Pentothal, or even psychoanalysis, to firmly support their belief in the permanence of memory.
Problems associated with eyewitness testimony
Eyewitness may not be effective in the provision of information to be used as evidence. This situation is so because the events as narrated by the eyewitness are adversely affected by other factors. To begin with, the witness may be influenced by lawyers in the courtroom till they reconstruct their series of events. Thus, the narration will not be accurate and effective and the court or any institution that relies on a piece of information might not be in a position to make sound decisions based on the witness.
Eyewitness greatly depends on the individual’s memory. A case where a person fails to recall some of the events may lead to misleading evidence that may not be a clear indication of justice. In addition, the witness may offer false series of events so as to favor one party in the courtroom or suitable institution.
The content of the events narrated by the witness may be affected by continued retelling of the story. Each time the witness tells the occurrences, there are possibilities that he or she will give a different version of the events. This situation greatly affects the consistence of the eyewitness.
Eyewitness identification Procedures and Best Practices
Eyewitness misidentification has contributed to many wrongful convictions that are later proven by other means such as DNA testing (Kassin, 1998). Therefore, for eyewitness testimony to be used as an effective source of evidence, then there should be procedures to be followed when conducting the eyewitness identification.
To begin with, instructions are to be offered to both the parties involved in the procedure. Instructions are defined as the series of statements given to the eyewitness by the procedure administrator that prevent the eyewitness from having a feeling that he/she has been compelled from making a selection, get guidance from the administrator about whom to or not to pick, or if or not choice was correct, and minimize the possibility of misidentification. First instruct each eyewitness in absence of other persons. Then explain the meaning of the photo array to the eyewitness as a group of photographs only. Suggest to the eyewitness to flashback to the event and his/her mind at that moment. Give instruction to the eyewitness to choose a photo array if it is possible and to say how he/she is familiar with the person if he/she can. Give assurance to the eyewitness that even if he/she makes identification, the case will still be under probe by the police. Instruct the eyewitness that it is procedural the investigator to ask him/her to state the surety he/she has in any identification.
In addition to the above institutions, other institutions have also given instructions geared at minimizing misidentifications. These include advising the witness that the administrator has no information that the suspect may be, giving direction to the eyewitness not to disclose procedure or results to the other eyewitnesses involved and avoid coming into contact with media.
Research has previously shown that the eyewitness’s level of confidence in the identification at trial is the main factor influencing whether observers believe that the identification is true. Record...