Reading your post made me think of one case I learned about in high school. Within cognitive psychology, eyewitness testimony is heavily researched as juries tend to pay close attention to the details a witness is recalling. Eyewitness testimony can be an incredibly compelling form of evidence during criminal justice proceedings in Austin. But what the jury didn’t know is that Thompson had been quite unsure of her choice when she initially identified Cotton. When considering highly confident witnesses in particular, Wixted says that other academics have mistakenly downplayed the reliability of these individuals’ trial testimony in another way. Another 12 states have recommended these practices. Eyewitness Testimony and Criminal Trials . The most reliable parts of old memories are usually those most pertinent to the person recalling them. So even if they were unsure when selecting someone from a lineup they will, over time become convinced that they are certain. Incorrect information given to the eyewitness, usually after the event which can unintentionally distort the memory of the original crime. Ideally this recollection of events is detailed; however, this is not always the case. But this is the wrong question, Wixted says. Aim: To test their hypothesis that the language used in eyewitness testimony can alter memory. If these reforms had been put in place long ago, they might have spared Ronald Cotton more than a decade in prison for a rape he did not commit. The other researchers typically count this as a wrong guess in their calculations to deduce the reliability of eyewitnesses who take the stand. Some 75% of the wrongful convictions for rape and murder, including a number that led to people being scheduled for execution, were based on eyewitness testimony. To the swelling chorus of activists and researchers who argue that eyewitness testimony is both fundamentally unreliable and over-relied upon, the Cotton case is a prime example of what can go tragically wrong when court cases hinge on human recollection. Wixted vigorously denies these claims, pointing to an as-yet unpublished literature review he and his colleagues have written in order to further buttress their claims about the relationship between initial confidence levels and accuracy. In fact, concerns about the reliability of eyewitness testimony were almost completely ignored for over 20 years. Memory is not as reliable as we would like to think. To the swelling chorus of activists and researchers who argue that eyewitness testimony is both fundamentally unreliable and over-relied upon, the Cotton case is a prime example of what can go tragically wrong when court cases hinge on human recollection. John Timmer - Jul 25, 2017 5:25 pm UTC So jurors not only hear unreliable testimony from an older witness, but they're likely more convinced of that testimony because of the eyewitness's confidence. With a look. For example, if someone witnesses an armed robbery with a gun they’re attention is on the firearm, not on the assailant. Eyewitness testimony is the account a bystander or victim gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. Ronald Cotton,left, and Bobby Poole photographed at the time of their arrests. Here’s the thing, testimony from eyewitnesses is not always reliable. Eyewitnesses statements often play a vital role in securing criminal convictions – police surveys show that eyewitness testimony is the main form of … Perhaps the most important thing to note is that, even though there is a popular perception of eyewitness testimony being among the most reliable forms of evidence available, the criminal justice system treats such testimony as being among the most fragile and even unreliable available. This can be the result of racial bias or simply due to racial disparity. Jurors can determine and conclude that the eyewitness is unreliable (Bryant, 2020). Poole eventually blabbed to another inmate that he was Jennifer Thompson’s true attacker. Eyewitness testimony can be unreliable due to conditions at the scene of a crime, memory “contamination” and misrepresentation during trial. Benjamin Ryan is an editor at large at POZ magazine, where he covers the science of HIV and hepatitis C. His work has also appeared in The New York Times, The Atlantic, The Nation, New York magazine, The New York Observer, Men’s Journal, Out, and The Advocate. Studies have been showing significant concern over their accuracy, all the way back to the 1960s. Paying particular attention to the lack of initial confidence in such a case could lead to a faulty acquittal. In the following video, a classroom experiment shows both the inaccuracy of eyewitness identification. The need for honest and independent journalism is more urgent than ever. This effect can also happen if the subject lacks distinctive features, or if there is any obstruction to seeing them. Why Eyewitness Testimony Is Unreliable. Eyewitness memory is reliable when initially tested using proper procedures, but the legal system nonetheless habitually relies on unreliable (contaminated) eyewitness evidence from later IDs. Chad Dodson, of the University of Virginia, for one, says that academics in the field of general memory research “have known for decades that under most conditions confidence is reliably associated with recognition accuracy.” Wixted’s analyses, Dodson and his colleague at UVA David Dobolyi both say, correctly apply this scientific principle to suspect identification. Of course there is always the chance that an initially unsure witness has pointed to the right person, as happened with Carol DaRonch, whose ID of Ted Bundy in 1975 helped convict the serial killer. Neuroscience and behavioral research into memory cuts directly against confidence in eyewitness testimony expressed by police and jurors in surveys, writes psychologist Mark L. … But it’s at the center of a vigorous debate among eyewitness memory experts. Ontario criminal trials are back in session. Eyewitness identifications greatly sway both police and juries. As stated before, a lot of eyewitness testimony can rely solely on memory. Cotton was sentenced to life plus 50 years. One academic who believes the relationship between initial confidence and accuracy is strong is John T. Wixted, a psychology professor at the University of California, San Diego. So memory can be remarkably accurate or remarkably inaccurate. Studies have been showing significant concern over their accuracy, all the way back to the 1960s. Bartlett tested this theory using a variety of stories to illustrate that memory is an active process … In the US, mistaken eyewitness identification ended to 71% of wrongful convictions. Ronald Cotton had supposedly attacked Jennifer Thompson. As well as how easy it is to distort witness memory: “I’ll believe it when I see it,” or, “I saw it with my own eyes.” People put a lot of faith in what they see, but it may be misplaced. Eyewitness identifications play an important role in the investigation and prosecution of crimes, but it is well known that eyewitnesses make mistakes, often with serious consequences. DNA evidence has played a big role in proving the unreliability of eyewitness testimony. Concerns over eyewitness testimony are nothing new in criminal trials. So if the police show them a picture of a subject who vaguely matches their recollection, they’re more likely to accept it. A Skeptic Reads the Newspaper. An eyewitness may not be reliable for several reasons -- and they don't all have to do … In fact, it’s easy manipulated whether intentionally and unintentionally. The Ontario Court of Justice resumed criminal case management matters as of November […], In his attempt to steal Christmas, the Grinch committed a litany of crimes. Explain how certain aspects of memory (for example, capacity or duration) make eyewitness testimony unreliable. After 10 years of incarceration, Thompson got his conviction overturned thanks to DNA evidence proving that Poole was in fact the culprit. Most people who witness a crime experience stress and/or fear. This recollection is used as evidence to show what happened from a witness' point of view. Wixted found that taking filler ID data out of his analyses ultimately reveals a stronger—and he believes more true—relationship between initial confidence and accuracy. In 2014, the National Academy of Sciences gave an academic imprimatur to such reforms, recommending, among other changes, that criminal investigators adopt a double-blind system, make a record of confidence levels, and also videotape the suspect selection proceedings. William Jaksa is a Toronto criminal defence lawyer who will help you understand your options and potential outcomes. Then in, 1989 the first person was exonerated through the use of DNA evidence. Because people's memories can be fragile and are often easily distorted. Eyewitness testimony is key but just how reliable is at work about the find out. We look at the offences he may […], Famous last words: Pearls of wisdom from the gems we lost this year … https://t.co/wmALha0Wlu 4 days ago, Check out this Covid employment law CPD! Thompson seemed like an ideal witness; she had kept calm during the rape, carefully studying her attacker’s appearance in case she was later called upon to identify him. But by the time she took the stand she was steadfast. Benjamin Radford. Many parts of that paper read as a revision, if not outright rebuttal, of some of Wells’s scholarship. For some time now, numerous eyewitness memory scholars have believed that, at least in some circumstances, there can be a modest relationship between how confident eyewitnesses say they were at the time of identifying a suspect (as opposed to during the trial) and the likelihood that they correctly selected the culprit from a lineup or an array of mug shots. Their testimony has a strong effect on jurors. As a result, the witness may accuse the wrong person. This question—how confident witnesses are when they first identify a subject in a lineup—might seem like a minor detail. Researchers have found that the words investigators use to gather facts can influence how people respond when asked about the details of an event. A confident witness can be quite dangerous to a case. Eyewitness testimony is a potent form of evidence for convicting the accused, but it is subject to unconscious memory distortions and biases even among the most confident of witnesses. What kinds of information do people normally forget? His own work has made up the backbone of the party line that an initial confidence level, in his words, “has some diagnostic value or is useful but far from perfect.” Wells accuses Wixted and his coauthors of cherry-picking data to support their claims and says they have exaggerated the strength of the connection between initial confidence and accuracy. As well, eyewitnesses show a much higher rate of error when trying to identify people of a different race. Other research has specifically pointed to this sort of confidence-inflation as a factor in wrongful convictions. In this article, take a look at the problems with eyewitness testimony. Despite the scientific consensus that eyewitness testimony is unreliable and the Supreme Court’s recognition that “the annals of criminal law are rife with instances of mistaken identification,” eyewitness identification testimony remains among the most convincing evidence presented to jurors (Manson v. Brathwaite, 1977). The more time that passes between the event and the retelling, the more the memory tends to change. Stress and fear affect our memory. “By the time the witness reaches trial, their confidence is likely to be very misleading,” said Ruth Horry, a psychology lecturer at Swansea University in Wales, “since confidence tends to inflate over time, as the witness comes to believe that their ID must have been correct—otherwise, why would the police be prosecuting the suspect?”. It’s easier for people to accurately identify strangers of a similar racial background to their own. Yet now, over half a century later, eyewitness testimony continues to play a major role in criminal trials. It’s been able to definitively prove that eyewitness accounts were incorrect. Editorial: Eyewitness testimony is often unreliable and police and lawmakers know it Francisco “Franky” Carrillo, Jr., who was wrongfully imprisoned for 20 years, seated next to … Loftus and Palmer (1974) Study. Without objective evidence, the two are indistinguishable. Especially when they see something unfamiliar or under stress. 2 thoughts on “ Eyewitness Testimony is Unreliable ” Katherine Sharon Trimble October 24, 2014 at 12:30 am. An eyewitness who steps into the witness box holds the jury’s full attention, as well as, that of the audience. In 1985, a young white woman named Jennifer Thompson told a North Carolina courtroom that the man on trial, Ronald Cotton, a black restaurant dishwasher, had broken into her apartment and raped her at knifepoint the year before. Skeptics routinely bring up alleged contradictions in the eyewitness accounts (both in general, and in the case of the New Testament particularly), as proof that such testimony is unreliable. So the memory of other people and their appearance can change or fade. Despite the known unreliability of eyewitness testimony, it remains an effective tool. Thirteen states now require local police departments to use double-blind procedures, as well as to record the confidence levels of eyewitnesses when they select a suspect. This is sometimes unfortunate because eyewitness memory is highly fallible. For example, someone may not remember what an assailant looked like, but they are subconsciously open to suggestion. It can be suggested that juries should also consider the factors that could influence the recall of events as this is one of the reasons as to why eyewitness testimony may be seen as unreliable. To do so, it often uses information we receive later. As the Thomson example illustrates, an eyewitness identification can even outweigh a strong alibi supported by other testimony. Also, there are many ways that the criminal justice system can, purposefully or not, contaminate an eyewitness’s perspective during the suspect ID process and inflate their confidence on the spot. The academics’ mistake, he says, is to include in their analyses data from participants in controlled studies who point to a figure in the lineup who is not a suspect—a volunteer known as a “filler.” (In 20 to 25 percent of the 75,000 police lineups conducted annually, the witness picks a filler.) November 4, 2011 Every year, more than 75,000 eyewitnesses identify criminal suspects, but as … When we don’t have all the details, our brains fill in the gaps in our memories. Eyewitness testimony is not always about identifying the perpetrator. They take our attention away from the finer details, like someone’s appearance, and focus on the threat instead. A number of experts in the eyewitness testimony field say they generally support the new American Psychologist paper. If you take this approach, the paper argues, the true relationship between initial confidence and accuracy is revealed, and it is strong. Brandon Garrett of the University of Virginia School of Law, for example, recently analyzed 161 cases of eyewitness misidentification that later resulted in DNA exonerations. He found that more than half of the initial trials involved a witness who, like Jennifer Thompson, was unsure at the time of the suspect ID, but who then expressed confidence in his or her choice when testifying in a courtroom. And some experts in the field go so far as to say that the relationship between initial confidence and accuracy is actually quite strong. Examples like this remind us of how inaccurate eyewitness testimony can be, whether it’s a witness to a crime in a court of law, or a hunter who claims he saw Bigfoot in the Oregon woods: You can’t always trust your eyes. In the opposite camp is Iowa State University professor Gary Wells, the most prominent academic in the eyewitness field. As well, time plays havoc with our memories. Copyright © William Jaksa. ), Nonprofit journalism about criminal justice, A nonprofit news organization covering the U.S. criminal justice system. In short, the ripple effect causes witnesses to double down after they accuse someone. Witnesses may also be asked about the facts of the case. That form of analysis asks the question: based on whether the ID was correct or not, how well can you deduce the initial confidence of the witness? Eyewitness testimony is an important area of research in cognitive psychology and human memory. Thompson picked out Cotton in the lineup and was sure it was him. Law enforcement and the courts should follow the recommendations of social scientists when using and assessing eyewitness techniques, such as lineups, in criminal cases. The outcome of this debate could have important ramifications for the criminal justice system, and could add an important layer of nuance to the critiques of eyewitness testimony. Thompson’s confident testimony was instrumental in prompting the jury to convict. Robbery Charges and Armed Robbery Charges, As a result, the witness may accuse the wrong person, Ontario Courts Reopening for Criminal Trials. Altering details can be problematic because if an eyewitness testimony squanders, then it may be dismissed from the case. https://t.co/jU6uua9OFq 37 days ago, Office: 416-900-0998 Toll Free: 1 844 LAW WILL Fax: 647 439 1566, 43 Front St. East, Suite 400, Toronto, Ontario, M5E 1B3. Police can plant false memories in witnesses by asking leading questions or using suggesting language. What is misleading information? You can help us meet this need by becoming a member today. If the police do not follow careful methodology, such as using double-blinds and getting descriptions before showing suspects witnesses, they can alter their memory. The ripple effect is a common problem with eyewitness testimony. However, it’s actually the opposite: if all the witnesses to an event give an identical testimony, there is reason to suspect collusion. Wells and Wixted agree on one point: that juries should be instructed to consider only a witness’s initial confidence level and to disregard any subsequent expressions of confidence or recollections of confidence—so long as the initial confidence level was actually recorded and the lineup was conducted under fair circumstances. All Rights Reserved. Research has found that eyewitness-identification testimony can be very unreliable. For instance, distance and lighting can directly impact the accuracy of an eyewitness. Traditionally, the lineup administrator knows who is the suspect and who are the nonsuspect “fillers.” This knowledge can contribute to miscarriages of justice—for example, if the administrators ask leading questions that sway the witness’s choice, such as, “Do you think it’s that guy?” These administrators can also make statements that inflate the witness’s confidence level, such as, “We thought that was the one,” or “Are you sure…?” Even unconscious cues such as body language may taint the selection process In the case of Ronald Cotton, there is significant evidence to suggest that leading remarks from the detective present when Jennifer Thompson identified Cotton pushed her to become increasingly certain about her suspect ID. In fact, there are several issues that can arise when it comes to eyewitness testimony, which in turn, makes the testimony of an eyewitness unreliable in court. Concerns over eyewitness testimony are nothing new in criminal trials. 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