Eyewitness Testimony
Question
How reliable is eyewitness testimony in a criminal investigation? In a 3-4 page paper, a) give the pros and cons b) some studies indicate misidentification is human error. How? c) what can be done in the future to assure innocent people don't get prosecuted for a crime they didn't commit? Support your answers with evidenced based material, Supreme Court cases, etc along with your opinions. Remember to include an introduction, body, conclusion, and reference page. APA format MUST be used for footnoting


Solution
Eyewitness Testimony
Investigations rely on different investigative ways for conclusive
reports before conviction. Identification is acquired using CCTV footage,
interrogation, matching of DNA and other forensic evidence. However, eyewitnesses’
identification has been the most prevalent and persuasive evidence for a
conviction since time immemorial. Irrespective of how helpful it has been, eye
witness has resulted in the conviction and prosecution due to its unreliability
and loopholes.
The question of eyewitnesses’ reliability has been in the quest for a long.
Studies show that eyewitness reliability accounts for about half of
convictions. According to a study carried out by American Psychological
Association, wrong convictions resulting from errors from eyewitness mistakes account
for 52%. Concurring with the research, Blessley, Paroya, & Callen (2021)
reported that 65% of erroneous criminal convictions resulted from mistaken
eyewitness identification. There is no way of telling how many eyewitnesses are
certain when identifying criminals. Therefore, determining the number of
wrongly convicted people behind bars is difficult. Eyewitnesses testimony can
be used to shed light on the sequence of events that happened during the crime.
The investigators, jury and lawyers can easily grasp important details
of the crime and get a starting point of their investigation. From the
eyewitnesses’ testimony, the motive of the crime can also be identified. Even
though approximately half of the eyewitnesses’ testimony is unreliable, the other
percent is reliable. The testimony can help the judges and prosecutor in making
a decision. On the other hand, eyewitness testimony has its disadvantages. The
testimony may not be accurate. An eyewitness testimony relies on their memory
to remember events. Some events and details might be erroneously recorded,
which might result in inaccurate testimony. The eyewitness can make up some
parts of the testimony due to fear or nervousness. When under pressure, the
witness can tell what they think the system wants to hear, which might be made
up. In the worst case, eyewitnesses can convict the wrong people.
Misidentification is a concern in the system. According to Blessley,
Paroya, & Callen (2021), misidentification contributes to wrongful
convictions, leaving innocent people behind bars. Misidentification is a human
error since it relies on individuals’ memory, state of mind during the event
and narration, and honesty. It is impossible to store and interpret everything
seen when watching an event. Details like perpetrators’ height, weight,
estimated age, hair color, and other characters can slip the eye witnesses’
minds and attention. The memory is not like a video, where the events and
pictures can be rewound. In the attempt to fill the details an eyewitness cannot
recount, the brain fills in details in the attempt to recount and create a full
picture. As a result, the eyewitness has a high chance of giving misleading
information. Witnesses focus on other details that might not be sufficient such
as weapons. According to American Psychological Association, witnesses commonly
testify about their focus on the weapon (the color, size, and gun shape) used
against them instead of the perpetrator (Weir, 2016). As a result, they confuse
the perpetrator’s image or point at the wrong people who might resemble the
perpetrator. External Pressures such as stressing environment and trauma might
affect the testimony’s accuracy. As Blessley, Paroya, & Callen (2021)
report, an individual cannot produce the unfolding of events accurately if they
are under stress or traumatizing situations. For instance, the sound or sight
of gunfire puts the victim in a survival mode, which makes it hard for them to
concentrate on a perpetrator and events, but their security. Suggestive
identification is another reason for misidentification. When the investigator
presents the eyewitness with a lineup of suspects who have related physical
features, the chances of getting confused and picking the wrong person are
always high.
Mistaken identity is a common problem all over. However, reforms to
ensure that wrong people are not convicted are possible. The use of more
evidence is necessary while settling at a ruling. As many courts demand, the
investigator must have more supporting investigation results such as the DNA
before settling with the eyewitnesses’ testimony. The reform was made in 1990
by the American psychological association. An example is when Jennifer Thompson
was raped by a stranger in 1984 and identified Ronald Cotton as the rapist in a
live lineup. After ten years, the DNA samples did not match the semen collected
from Ronald Cotton but were proved to match another inmate who confessed to
having raped her, Bobby Poole. Ronald, who had been sentenced to life
imprisonment and had already served ten years, was released due to the DNA
help. With CCTV footage and eyewitnesses, Mills from Glasgow was arrested for
robbing a bank, only to be released a year later after the DNA sample proved
otherwise, convicting Michael Absalom for the crime. Courts should consider
using all available information sources in the investigation rather than giving
the eyewitnesses an upper hand for evidence.
Eye witnessing has resulted in the sentencing of many innocent people,
such as Ronald cotton and Glasgow. Eye witnessing reliability depends on
various factors such as the eye witness state of mind, pressure, accuracy and
condition. Therefore, the courtrooms should rely on eyewitnesses and consider
forensic evidence such as DNA.
References
Blessley, E.,
Paroya, S., & Callen, Q. (2021). The Use of Eyewitness Testimony as
Evidence in Criminal Cases.
Weir, K (2016).
Mistaken identity: Is eyewitness identification more
reliable than we think? American Psychological Association,
47(2), 40.



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