¶ … Eyewitness Testimony and Memory Issues
When investigating and prosecuting crimes and other incidents, their can be a heavy level of reliance on eyewitness testimony to substantiate the facts that are suggested by other evidence and to fill in missing gaps in the story of the crime, accident, or other incident. This can be a problem, however, as two different eyewitness accounts of the same incident are likely to differ significantly in many ways, and even the same eyewitness can remember details differently at different intervals of time following the incident. This is due to the human function of memory: the differences between short- and long-term memory, the processes involved in creating and reinforcing memory, and various techniques that can be used to help bring out memories but are not always reliable. This paper will examine and explore many of the issues related to memory and eyewitness recall.
Short-term memory occurs when sensory information is stored temporarily for use in certain comparisons and decision-making processes, like holding information from the beginning of a sentence until you reach the end of a sentence so that the entire sentence makes sense (Georgia 2011). Short-term memory decays quickly, and within a few seconds things stored in short-term memory are either forgotten or moved into long-term memory (Georgia 2011). When new neural pathways are formed in order to store information in long-term memory, there is very little decay that actually occurs, meaning that everything that actually makes it to long-term memory is theoretically accessible for the rest of the brain's life (Georgia 2011). Things do not actually work quite as simply as theory suggests, however.
The first step of memory creation is called encoding, and...
Eyewitness Testimony The Supreme Court, in Neil v. Biggers, 409 U.S. 188, 93 S. Ct. 375 (1972), set out some guidelines as to what a court must consider when it is trying to determine how much credibility to give to eyewitness testimony. This case involved a woman who identified a man who she claimed had raped her. The case revolved around the credibility of her identification. The Court laid out the
41+). Loftus notes that science has found "post-event information" is integrated into what most people have actually experienced because, "when people experience some actual event -- say a crime or an accident -- they often later acquire new information about the event. This new information can contaminate the memory" (Loftus, 2002, March, p. 41+). In addition, many false memories are created, deliberately or by accident, in response to leading questioning
Eyewitness Testimony Current Event in Criminal Justice The Reliability of Eyewitness Testimony The execution of Troy Anthony Davis on September 27, 2011, in Georgia has stirred new debate over the reliability of eyewitness testimony. Davis was convicted of the August 19, 1989 murder of police officer Mark MacPhail in Savannah, Georgia. Working a security guard at a Burger King, MacPhail was shot when he attempted to defend a man being assaulted in a
Thus while an interviewer may simply be trying to pin down additional details of an incident (for example), the eyewitness may believe that she or he is being challenged about the accuracy of his or her memory and statement and begin (again, most likely unconsciously and not in any attempt to commit perjury) to shift answers to coincide with what the witness believes the interviewer want to hear (Poole
Law enforcement has a direct ethical responsibility to preventing wrongful convictions, no matter how heavy the pressure for a conviction may be from a political standpoint. Wrongful convictions represent a miscarriage of justice and draw attention to procedural problems in law enforcement. One of the problems that has been shown to lead to wrongful convictions is the method by which eyewitness testimony is secured. Recent criminal justice policy and procedure
Criminal Eyewitness Testimony Eyewitness testimony, or the sworn oath of persons who believe they have witnesses a crime, or portion of a crime, has long been studied in both the fields of criminology and psychology. Research shows that a jury, for one, tends to convict a person when there is eyewitness testimony present by two to one odds. However, research also shows that criminal eyewitness testimony has the very real potential
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