Difference between revisions of "Eyewitness Misidentification"
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== Background == | == Background == | ||
| − | Eyewitness misidentification is the largest source of wrongful convictions in the United States. Eyewitness misidentification has played a role in more than 75% of the convictions overturned through DNA testing ( | + | Eyewitness misidentification is the largest source of wrongful convictions in the United States. Eyewitness misidentification has played a role in more than 75% of the convictions overturned through DNA testing (Innocence Project). From 1989 - 2007, more than 200 Americans have been exonerated by DNA evidence. Of these 200, about half had previously been sentenced to death. (Gross, 2008, 174) However, DNA evidence is present in only about 10% of cases, making the proliferation of eyewitness misidentifications a serious problem contributing to wrongful convictions. |
The phenomenon of eyewitness misidentification is not without a racial dimension. Fifty-five percent of exonerations in sexual assault or murder cases involve African-American defendants and white victims. (Medwed 2006, 137) | The phenomenon of eyewitness misidentification is not without a racial dimension. Fifty-five percent of exonerations in sexual assault or murder cases involve African-American defendants and white victims. (Medwed 2006, 137) | ||
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== Memory and Suggestion == | == Memory and Suggestion == | ||
| − | Psychologists and behavioral science researchers have found that memory is influenced by | + | Psychologists and behavioral science researchers have found that memory is influenced by an observer's conditioning. Time is also an important element. Psychologists describe the influence of the passing time in terms of sharpening and leveling effect. As time passes, critical aspects of the remembered situation become exaggerated or sharpened. At the same time, memory for less critical aspects of the original perception become diminished in a phenomenon known as leveling. For example, in a store hold-up, the eyewitness may remember the weapon more accurately than the person holding it. |
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| + | Another major factor influencing memory is the degree of suggestion present in the identification process. Suggestion can be created intentionally or unintentionally (Center for Criminal Justice Advocacy Website). According to one study of eyewitness accuracy, study participants that received confirmation (ie. feedback suggesting their identification is correct) reported having a clearer picture of the culprit's face, being sure of their description, and being more willing to testify. (Bradfield 2002, 116) | ||
== Variables == | == Variables == | ||
| − | + | Variables contributing to eyewitness misidentification are divided into two categories: | |
| − | + | ||
| + | '''Estimator variables:''' | ||
| + | Variables that cannot be controlled by the criminal justice system. Examples include: | ||
| + | ***Lighting during event | ||
| + | ***Distance between Eyewitness and Perpetrator | ||
| + | ***Race of Perpetrator | ||
| + | ***Presence of a weapon | ||
| + | ***Degree of Stress and Trauma suffered by Eyewitness | ||
* Systems variables can and should be controlled by the criminal justice system. These include the manner in which the law enforcement system retrieves information from the eyewitness, such as lineups and photo arrays. Since system variables that affect the accuracy of identification include the type of lineup, the selection of "fillers, the manner in which the lineup is administers, instructions to witnesses before identification procedures, the identity of the person administering the lineup, and communication with witnesses after they make the identification. | * Systems variables can and should be controlled by the criminal justice system. These include the manner in which the law enforcement system retrieves information from the eyewitness, such as lineups and photo arrays. Since system variables that affect the accuracy of identification include the type of lineup, the selection of "fillers, the manner in which the lineup is administers, instructions to witnesses before identification procedures, the identity of the person administering the lineup, and communication with witnesses after they make the identification. | ||
