Difference between revisions of "Eyewitness Misidentification"

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== Background ==
 
== Background ==
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The phenomenon of eyewitness misidentification is not without the dimension of race. Fifty-five percent of the exonerations in cases of sexual assault or murder involve African-American defendants and white victims, which is four times higher than the rate at which these type of cross-racial crimes actually occur. Overall, racial minorities are "over-represented and "over punished" in the criminal justice systems. (Medwed 2006, 137)
 
The phenomenon of eyewitness misidentification is not without the dimension of race. Fifty-five percent of the exonerations in cases of sexual assault or murder involve African-American defendants and white victims, which is four times higher than the rate at which these type of cross-racial crimes actually occur. Overall, racial minorities are "over-represented and "over punished" in the criminal justice systems. (Medwed 2006, 137)
 
While the belief in the infallibility of human memory is pervasive, social science research in the past 30 years has proven that eye-witness identifications can be inaccurate (Innocence Project Website). A study found that 80% of juries will believe eyewitness testimony (Mourer 2008, 8)  
 
While the belief in the infallibility of human memory is pervasive, social science research in the past 30 years has proven that eye-witness identifications can be inaccurate (Innocence Project Website). A study found that 80% of juries will believe eyewitness testimony (Mourer 2008, 8)  
 
  
 
== Data ==
 
== Data ==
  
 
The problem behind the systematic study of false convictions is the impossibility of determining this exact number; there are many cases of false convictions that are never brought to light. Almost everything we know about false confessions is through exonerations, which only accounts for 2% of all rape and murder cases (Gross, 2008, 173). Between 1989 and 2003, eyewitness misidentification was the cause of error in 50% of exonerated murder cases and 88% of rape cases. (Gross, 2008, 186)
 
The problem behind the systematic study of false convictions is the impossibility of determining this exact number; there are many cases of false convictions that are never brought to light. Almost everything we know about false confessions is through exonerations, which only accounts for 2% of all rape and murder cases (Gross, 2008, 173). Between 1989 and 2003, eyewitness misidentification was the cause of error in 50% of exonerated murder cases and 88% of rape cases. (Gross, 2008, 186)
 
  
 
== Memory and Suggestion ==
 
== Memory and Suggestion ==
  
 
Psychologists and behavioral science researchers have found that memory is influenced by the conditioning of the observer. Time is also an important element; psychologists describe the influence of the passing time in terms of sharpening and leveling effect. With the passage of time, the critical aspects of the perceived situation becomes exaggerated or sharpened. At the same time, memory for less critical aspects of the original perception becomes diminished in a phenomenon known as leveling. One major factor that influences the witness' memory is the degree of suggestion present in the identification process, which can be created intentionally or non-intentionally (Center for Criminal Justice Advocacy Website). According one study of eyewitness accuracy, study participants that received confirming feedback (ie. information suggesting that their identification is correct) reported having a better view of the culprit, more easily making their identification, being more willing to testify and having a clearer picture of the culprit's face in their mind. (Bradfield 2002, 116)  
 
Psychologists and behavioral science researchers have found that memory is influenced by the conditioning of the observer. Time is also an important element; psychologists describe the influence of the passing time in terms of sharpening and leveling effect. With the passage of time, the critical aspects of the perceived situation becomes exaggerated or sharpened. At the same time, memory for less critical aspects of the original perception becomes diminished in a phenomenon known as leveling. One major factor that influences the witness' memory is the degree of suggestion present in the identification process, which can be created intentionally or non-intentionally (Center for Criminal Justice Advocacy Website). According one study of eyewitness accuracy, study participants that received confirming feedback (ie. information suggesting that their identification is correct) reported having a better view of the culprit, more easily making their identification, being more willing to testify and having a clearer picture of the culprit's face in their mind. (Bradfield 2002, 116)  
 
  
 
== Variables ==
 
== Variables ==
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There is currently no overarching policy on reforming eye-witness misidentification procedures. However, Lawyers, judges and law enforcement officials are not unaware of systems variables that cause the eyewitness misidentification. In 1999, the US Justice Department's National Institute of Justice published a landmark report on this problem entitled "Eyewitness Evidence: A Guide for Law Enforcement." (Thompson 2009, 3)This report serves as a step-by-step guide of standardized practice for minimizing errors in eyewitness identification, ranging from the role of the investigator in obtaining information from the witness, preparing mug books (a photo book compilation of previously arrested people), instructing the witness and preparing lineups. According to Gary Wells' article for Harvard University's Nieman Foundation for Journalism, reforms have already taken place in New Jersey, Boston (MA), Minneapolis (MN), North Carolina, Wisconsin, Virginia Beach (VA) and Santa Barbara County (CA). (Wells, Nieman Website)  
 
There is currently no overarching policy on reforming eye-witness misidentification procedures. However, Lawyers, judges and law enforcement officials are not unaware of systems variables that cause the eyewitness misidentification. In 1999, the US Justice Department's National Institute of Justice published a landmark report on this problem entitled "Eyewitness Evidence: A Guide for Law Enforcement." (Thompson 2009, 3)This report serves as a step-by-step guide of standardized practice for minimizing errors in eyewitness identification, ranging from the role of the investigator in obtaining information from the witness, preparing mug books (a photo book compilation of previously arrested people), instructing the witness and preparing lineups. According to Gary Wells' article for Harvard University's Nieman Foundation for Journalism, reforms have already taken place in New Jersey, Boston (MA), Minneapolis (MN), North Carolina, Wisconsin, Virginia Beach (VA) and Santa Barbara County (CA). (Wells, Nieman Website)  
 
  
 
== Solutions to Prevent Eyewitness Misidentification ==
 
== Solutions to Prevent Eyewitness Misidentification ==
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== Practical Considerations for the Defender (Wells, Nieman Website) ==
 
== Practical Considerations for the Defender (Wells, Nieman Website) ==
 
  
 
Engaging a Witness to Testify Eyewitness Misidentification: It is possible to find academics, such as Gary Wells, who have published articles on the topic of eyewitness misidentification. Especially in the case in which inappropriate pre-trial suggestion has occurred, expert testimony on the vague nature of eyewitness identification can be useful in discrediting the witness.  
 
Engaging a Witness to Testify Eyewitness Misidentification: It is possible to find academics, such as Gary Wells, who have published articles on the topic of eyewitness misidentification. Especially in the case in which inappropriate pre-trial suggestion has occurred, expert testimony on the vague nature of eyewitness identification can be useful in discrediting the witness.  
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== Case Studies ==
 
== Case Studies ==
 
 
 
  
 
* Calvin Willis
 
* Calvin Willis
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* Bobby Joe Leaster
 
* Bobby Joe Leaster
 
In 1970, a man named Levi Whiteside was killed in a holdup of a neighborhood store. Bobby Joe, who was standing on a nearby street corner on his way to visit his family, was wearing clothes that matched eyewitness descriptions of the person who killed Levi. Bobby Joe was apprehended and brought in front of the victim's widow, who was held at gunpoint during the holdup and had looked at the assailant. The police presented only Bobby Joe, in handcuffs and asked "is this him?" She identified him and he ended up in prison for 15 years, until another eyewitness testimony freed him.  (Mourer 2008, 1 - 2)
 
In 1970, a man named Levi Whiteside was killed in a holdup of a neighborhood store. Bobby Joe, who was standing on a nearby street corner on his way to visit his family, was wearing clothes that matched eyewitness descriptions of the person who killed Levi. Bobby Joe was apprehended and brought in front of the victim's widow, who was held at gunpoint during the holdup and had looked at the assailant. The police presented only Bobby Joe, in handcuffs and asked "is this him?" She identified him and he ended up in prison for 15 years, until another eyewitness testimony freed him.  (Mourer 2008, 1 - 2)
 
  
  
 
== Sources ==
 
== Sources ==
 
 
  
 
=== Academic Papers ===
 
=== Academic Papers ===

Revision as of 10:26, 8 April 2010