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Research Strategy – Eye Witness Testimony

Perkins

Research Strategy – Eye Witness Testimony

Thesis

Eyewitness testimony is essential in any justice system because it aids in collecting information from events that have occurred. Eye witness testimony is also one of the most compelling pieces of evidence that may be used in criminal prosecution. However, complexities have arisen, attempting to cast doubt on the validity of eyewitness reports, claiming that far too many assumptions are made when such statements are accepted as accurate in a criminal justice process. Indeed, these difficulties highlight the reality that eyewitnesses are often involved in criminal justice system blunders that are lethal.

Hypothesis

Jurors are more inclined to accept the testimony of an eyewitness who is confident that they saw the defendant conduct the crime. Because of this, eyewitness testimony has a severe flaw. Wrongful convictions may occur when a witness gives inaccurate testimony. Testimony from eyewitnesses relies on their recall of the events in their long-term memory. From a psychological perspective, recollection of information is likely to be impacted by the questions asked. When a witness is overconfident, they are more likely to see a high rate of insufficient identification. As a result, eyewitness misidentification is a common cause of exonerations. The most significant risk of such regrettable events is that public trust in the legal system will be eroded. Eyewitness testimony has a mixed record when it comes to credibility. Some studies believe that eyewitness testimonies are trustworthy in minority cases. For this reason, eyewitness evidence is sometimes questioned because of circumstances that affect a witness’s capacity to remember an incident in detail.

The criminal justice system must perform lineups such that eyewitness recognition of a defendant is based only on the eyewitness’s recollection and not on how the lineup was executed. Eyewitness evidence may also be seen as trace evidence, just like fingerprints, DNA, and gunshot patterns. Biological changes in eyewitnesses’ brains provide the same physiological foundation for eyewitness evidence as other forms of trace evidence. This is why suitable scientific methods are crucial to its authenticity. To summarize, a court should consider whether appropriate scientific techniques were utilized to obtain eyewitness evidence before deciding on its admissibility at trial. Instead of relying on eyewitness testimony,  social science can resolve legal disputes.

Measurement and analysis approach

The issues to be investigated include:

Nature of Human Memory

Memory is not like a video camera, although it is capable of reasonable accuracy. Since eyewitnesses cannot repeat their memories of a crime, the evidence against them cannot be as precise as if it were recorded on a videotape. It often lacks the level of detail that criminal investigators are looking for. When eyewitnesses remember a crime, they automatically recreate their memories of the act.

Bias Observed by the Eyewitness

One’s perception of a crime is heavily influenced by preconceptions, emotions, values, and background information. Additionally, these characteristics alter the encoded data that an eyewitness provides regarding a crime. An eyewitness’s capacity to properly encode essential details of a crime may be hindered by factors such as stressful conditions, weaponry, or a disguise. When the specifics of a crime are forgotten, it may lead to severe consequences.

Effect of False Information

Eyewitness accounts of a crime may be affected by facts the eyewitness receives from other parties, such as the police, prosecutors, and media. This is because an eyewitness’s recollection is a reconstructed process. Even if post-event information proves inaccurate, the eyewitness may not be aware that their recollection of the incident has indeed been altered.

The process related to evaluating eyewitness testimony can be carried out using video conferencing involving experts who are not present in the courtroom to help the judges establish the accuracy of an eyewitness. Whether the eyewitnesses were biased could be found by using a polygraph instrument that will determine whether the eyewitness was truthful or dishonest. The recollection of the accuracy of the witness’s memory involves determining whether the account given was detailed and informative of all events.

Annotated Bibliography

McLeod, S. (2009, April 16). Eye witness Testimony. Retrieved November 08, 2022, from Simply Psychology: http://www.simplypsychology.org/eyewitness-testimony.html

This article reviews Eyewitness Testimony. According to the author, eyewitness evidence has a significant impact on the criminal justice system from a psychological perspective (McLeod,2009). Eyewitness testimony is crucial for jurors; however, the author points out that numerous psychological aspects influence how accurate and reliable eyewitness testimony may be.

Rick, S. M. (2015). Eye Witness Testimony. Massachusetts: Salem Press Encyclopedia

The second article reviewed was Rick’s Eye Witness Testimony. Massachusetts: Salem Press Encyclopedia. Through the accounts of the eyewitnesses, the researcher assesses the authenticity of the information gathered from them. Rick believes that eyewitness testimony can only be considered reliable if the site of the incident can be examined for forensic evidence that can verify what happened (Rick,2015). Forensic evidence is needed to support eyewitness reports, and this article investigates the legitimacy of these testimonies.

Smalarz, L., & Gary, W. (2014). Post-Identification Feedback to Eyewitnesses Impairs Evaluators’ Abilities to Discriminate Between Accurate and Mistaken Testimony. Law and Human Behavior, 38 (2), 194-202.

The third research reviewed was Smalarz and Gary’s Law and Human Behaviour book. According to the authors of this study, providing eyewitnesses with confirmation input has significant repercussions. Evaluators’ capacity to discriminate between false and true testimony was examined in a study examining how feedback influences their ability to do so(. Smalarz&Gary2014). According to a survey conducted via a staged crime, it was shown that statements made after a witness’s choice to identify a suspect are likely to compromise their capacity to do the right thing.

Sporer, S. L., Malpass, R. S., & Koehnken, G. (2014). Psychological issues in eyewitness identification. London: Psychology Press.

The fourth article reviewed was Sporer et al.’s book Psychological Issues in eyewitness identification. There has been a focus on the psychological aspects of eyewitness identification and the challenges that might arise when eyewitnesses provide information that is not entirely accurate throughout this article(Sporer et al.,2014). The writers’ principal concern is that a bystander witness can recognize the culprit. The book explains how witness statements might be approached through the lens of psychology and the law.

Wise, R. A., Fishman, C. S., & Safer, M. A. (2009). How to analyze the accuracy of eyewitness testimony in a criminal case. Conn. L. Rev., 42, 435.

The fifth article reviewed was Wise’s piece on How to Analyze the Accuracy of Eyewitness Testimony in a Criminal Case. According to the author, judges and lawyers can’t do their jobs properly without the capacity to evaluate eyewitness testimony’s veracity (Wise et al., 2009). Using the technique described, judges and lawyers will be better equipped to assess eyewitness testimony’s accuracy. Examines the critical reasons for eyewitness inaccuracy and explains the present position of the law regarding eyewitness identifications.

Ethical Standards

Recognizing the universal need to develop and disseminate knowledge and safeguard individuals’ intellectual and professional freedoms is a legal obligation. As a result, the research encourages the open and unlimited sharing of criminological information and analysis. Furthermore, the study does not abuse other scientists as a part of this effort. The study was conducted using unbiased methods, and the results are available for debate and peer review.

References

McLeod, S. (2009, April 16). Eye witness Testimony. Retrieved November 08, 2022, from Simply Psychology: http://www.simplypsychology.org/eyewitness-testimony.html

Rick, S. M. (2015). Eye Witness Testimony. Massachusetts: Salem Press Encyclopedia

Smalarz, L., & Gary, W. (2014). Post-Identification Feedback to Eyewitnesses Impairs Evaluators’ Abilities to Discriminate Between Accurate and Mistaken Testimony. Law and Human Behavior, 38 (2), 194-202.

Sporer, S. L., Malpass, R. S., & Koehnken, G. (2014). Psychological issues in eyewitness identification. London: Psychology Press.

Wise, R. A., Fishman, C. S., & Safer, M. A. (2009). How to analyze the accuracy of eyewitness testimony in a criminal case. Conn. L. Rev., 42, 435.

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Question 

Research Strategy – Eye Witness Testimony

Research Strategy

3-4 pages for Research paper proposal

Did you know that one department store chain has two forensics labs in the United States? One is in the western states and the other is located in the Northeast, and both locations process fingerprints and other forensics evidence. Did you know that one of the fast-food restaurant chains has a huge security department that is responsible for global security and an intelligence unit that tracks terrorism worldwide? Also, did you know that every professional sports team, most Fortune 500 companies, and amusement parks have security, quick response teams, and investigation teams?

In the selection of your topic for your final project, examine all possible areas of interest, both in the public and private sectors. Research topics of interest in which you would love to have a career.

Based on the feedback from your instructor and peers regarding your topic, finalize the thesis that you will pursue for your research. Now, you will develop a research plan that will include the following:

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