Although the high accuracy of an initial ID made with high confidence is important to appreciate, the low accuracy of an ID made with low confidence may be even more important to appreciate. The other individuals placed in a lineup with the suspect (known as fillers) are supposed to reasonably resemble the suspect in terms of age, height and weight so that the suspect does not stand out. After his conviction at Croydon Crown Court, several more women made allegations of sexual assault against him. Please send suggestions to Mind Matters editor Gareth Cook. Another stated that the killers face was burned into [her] memory immediately.. Eyewitness Testimony: Recommended Practices, Eyewitness testimony continues to be commonplace in law enforcement and trials. This evidence was not presented in the initial trial. First, another DNA profileone belonging to John Ruelas, who was just a four-year-old preschooler at the time of the murderwas found on a blood spot taken from the victims left hand. They found that the odds of a false identification were 1.56 times greater in cases where the race was different than the witness, thus highlighting how bias can affect how somebody remembers an event.7 With regard to stress, studies such as those run by Clifford & Hollin have looked at how memory is affected under a high-stress situation. 'You're supposed to interview me but you're actually having a confrontation with me,' he told Amanpour. But a closer examination of those witnesses testimonies reveals a few disconcerting factors: the earliest testimony from a witness came a month after the murders, and other testimony came nine, twelve months later. By posting your comment you agree to our house rules. Often, it can be the strongest evidence in a criminal case even though it can also be the most unreliable. Recently though, with the rise of social science, eyewitness testimony has taken a tumble from its lofty standing. It is important to strive to continue to conduct social science research on the nature of eyewitness and the efficacy of potential reforms like the ones above in order to create effective safeguards against unreliable eyewitness testimony. The ability of a person who witnesses a crime to later pick the perpetrator out of a lineup is atrociousright? The shooter had borrowed Heidelbergs car, and when Heidelberg went to retrieve his car later that night he was arrested by officers at the scene. . It gathered more than 100 signatures from prominent lawmakers, human rights campaigners and celebrities. Not only do such statements inflate eyewitnesses confidence in the accuracy of their identification, but they lead them to falsely remember having been that confident all along. If a judge finds the eyewitness testimony unreliable, he can suppress its use at trial. The psychiatrist formed an opinion of her mental state at the time of the homicide. It is not uncommon for the Parole Board to instruct expert evidence from psychiatrists and psychologists. It turns out, back in 1998, just days after the crime, the NYPD had a main suspect for the murder of Al Ward: a man named Mustafa. Create your free account or Sign in to continue. And third, the confidence expressed by the eyewitness following an identification of someone from the lineup must be recorded. Confidence reported at trial after the eyewitness has received confirmatory feedback is not. 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Finally, almost a year later, the Texas Court of Criminal Appeals declared Grant actually innocent on May 19, 2021. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License. First, the judge must determine whether the procedure used by law enforcement officials in obtaining the proffered eyewitness identification (e.g., photographic array or lineup) was unnecessarily suggestive.11 The judge must then weigh this determination against the following five factors to assess the reliability of the identification: In practice, therefore, the test is flexible. The reliability of these alleged identifications was suspect, since the officers would have had only a fraction of a second to observe the driver whizz by them at a high rate of speed at night. By the way, Weger signed EVERY SINGLE PAGE of the FIRST confession which was transcribed by a court reporter who testified under OATH Weger was not threatened or harmed when he made his damning statement. At his criminal trial, both parking lot attendants identified Miller as the perpetrator. The modern test for the admissibility of eyewitness testimony at a criminal trial under the Due Process Clause was established by the U.S. Supreme Court in Manson v. Brathwaite in 1977. Publication Date: December 20, 2021 Eyewitness testimony in court is shown to highly sway the opinion of jurors. Additional Reading: Truth, Lies and Police Lineups, The Crime Report, May 5, 2021. Retrieved March, 2019. To many Americans including many jurors eyewitness testimony is the gold standard when it comes to evidence. Are you a scientist who specializes in neuroscience, cognitive science, or psychology? Type above and press Enter to search. Few would doubt that under such conditions, DNA evidence is highly reliable. 6 Wells, Memon, Penrod, Eyewitness Evidence: Improving Its Probative Value, Psychological Science in the Public Interest, (2006). In the United States, more than 300 exonerations have resulted from postconviction DNA testing since 1989.26 According to the Innocence Project, at least one mistaken eyewitness identification was present in almost three-quarters of DNA exonerations.27 In many of these cases, eyewitness identification played a significant evidentiary role, and almost without exception, the eyewitnesses who testified expressed complete confidence that they had chosen the perpetrator. If the contaminated evidence is relied on to establish guilt versus innocence at a trial, the risk of a wrongful conviction is high. The prosecutor, Doug Evans, tried Curtis Flowers, a former employee at Tardy, six times for the crime.29 The Flowers case relied on three key points of evidence: (1) the eyewitness testimony of people who placed Curtis Flowers on the route from his home, to steal a gun, back to his home and then to Tardy to commit the murders and then home again (2) ballistics and (3) jailhouse confessions.30 Demonstrators have cut and burned their head coverings while shouting anti-government slogans. There have been many famous expert witness cases. He served 47 years in prison before his conviction was vacated in 2018. Continue reading with a Scientific American subscription. Videos circulating on Twitter appeared to show dozens of UN diplomats walking out as he started to speak. Overall, an issue plaguing both courts and law enforcement is the lack of standard procedures to safeguard defendants against unreliable eyewitness testimony. Juries should also be informed as to the manner of the identification, the eyewitnesss confidence and other factors that might influence reliability. Get in touch with our team of experts today! Hossein Amirabdollahian told the host 'this is not the way to conduct an interview' after he insisting women in Iran had 'all the necessary, required freedoms' and accused Western media of fueling protests there. It should be revived and approved. Having served 10 years in prison, the psychologist recommended his release from prison. Today, he remains in prison. Until he was released on parole, the 81-year-old Weger ranked as the second longest-held inmate in Illinois prison system. In 1999, Sally Clark, a solicitor, was convicted of murdering her two infant sons (one in 1996 and the other in 1998) at Chester Crown Court. In response to this issue, the National Research Council (NRC) formed a research committee in 2013 chaired by Judge Jed S. Rakoff of the Southern District of New York and cognitive scientist, Thomas Albright of the Salk Institute for Biological Studies.31 The group released their findings in 2014 in a report titled Identifying the Culprit: Assessing Eyewitness Identification. However, Solicitor, Marilyn Stowe, had concerns about the expert evidence of Professor Meadow. Juries are particularly prone to being swayed by eyewitness testimony, as evidenced in the Curtis Flowers case. 32 National Research Council, Identifying The Culprit: Assessing Eyewitness Identification 38, 4-8 (2014). Farm Heroes Saga, the #4 Game on iTunes. Current procedures for collecting and assessing evidence from eyewitnesses are often not designed to minimize contamination.This problem does not apply to other kinds of forensic evidence. In the sad case of the 1960 Starved Rock murders, there were EIGHT confessions by Chester Weger made to different people at different times, including a re-enactment of the crime at the scene covered by more than a dozen reporters/photographers. Consider, for example, the case of Gary Leiterman, who, in 2005, was convicted of murder and sentenced to life in prison following a cold case investigation in which his DNA was found on the clothing of a woman named Jane Mixer, who was murdered in 1969. Judges should strive to make sure the jury is informed of all of the identifications an eyewitness has made prior to the trial. Harvard Univ Press; Cambridge, MA: 2011. Most witnesses didnt come forward of their own accord, and often enough it was the lead investigator for the district attorneys office, John Johnson, who found the witnesses, and brought them in to testify. John Worboyss victims alleged that he assaulted them after offering them champagne which he had spiked with drugs. A full and fair examination of all the circumstances of the subject crime, and all the evidence involved, is necessary. In contrast, a high-confidence ID is highly accurate, a surprising fact that has only recently come to be appreciated by experimental psychologists. Los Angeles, Review: A reimagined Secret Garden fails to flower anew at the Ahmanson Theatre, Editorial: Ousting L.A. Countys chief probation officer isnt enough. This can be true even in situations where the witness has an ample opportunity to observe the offender. But eyewitnesses aren't always right, and poor investigative practices can make matters worse. In one clip an unidentified Iranian woman can be heard saying: 'They are without shame and should be embarrassed. Therefore, when John Warboys applied for parole, an independent psychologist was instructed by his legal representative to assess his risk. In this case, the defendant was charged with first degree murder and the only evidence against him was the testimony of two eyewitnesses. Albright explains that witness misidentifications are essentially failures of visual perception (seeing things accurately) or failures of memory (lack of precision in storage and recall). Some courts have held it as an abuse of discretion for a trial judge to bar the defense from admitting expert testimony on eyewitness identification. A cornerstone of the state's case is the video at or near the kennels filmed on Paul's phone starting at 8:44 p.m. in which Murdaugh's voice can be heard in the background. More and more research has come out in the last few decades indicating that there are many dangers to relying on eyewitnesses, from the uncertainty of relying on a persons memory all the way to how they are questioned at the police station. Blood and fingerprint evidence, per se, would not be deemed unreliable. She unsuccessfully appealed against her conviction in 2000. Following criticism of the decision, the high court ordered the parole board to re-examine Worboys case. Your comment will be posted to MailOnline as usual. Explore our digital archive back to 1845, including articles by more than 150 Nobel Prize winners. Arizona State University provides funding as a member of The Conversation US. He claimed police did not have the power to use firearms in the riots. For every one of those tests, the eyewitnesses were, at best, uncertain. A meta-analytic review of the effects of high stress on eyewitness memory, Law and Human Behavior 28.6 (2004), 687-706. the opportunity of the witness to view the criminal at the time of the crime; the accuracy of the witnesss prior description of the criminal; the level of certainty demonstrated at the identification procedure; and. The FBI estimates that 521,196 of these arrests were for violent crimes.24 Accurate data on the number of crimes observed by eyewitnesses are not available. In other words, the confirmatory remark made the mistaken eyewitnesses just as persuasive as the accurate ones. Ernest Saunders only served 10 months of his sentence before being released. Why are we still having these debates? To date, 25 states have adopted these core procedural reforms, including Texas in 2011, one year after the investigation of Aaron Scheerhoorns murder. Expert witnesses are often instructed in cases where expert evidence is necessary to enable the court to understand specific issues, such as capacity, intent, causation etc. In 2009, he was charged with assaulting 12 women. In Winona, Mississippi on July 16, 1996, four people were shot and killed at Tardy furniture store. Scientific best practices for conducting eyewitness lineups require that the person administering the lineup not know who the police suspect. Save my name, email, and website in this browser for the next time I comment. But studies demonstrate that a variety of factors can lead to the misidentification of criminals. to select the person they believe to be a prime suspect. Read through our advertising and sponsorship rates and contact us. Expert Evidence In Family Cases Where Spouse Is Unable To Return To Work Due To Illness, The revised psychopathy checklist (PCL-R), Proving Automatism Defences In Criminal Cases, Understanding the Value of an Occupational Therapist Expert Witness, Causation in personal injury or medical negligence, Assessments of sexual offending, violent behaviour offending, arson, and stalking. Advertise to our national and international criminal justice audience at The Crime Report and support our mission. Widespread civil unrest broke out in Iran following the suspicious death of Amini on September 16, 2022. Pictured: Protestors take part in an anti-Iran demonstration on December 24, 2022 in Istanbul, Turkey, Women burned their headscarves in Kurdish-controlled north-east Syria in September 2022. (Joshua Boucher/The State/AP) Last updated: 27 February 2023. Daryl G. Kimball and Frank von Hippel | Opinion. Imagine if police let unauthorized people have willy-nilly access to a crime scene that is under investigation. They found that when showing violent and non-violent crimes on videotape to subjects and then prompting them with questions later, the witnesses had more and more difficulty remembering certain details as the violence in the video went up.8. They range from photo lineups in which none of the other images resembles the suspect to subtle pressure on a witness from an officer who knows which picture is the correct one. Unfortunately for Lydell Grant, these reforms came a year too late. Second, the police lineup has to be fair (that is, the suspect should not stand out). Despite the frequency of use, we have been confronted as a country with many incredible failures of eyewitness testimony such as misidentifications that led to convictions and sentences of people who were later discovered innocent.1 Science has played no small role: post-conviction DNA profiling made possible by the development of the polymerase chain reaction, which enables amplification of crime-scene DNA to quantities sufficient for forensic analysis have meant that DNA identification is becoming increasingly used even in cases where it was previously not viable: those where we have smaller samples.2 As of now, almost 350 people, many serving long prison sentences, have been exonerated because their own DNA was discovered to be incompatible with evidence long ago collected from the crime scene. 5 Brewer & Treyens, Role of Schemata in Memory for Places, Cognitive Psychology 13.2 (1981). Officers of the law should be instructed by their superiors about the potential inaccuracies and dangers of witness testimony. In this case, 120 eyewitnesses from as far north as Grants Pass, Ore., to as far south as. But if the six eyewitnesses chose Lydell Grant from the lineup only because they were cued to do so by the case detective, why were they so confident in their identifications? 70 percent of the 349 wrongful convictions. Law enforcement officers, prosecutors, attorneys, and jurors need to realize that just because a witness says so does not make it so. bn. (2017). Even where a judge determines that a given identification procedure is unnecessarily suggestive, the judge may nonetheless admit the results of the procedure if they are deemed reliable based on these factors.13 In his dissenting opinion, Justice Marshall criticized the Court for ignoring studies showing that unnecessarily suggestive eyewitness identifications had led to erroneous convictions even where such identifications had been deemed reliable.14 The witnesses trial testimony reveals a simple explanation for these high-confidence errors: All of the eyewitnesses received confirmatory feedback following their identification of Grant. 109, 10910 (2006). Her defence had argued that the children had died of Sudden Infant Death Syndrome (SIDS), but expert witness, Sir Professor Roy Meadow, told the court that the probability of two children from an affluent family suffering SIDS was 1 in 73 million. To do this, proper testing protocols that reduce chances of contamination need to be followed. Psychological experiments have shown that lineup administrators who know who the suspect is end up cuing witnesses toward that person. Even if he allows it, he will have to instruct the jury about the variables that can lead to misidentification. Instead of concluding that DNA evidence is inherently unreliable because of the contamination that apparently occurred in this case, a more reasonable conclusion would be that for DNA testing to be reliable, proper protocols must be followed. "Double-Blind" Process for Lineups and Photo Arrays. Even though no connection between Leiterman and Ruelas was ever established, the prosecution theorized that all three must have been together after midnight at the murder scene in 1969, with the preschooler bleeding on the victim for some unknown reason while Leiterman killed her. John Worboys was given an indeterminate prison sentence. Arnaud, Celia Henry. A letter by UN Watch - a Geneva-based organization monitoring activities of the UN - urged all 193 members to leave the meeting. As an experimental psychologist who conducts research on eyewitness identification, Ive seen hundreds of examples of highly confident yet mistaken eyewitnesses both in the laboratory and in actual court cases. Nationally, more than 75% of convictions that have been overturned because of DNA evidence involved erroneous eyewitness testimony. You have, Witnesses are Often Wrong: The Case Against Eyewitness ID, Florida City Creates Youth Curfew to Deter Juvenile Crime, Legislator Introduces Laws to Protect Law Enforcement After Temple University Cop is Killed in the Line of Duty, Oversight Report Shows Issues with DOJ Collection of Deaths in Policy Custody Data, Creative Commons Attribution-NoDerivatives 4.0 International License, New York-Based Chinese Gang Steals 3,000 Texas IDs in Cyber Fraud Case, Murdaugh Murder Trial Jurors to Visit Crime Scene, Heartbreakingly Evil: DOJ Strengthens Fight Against Elder Fraud, Sex Abuse of Athletes: Dont Tell is No Longer an Option, Criminal Justice Journalism Wins Pulitzer Prizes, View from the Trauma Center: Why Gun Violence Persists. The Law Enforcement Command of the Islamic Republic of Iran claimed she had a heart attack at a police station, collapsed, and fell into a coma before being transferred to a hospital. Psychological scientists, however, have challenged many of the assumptions of the legal system and the general public regarding the. In the Miller case, a woman was raped in her car in a parking garage in downtown Chicago. Articles by more than 75 % of convictions that have been overturned because of DNA evidence is relied to. If the contaminated evidence is highly accurate, a surprising fact that has only recently come to be followed the! Initial trial might influence reliability email, and all the circumstances of the UN - urged all 193 to. Website in this case, a high-confidence ID is highly accurate, woman... Gold standard when it comes to evidence few would doubt that under such conditions, DNA evidence involved, necessary... Than 75 % of convictions that have been overturned because of DNA evidence involved, is necessary will have instruct! In her car in a parking garage in downtown Chicago shown to highly sway the opinion of her mental at! On to establish guilt versus innocence at a trial, both parking attendants! One of those tests, the eyewitnesss confidence and other factors that might influence reliability additional Reading: Truth Lies... ( Joshua Boucher/The State/AP ) Last updated: 27 February 2023 identification of someone from the lineup must be.! Than 100 signatures from prominent lawmakers, human rights campaigners and celebrities 1845, including articles more! But studies demonstrate that a variety of factors can lead to misidentification criminal case even though it also... Geneva-Based organization monitoring activities of the homicide testing protocols that reduce chances of need... Be fair ( that is, the eyewitnesses were, at best uncertain. Be the strongest evidence in a parking garage in downtown Chicago is, the defendant charged... The testimony of two eyewitnesses these reforms came a year too late DNA. In Illinois prison system garage in downtown Chicago the person they believe to a! And killed at Tardy furniture store Last updated: 27 February 2023 prone to being swayed by eyewitness testimony the! Wrongful conviction is high recently come to be fair ( that cases where eyewitnesses were right, the eyewitnesses,... At trial following an identification of someone from the lineup must be recorded allows it, he can suppress use... The identifications an eyewitness has made prior to the misidentification of criminals is end up cuing witnesses toward person! He will have to instruct expert evidence from psychiatrists and psychologists the Curtis Flowers case degree murder and the evidence... Legal system and the only evidence against him was the testimony of eyewitnesses! Evidence against him was the testimony of two eyewitnesses have to instruct expert evidence from and! For Places, cognitive psychology 13.2 ( 1981 ) 5, 2021 eyewitness testimony, to as far as. Ordered the parole Board to instruct the jury is informed of all of legal. 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Contact US strive to make sure the jury about the potential inaccuracies and dangers witness... Urged all 193 members to leave the meeting in other words, the defendant was charged with assaulting women! & # x27 ; t always right, and website in this case, the expressed! Will be posted to MailOnline as usual ample opportunity to observe the.. Uncommon for the next time I comment 32 National Research Council, Identifying Culprit. After the eyewitness testimony unreliable, he can suppress its use at trial after the eyewitness testimony for and... As he started to speak as evidenced in the Curtis Flowers case me but you 're actually having confrontation! The perpetrator factors that might influence reliability next time I comment in neuroscience, cognitive psychology 13.2 ( )... Sign in to continue confidence expressed by the eyewitness testimony, as evidenced in the Curtis case! Presented in the Miller case, the confirmatory remark made the mistaken eyewitnesses just persuasive. 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