Great Example of Eyewitness Paper PDF

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1 Running Head: EYEWITNESS TESTIMONY Eyewitness Testimony Eyewitness testimonies are highly regarded as valuable information regarding cases in court. Testimonies have the power to sway votes of the jury members and ultimately dictate the verdict of a case. However, eyewitness testimonies are not always valid or one hundred percent accurate (Grison, Heatherton & Gazzaniga, 2016). In order for an eyewitness testimony to be valid, one must have been present at the scene and seen sufficient amounts of evidence to back their story and facts. Then the witness must be able to recite the events verbatim at a later time to make sure the story has not changed. It has been found that witnesses can accidentally give false information due to factors such as: stress, memory loss, anxiety, and contemplation of what truly occurred. An important factor to take into consideration is the storyline of the eyewitness and if it has changed at all from the original scene. Stress and anxiety play a vital role because the eyewitness knows that what is being said could be the deciding factor in the case. Eyewitness testimonies have positive and negative effects on a case and hold a substantial amount of power in the court. Article 1 The first article goes into depth about how eyewitness’ inaccuracy is the number one leading cause in unjustified convictions. A statistic added on to this is that one in three eyewitnesses make a mistake in their story (American Psychology Association, 2012). How come eyewitness testimonies are coveted when thirty-three percent of them will contain false information? A well-known technique was put into place to analyze the overall process of eyewitness testimonies, the I-I-Eye technique. The interview, identification, and eyewitness factor method details how to appropriately examine the evidence presented at a case (Wise, Fishman, and Safer, 2009). First, people must examine how the process went with law

2 Running Head: EYEWITNESS TESTIMONY enforcement regarding the information they received. Then, law enforcement is examined on their treatment and what steps were taken in the identification stage. The third and final steps goes into how reliable the eyewitness can be based on the timing and presence of the crime scene. For example, if the eyewitness caught a glimpse of the scene at the end, it would not be considered reliable. Another example is if the eyewitness went into a shocked state of mind where their brain basically froze due to the actions that were taking place. If this occurred, it would be hard to consider a source reliable due to factors such as the brain and memory. The I-IEye method not only excels in the intricacy of the overall testimony process, but also how it is used to examine the possible factors that dictate the eyewitness testimony. Jurors are advised to consider each step and then determine if the testimony is reliable and then advance to the next stage of the court case. Article 2 Article two details how the brain and memory can alter one’s thoughts and beliefs and how a person can be affected by them. It has been proven that when a person sees a crime or a significant event, they are less likely to remember specifics due to the anxiety and stress they were put in (Beety, 2012). This also relates back to perception and how perception can dictate the situation. In the Trayvon Martin case, there was a false perception that he was armed and dangerous. This led to unnecessary measures that unfortunately led to his death. Zimmerman, who shot Martin, perceived him to be a dangerous man with a possible weapon attached to him. However, this was not the case and Martin was a young African American man who was heading back from the gas station. In this case, there were multiple eyewitness testimonies that changed over time. People were certain they saw what happened, but then after time went by, they were certain they saw something different. Another way witnesses might have seen something

3 Running Head: EYEWITNESS TESTIMONY different is through other people. This means that other individuals can trick the mind into believing a false idea and then the brain begins to believe it for itself, which causes the change in testimony. But, original testimonies, in this case, were not viewed as incredibly accurate due to the change in stories. Reliability of Eyewitness Testimony This all circulates back to the original query, can eyewitness testimonies be considered reliable sources in court cases today? In the first article, it was believed to be crucial to evaluate the witness testimony and the situation before jumping to any conclusions. Article one detailed how one needs to have all the proper information before making a just decision that can affect another person’s life. One must use rational reasoning before exploiting their verdict. Article two, on the other hand, describes how eyewitness testimonies are invalid and can cause someone to lose their life over it. In the case of Trayvon Martin, the eyewitnesses were not reliable due to their stories continuously changing. The article went on to discuss in detail how there are countless factors, interior and exterior, that can alter one’s beliefs on a case. The reconsolidation process was developed by Karim Nader and Joseph LeDoux and this details how an original thought or belief can be changed over time and morph into a new sense of reality (Grison, Heatherton & Gazzaniga, 2016). This does not occur on purpose; however, through time, the brain takes this information and combines with the other messages a person receives, and then they will begin to see their original thought adapt to something new. Conclusion Through this, it is important to consider all the information available before coming to a decision. The slightest details can have the biggest effects on any case. Regarding eyewitness testimony, it is crucial to consider their information, but to not use their piece as the main source

4 Running Head: EYEWITNESS TESTIMONY of evidence. Both of the articles report how eyewitness testimonies should be taken with caution due to all the factors that can affect their recollection. The memory and brain are two complex parts that are deeply involved in a person’s thoughts and beliefs. The longevity of a person’s memory depends on the genetics and assuming a person’s memory is correct is unjust to the case based off of one’s assumption.

5 Running Head: EYEWITNESS TESTIMONY References American Psychological Association. Brief for amicus curiae, in support of petitioner Perry v. New Hampshire, No. 10-8974, 565 U.S (2012), 10.1002/acp.2895 Beety, V. E. (2012). What the Brain Saw: The Case of Trayvon Martin and the Need for Eyewitness Identification Reform. Denver University Law Review, 90(2), 331–346. Grison, S. & Gazzaniga, M. (2019). Psychology in your life (3rd ed.). New York, NY: Norton & Company, Inc Safer, M. A., Murphy, R. P., Wise, R. A., Bussey, L., Millett, C., & Holfeld, B. (2016). Educating jurors about eyewitness testimony in criminal cases with circumstantial and forensic evidence. International Journal of Law & Psychiatry, 47, 86–92. https://doiorg.lopes.idm.oclc.org/10.1016/j.ijlp.2016.02.041...