What is eyewitness testimony?

Eyewitness testimony, while historically considered a powerful form of evidence in criminal trials, is fraught with reliability issues. Several key factors contribute to these concerns: 1. Memory Distortions and Biases: - Memory is not a video recorder: It does not accurately record experiences but rather constructs stories based on those experiences, which can be influenced by various biases and can change over time[1][4]. - Stress and Trauma: High levels of stress and trauma can inhibit memory formation and lead to inaccurate recollections[2][4]. - Cross-Racial Misidentifications: There is a higher rate of misidentification when the witness and suspect are of different races. For example, 41% of the 358 exonerations through DNA evidence involved cross-racial misidentifications[1][4]. 2. Factors Affecting Eyewitness Accuracy: - Focus on Weapons: Witnesses often focus more on the weapon used in a crime than the suspect's face, leading to inaccurate descriptions[2]. - Suggestive Lineups and Identification Procedures: The way lineups and photo arrays are conducted can steer witnesses towards a particular outcome[2][5]. - Brief Viewing Times: Short exposure to the suspect can reduce the accuracy of eyewitness identifications[4]. - Disguises and Lack of Distinctive Characteristics: The use of disguises by perpetrators and the lack of distinctive features can make accurate identification more difficult[4]. 3. Confidence and Retrieval Effort: - Confidence Does Not Equal Accuracy: Witnesses can be very confident in their identifications yet still be incorrect. Over time, witnesses may become more confident in their incorrect identifications without an increase in accuracy[3]. - Retrieval Effort Cues: Indicators of effortful memory retrieval, such as pausing and hedging, are more common in incorrect recall[3]. 4. Statistical Evidence: - High Rate of Misidentifications: 71% of the 358 individuals exonerated through DNA evidence had been convicted based on eyewitness misidentification, with an average of 14 years served in prison before exoneration[1][4]. Given these issues, it is crucial to approach eyewitness testimony with caution and to implement procedures that can improve the accuracy of eyewitness identifications, such as those recommended by the National Academy of Sciences in their report Identifying the Culprit: Assessing Eyewitness Identification[5]. Sources: - [1] www.psychologicalscience.org - [2] www.houghlaw.com - [3] www.ncbi.nlm.nih.gov - [4] yipinstitute.org - [5] www.ncbi.nlm.nih.gov

Sample Answer