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. In contrast, a high-confidence ID is highly accurate, a surprising fact that has only recently come to be appreciated by experimental psychologists. 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 victim, a white female, parked her car in that garage every day and the attendants noticed that as the car approached there was an unknown black male driving the car. It should be revived and approved. Using eyewitnesses to identify a suspect as the perpetrator to the crime is a form of direct testimonial evidence that is used for forensic purposes. Confidence collected at the time of an identification during a double-blind lineup procedure is informative regarding the eyewitnesss accuracy. 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. But a comparison of the pairs mugshots reveals that they bear little physical resemblance to one another beyond both being Black men. (2017). One of my clients, Cleve Heidelberg, was convicted in 1970 of killing a Peoria County, Ill., sheriffs deputy who was responding to a call about an armed robbery at a drive-in movie theatre. The shooter wound up crashing the car and escaping on foot. 'The issue in Iran at the moment is not that of hijab.'. Not so with eyewitness memory. Eyewitness misidentifications are known to have played a role in 70 percent of the 349 wrongful convictions that have been overturned based on DNA evidence (so far). The NRC found that police officers and detectives are frequently uninformed of what the best practices concerning gathering eyewitness testimony are. Additional Reading: Truth, Lies and Police Lineups, The Crime Report, May 5, 2021. Its a stain on our justice system. Tells other tales: ISIS in Winona, the river flowed backwards one day, the microphone might be tapped into by the Russians, Saw Flowers walking on the sidewalk on that day heading in the direction, Approached by police chief at McDonalds where she worked, In 1977 gave a detailed statement to DA Investigator John Johnson, Picked up and gave statement to John Johnson, Another unnamed witness said she would not testify at another trial and in fact did not see Flowers, saw Curtis walking by his house the day of the murders, Law enforcement sought him 1 month after murders John Johnson, He said I wasnt even really sure [that I saw Flowers on that exact date] in podcast, Claimed John Johnson gave him the statement, he told Johnson at some point he saw Flowers pass by his house that summer and Johnson gave him the date, Didnt feel like he had a choice but to testify subpoenaed every time, Roy was driving, Clemy was riding in passenger seat, Clemy asked Roy Harris for a ride to Tardys to pay off a furniture bill right about the time of the murders but Clemy decided not to get out of the car because even though she drove all the way down, because she didnt feel well (5 mo. The subjects who had been asked the leading question were much more likely to choose the slideshow with the yield sign, since their memories had been tampered by the question asked earlier.4 Many studies have since corroborated the findings of Loftus, such as another experiment, where the same effect was reproduced using television screens, and then seeing the effects between the different participants.5 Studies like these have demonstrated the fickle nature of memory, and how details can be changed without the witness really even recognizing it. This created an inherent bias that made the lineup unfair, and likely affected the victims subsequent identification. It gathered more than 100 signatures from prominent lawmakers, human rights campaigners and celebrities. Prior to admitting eyewitness testimony, judges should make inquiries into the reliability of the eyewitness, looking for any indications of unreliability. Another stated that the killers face was burned into [her] memory immediately.. The murder victims cold case evidence was there because the case had recently been reopened; the 1969 preschoolers DNA sample was there as part of an active murder investigation, and Leitermans DNA sample was there because he had recently been arrested for forging a prescription. Officers of the law should be instructed by their superiors about the potential inaccuracies and dangers of witness testimony. Psychological scientists, however, have challenged many of the assumptions of the legal system and the general public regarding the. This section will focus on the courts current treatment of eyewitness testimony. What would that mean for the reliability of the blood or fingerprint evidence, for example, collected at that scene? Given the prevalence and impact eyewitness testimony can have within a criminal case, it is important to take steps to make it a more reliable practice. At the time of his release, Jerry Miller had served over 26 years in prison for a crime he did not commit. Well ask you to confirm this for your first post to Facebook. But in 57 percent of those cases, it was possible to determine what happened on the initial (uncontaminated) memory test. Eyewitness testimony done right L.A. Times Archives Sept. 8, 2011 12 AM PT To many Americans including many jurors eyewitness testimony is the gold standard when it comes to evidence. Type above and press Enter to search. 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. The detective also admitted making a similar comment to at least one other witness. Discover world-changing science. His doctors maintained that he was suffering from pre-senile dementia, and he couldnt remember three numbers backwards or the name of the US president. A neurologist also claimed that Saunders brain was small for a man his age and showed evidence of shrinking. For every one of those tests, the eyewitnesses were, at best, uncertain. Gareth, a Pulitzer prize-winning journalist, is the series editor of Best American Infographics and can be reached at garethideas AT gmail.com or Twitter@garethideas. Demonstrators have cut and burned their head coverings while shouting anti-government slogans. The transcript from Lydell Grants trial revealed that the homicide detective in charge of investigating the case administered the lineup to the eyewitnesses. Until he was released on parole, the 81-year-old Weger ranked as the second longest-held inmate in Illinois prison system. There have been hundreds of cases in which mistaken eyewitness identification testimony led to the conviction of innocent people. Subsequent memory tests, including the dramatic one that occurs in court in front of the jury, constitute contaminated evidence. In the Miller case, a woman was raped in her car in a parking garage in downtown Chicago. The rebuttal comes more than a month into the murder trial of Murdaugh, the 54-year-old disbarred personal injury attorney and member of a dynastic family in South Carolina's Lowcountry, where his . As with all indeterminate sentences, decisions around release are the sole responsibility of the Parole Board. Explore our digital archive back to 1845, including articles by more than 150 Nobel Prize winners. Column: 15 minutes of fame flies by. In 2011, Sally Challen was convicted of murdering her husband before Guildford Crown Court. Speak to our experts today for advice. 4 Defffenbacher, et al. But when the witnesses had received a simple reinforcing comment following their identification (Good job, you got the guy), the mock jurors could no longer tell the difference between accurate and mistaken eyewitnesses. Editorial: Los Angeles County bus riders get no shelter from the storm, Before and after photos from space show storms effect on California reservoirs, Dramatic before and after photos from space show epic snow blanketing SoCal mountains, Yet more rain expected to hit California in March. Moreover, confirmatory feedback can alter witnesses memories of the original crime, making them less able to recognize the actual perpetrator when they see him again. In one of the earliest studies of this misinformation effect run by Elizabeth Loftus, subjects were shown a slideshow of a red car passing a stop sign and hitting a pedestrian. However, there has yet to be research showing what ideal instructions would look like, as each case involving eyewitness testimony varies from each other. Imagine if police let unauthorized people have willy-nilly access to a crime scene that is under investigation. Two other eyewitnesses, a couple, remembered discussing their selection with one another and confirming each others decisions. Police said they believed Weger was a suspect in a rape that had occurred a few years earlier. Iran's foreign minister could not stop smirking as he was grilled about his country's record on women's rights in a combative interview with CNN's Christiane Amanpour on Wednesday. The psychiatrist found that she had an adjustment disorder at the time she killed her husband, enabling her solicitors to challenge her conviction for murder. Farm Heroes Saga, the #4 Game on iTunes. The chance of a lifetime: Five friends ski the tallest mountain in Los Angeles, Shocking, impossible gas bills push restaurants to the brink of closures, Best coffee city in the world? The processes at play in Lydell Grants case are predictable and unfortunately common. However, Solicitor, Marilyn Stowe, had concerns about the expert evidence of Professor Meadow. 'You're supposed to interview me but you're actually having a confrontation with me,' he told Amanpour. If the contaminated evidence is relied on to establish guilt versus innocence at a trial, the risk of a wrongful conviction is high. In this case, the defendant was charged with first degree murder and the only evidence against him was the testimony of two eyewitnesses. 24 Federal Bureau of Investigation, Crime in the United States 2012: Persons Arrested,. A meta-analytic review of the effects of high stress on eyewitness memory, Law and Human Behavior 28.6 (2004), 687-706. John Worboys worked as a cab driver and was charged with sexually assaulting several of his female passengers. An initial eyewitness identification made with low confidence indicates that even though memory was not contaminated, the ID is untrustworthy (that is, by indicating low confidence, the eyewitness is effectively saying, Theres a good chance that Im making an error). In about 70% of these cases, misidentification by one or more eyewitnesses contributed significantly as evidence for conviction.3, Eyewitness Testimony: General Social Science Findings, Throughout history, eyewitness testimony was held up as the golden nugget of evidence. Your comment will be posted to MailOnline as usual. To many Americans including many jurors eyewitness testimony is the gold standard when it comes to evidence. 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. Blood and fingerprint evidence, per se, would not be deemed unreliable. Renowned Expert witnesses include doctors, psychologists, psychiatrists, social workers, and other professionals who are instructed to give expert opinions in legal proceedings. Do you want to automatically post your MailOnline comments to your Facebook Timeline? Once a suspect has established that he was the victim of suggestiveness, a pretrial hearing will be held in which the full range of reasons for possible misidentification are examined. The court tried to deter false identification with a stepped process. 70 percent of the 349 wrongful convictions. It does make sure that photos in a lineup resemble one another.) Once this fact is appreciated, then proper testing protocols can be put in place to minimize the likelihood that the original memory trace is contaminated. 1 Garrett B. Convicting the Innocent: Where Criminal Prosecutions Go Wrong. Recently, post-conviction DNA exonerations of innocent persons have dramatically highlighted the problems with eyewitness identifications. The attendants were also able to have a brief conversation with the driver before he fled on foot. It is used to establish facts in a criminal investigation or prosecution. University of Virginia law professor Brandon Garrett analyzed trial materials for 161 DNA exonerated individuals who had been misidentified with high confidence by one or more eyewitnesses in a court of law. by TCR Staff, The Crime Report May 24, 2021, This and is republished here under a Creative Commons license.
. Andy Hale is a civil rights attorney, specializing in wrongful convictions in Chicago, Illinois. Laura Smalarz does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment. One reported that he had identified Grant without doubt or hesitation. Over time, social science experts were soon quick to point out the errors that were likely to occur leading to an erroneous conviction based on faulty eyewitness testimonies.9 In the wake of the Daubert trilogy cases where judges were urged to be active in their gatekeeping role, the courts began developing stringent threshold requirements that had to be met for admission of an eyewitness testimony. Unfortunately for Lydell Grant, these reforms came a year too late. Read through our advertising and sponsorship rates and contact us. Published: 00:56 EST, 2 March 2023 | Updated: 01:01 EST, 2 March 2023. It was the right decision on the time. Chester Weger was convicted in 1961 of the notorious Starved Rock Murders, in which three women were brutally killed and their bodies left in a park located in LaSalle County, Illinois about two hours southwest of Chicago. Many believe that this conviction was based on contaminated DNA evidence. According to the same theory, 33 years later, in 2002, in an almost inconceivable coincidence, evidence samples from Mixer, Ruelas and Leiterman just happened to be together again in the Michigan State Police Laboratory. Thanks to the work of the Innocence Project of Texas, new DNA testing on biological material collected from underneath the victims fingernails cleared Grant and implicated another man, Jermarico Carter, who police said confessed to the killing. Three of the eyewitnesses reported that the detective told them that they had picked the same person other people had, though the detective himself denied having made such statements. Document Witness Confidence and Videotape Witness Identifications. In addition to implementing double-blind lineup procedures, its essential that lineup administrators document eyewitnesses confidence immediately following an identification. In the Miller case, a. And third, the confidence expressed by the eyewitness following an identification of someone from the lineup must be recorded. To do this we will link your MailOnline account with your Facebook account. Police officers should avoid leading questioning while interviewing potential eyewitnesses, since eyewitnesses might be eager to say what they think will help the investigation, rather than the unblemished version of their memory. Later two slideshows were shown, one with a stop sign and the other with a yield sign and they asked the subjects which was the one they had previously seen. The prosecution then claims that Flowers then walked again from his house to Tardy Furniture to commit the murder, passing an auto body shop and a drycleaner on the way, as well as Highway 51. Juries should also be informed as to the manner of the identification, the eyewitnesss confidence and other factors that might influence reliability. If a judge finds the eyewitness testimony unreliable, he can suppress its use at trial. She was sentenced to life in prison. At his criminal trial, both parking lot attendants identified Miller as the perpetrator. Therefore, it is important that the individuals allowed to testify are accurate in their recollections. Does Irans Foreign Minister accept women can peacefully protest for change in Iran? Gov. But studies demonstrate that a variety of factors can lead to the misidentification of criminals. What law enforcementand the publicneeds to know. 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. In other cases, the circumstances of a purported witness identification may be flimsy; yet the prosecutors still rely on that identification, which is then presented as rock-solid evidence at trial. Medicolegal court reports are requested where expert witness evidence is required. In 1932, Yale University law professor Edwin M. Borchard documented nearly seventy cases of miscarriage of justice caused by eyewitness errors in his book, Convicting the Innocent.22
Mr. Ernest Saunders only served 10 months of his sentence before being released. Alex Murdaugh's defense attorneys will deliver their closing arguments in his murder trial on Thursday as they seek to raise reasonable doubt about whether he killed his wife and son in 2021. This helps to safeguard against overly eager police officers who might implicitly encourage eyewitnesses (with tone of voice, body language, etc.) But eyewitnesses allege she was severely beaten and died as a result of police brutality. Out on his porch and saw Flowers walking by that morning. 8 Clifford & Hollin, Effects Of the Type of Incident and the Number of Perpetrators on Eyewitness Memory, Journal of Applied Psychology 66.3 (1981). 14 Manson, 432 U.S. 98, 12526 (Marshall, J., dissenting). 13 See Timothy P. OToole & Giovanna Shay, Manson v. Brathwaite Revisited: Towards a New Rule of Decision for Due Process Challenges to Eyewitness Identification Procedures, 41 Val. 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
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. 31 Elizabeth Loftus, Eyewitness Science and the Legal System, 14 Annual Review of Law and Social Science 110 (2018). 26 The Innocence Project, DNA Exoneree Case Profiles,. (Joshua Boucher/The State/AP) 22 Edwin M. Borchard, Convicting the Innocent: Sixty-Five Actual Errors of Criminal Justice (New York: Garden City Publishing Company, Inc., 1932). In much the same way, an eyewitness can be led to falsely remember someone committing a crime that was actually committed by someone else. Finally, a witness may have more difficulty making a correct identification when he and the suspect are of different races. 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. EvgeniyShkolenko/iStock via Getty Images Plus, Chicago Sun-Times/Chicago Daily News/Chicago History Museum via Getty Images, Scientific best practices for conducting eyewitness lineups, smile when witnesses are looking at the suspect, no longer tell the difference between accurate and mistaken eyewitnesses, alter witnesses memories of the original crime, less able to recognize the actual perpetrator, is informative regarding the eyewitnesss accuracy, 25 states have adopted these core procedural reforms, Committee Member - MNF Research Advisory Committee, PhD Scholarship - Uncle Isaac Brown Indigenous Scholarship. But eyewitnesses aren't always right, and poor investigative practices can make matters worse. Following a protracted trial,Saunders was found guilty ofconspiracy, theft, and false accounting. Arnold Schwarzenegger vetoed legislation that, among other things, would have set up a task force to examine eyewitness testimony and establish voluntary guidelines to ensure that it was accurate. Instrumental to the prosecutions theory was the testimony of at least twelve witnesses, each placing Flowers along a discrete portion of the route he was supposed to have traveled that day. The time of his release, Jerry Miller had served over 26 years in prison for a man his and... Head coverings while shouting anti-government slogans have willy-nilly access to cases where eyewitnesses were right Crime he did not commit our digital back! What the best practices concerning gathering eyewitness testimony is the gold standard when it comes to evidence case Profiles.... 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