Troy davis case shows need for eyewitness identification. After 32 years in prison, darrell jones not guilty. Nov 02, 20 false memories, false convictions by jake glazener. In a legal sense, eyewitness testimony refers to an individual giving an account of an event they witnessed. That faulty eyewitness identifications are a prodigious source of false convictions has become an almost undisputed realm for police reform. Research has found that eyewitness identification testimony can be very unreliable. While eyewitness testimony can be persuasive evidence to a judge or jury, 30 years of strong social science research has proven that eyewitness identification is often unreliable. The reliability if an eyewitness testimony is questionable. Beginning in the 1990s, forensic dna testing has revealed hundreds of cases of wrongful convictions. Turns out eyewitness testimony is one of the least reliable forms of. But in many reallife cases, such mistakes can be deadly.
Lesley stahl reports on flaws in eyewitness testimony that are at the heart of the dna exonerations of falsely convicted people like ronald cotton. They cover many of the ideas i have mentioned above, in addition to the notion that witnesses memories of an emotional event such as a police shooting can change drastically over time. Therefore it is critically important to capture an eyewitnesss level of confidence at the point in time that an identification is made. Mistaken eyewitnesses have played a role in 75 percent of the 273 dna exonerations nationwide, according to the justice brandeis innocence project at brandeis university. Summaries of 46 cases in which mistaken or perjured eyewitness. Mar 08, 2009 it was hot and humid in burlington, n. Eyewitness identification reform innocence project. In fact, eyewitness misidentification has played a role in more than 70 percent of wrongfully convicted individuals, according to the innocence project.
For all the importance of eyewitness testimony to the justice system, witnesses can and do get things wrong. He was later exonerated when fingerprint analysis tied the crime to jessie perry right. Eyewitness misidentification contributed to approximately 71% of the more than 300 wrongful convictions in the united states overturned by postconviction dna evidence. They found that subjects in a more negative mood were less likely to recall false memories implanted previously storbeck and clore, 2005. Wrongfully convicted by an inaccurate eyewitness abc news. The devlin committee looked into a number of cases that had been proven as wrongful convictions due to eyewitnesses misidentification, these cases ranged from 1908 1972. It usually refers to a victim or bystander who is describing what they observed during a specific event under investigation, such as a robbery, accident or murder. Prominent legal cases of the 1980s and 1990s sparked lengthy debates and important research questions surrounding the fallibility and general reliability of memory. Apr 01, 2015 when eyewitness testimony goes horribly wrong.
An eyewitness false identification of an innocent suspect as the perpetrator of a crime, or eyewitness misidentification, is the single greatest cause of wrongful conviction in the u. He was acquitted in a retrial after a court ruled jurors must be told of the risks of witness ids. The evidence at trial included a flashlight found in cottons home that resembled one used by the assailant and rubber from cottons shoe that was consistent with rubber found at one of the crime scenes, but overwhelmingly the evidence rested on the identification and the flawed eyewitness identification procedures used by police at the time. When mistaken eyewitness testimony leads to death center. Eyewitness testimony is most frequent cause of wrongful convictions. Sep 05, 2018 misreporting a ufo or bigfoot will likely have few consequences, except perhaps for the eyewitnesss credibility. In the majority of cases where dna evidence has exonerated someone wrongly convicted, the initial. Johnson and scott 1976 demonstrated this with two groups of participants. The aim of this essay is assessing how reliable the eyewitness testimony and explained how false memories can be created and implemented in the memory, this would also be backed by studies conducted by researchers. A crime that occurs when an individual willfully makes a false statement during a judicial proceeding, after he or she has taken an oath to speak the truth.
To help the amount of wrongful convictions, judges, jurors and prosecutors need to be better educated in eyewitness testimonies and the factors that. Beginning in the 1990s, forensic dna testing has revealed hundreds of cases of wrongful. Why eyewitnesses give false evidence and how we can stop. The case rested solely on the testimony of the victim. Critical time is lost while police are distracted from the real perpetrator, focusing instead on building the case against an innocent person. It refers to an account given by people of an event they have witnessed. The ronald cotton case was not a oneoff incident in which eyewitness testimony failed. According to the innocence project at the cardozo school of law, eyewitness misidentification has played a significant role in over 75% of the more. For example they may be required to give a description at a trial of a robbery or a road accident someone has seen.
Somewhere along the line, witnesses had forgotten faces they had actually seen and created false memories of other perpetrators. The witness may be so certain that the person that thy are pointing out is one hundred per cent the suspect or they could be so certain when it comes to retelling the incident, although these people are so sure on what it is they are doing, their testimony cannot always accurate. Despite what juries tend to believe, the memories of witnesses are far from foolproof, a critical issue in the murder. In fact, mistaken eyewitness testimony is the single biggest contributor to wrongful convictions. How to improve the accuracy of eyewitness identifications. Julius earl ruffin knows all too well how inaccurate eyewitness identification can be. Eyewitness testimony and memory biases by cara laney and elizabeth f. The claim that eyewitness testimony is reliable and accurate is testable, and the research is. Why eyewitnesses give false evidence and how we can stop them.
As part of our series of original reporting called in focus, cbs this morning looks at how eyewitness testimony, once considered the gold standard of evidence, results in many wrongful. One of the most famous cases of inaccurate eyewitness testimony involved jennifer. As the lee case shows, however, it comes with a cost. True crime false memory is a podcast designed to bring you true stories of actual cases of innocent people who were mistakenly identified by eyewitnesses, wrongfully accused, and put on trial for crime they didnt commit. The juan rivera case is a prime example of how much weight a false confession can carry. Eyewitness testimony is a crucial aspect in the justice system of the united states. Mistaken eyewitness testimony is far too common in wrongful imprisonment cases within the past few weeks, two houstonians have been released from prison after serving a total of 46. And in 36 percent of those cases, more than one eyewitness made the same mistake. Mar 12, 2015 the 10 worst failures of eyewitness testimony part one march 12, 2015 other. Jennifer thompson, then a 22yearold college student, had gone to bed early in her offcampus apartment. Faulty eyewitness testimony led to the deaths of two people in an ohio walmart in august of this year.
False memories, false convictions great plains skeptic. Eyewitness testimony its often thought of as solid evidence in criminal cases, but researchers including iowa state universitys gary wells have. False memories can arise from misattribution, suggestion, or bias, and are a normal part of everyday memory. False memories and eyewitness testimonies how do they. Another realworld example of eyewitness unreliability. Eyewitness testimony is most frequent cause of wrongful. On august 17, 1992, an 11year old girl named holly staker was raped and murdered while babysitting in waukegan, illinois. Tuesday, jurors found him not guilty in his retrial. Consequences of false memories in eyewitness testimony. This includes identification of perpetrators, details of the crime scene etc. The commonlaw crime of perjury is now governed by both state and federal laws. How to analyze the accuracy of eyewitness testimony in a. Research has found that eyewitnessidentification testimony can be very unreliable.
Eyewitness testimony is considered by juries to be a reliable form of evidence, if a person saw something happen then surely it happened. The 10 worst failures of eyewitness testimony part one. Pdf consequences of false memories in eyewitness testimony. Eyewitness testimony put innocent persons on death row. William barry, who he calls dad, following his release on bail in 2017 after serving 32 years in prison. Law enforcement and the courts should follow the recommendations of social scientists when using and assessing eyewitness techniques, such as lineups, in criminal cases. Mistaken identity american psychological association. Sep 26, 2012 of the 297 cases that have been overturned by dna evidence in the united states, more than 70 percent were based on eyewitness testimony. Dec 17, 2009 wrongfully convicted by an inaccurate eyewitness.
Summaries of 46 cases in which mistaken or perjured. At that point abc news correspondent john quinones walked over to let people know that what just happened was not an actual robbery but instead. The list of cases of people being wrongfully convicted based on eyewitness testimony, only to be later exonerated, is far longer than it should be in fact the innocence project states that eyewitness misidentification has played a role in over 70% of. A history of contested death penalty cases part of the problem with eyewitness statements comes from the mismatch between an eyewitness sureness in their memories and the true accuracy of.
New research reveals how little we can trust eyewitnesses. The accuracy of an eyewitness testimony case briefs. Eyewitness misidentification new england innocence project. His convictions were based largely on flawed eyewitness identification procedures used by police at the time. When eyewitness testimony goes horribly wrong vice. Eyewitness testimony on trial a supreme court case raises fascinating, eerie questions about the reliability of eyewitness testimony and how courts should deal with it. False testimony legal definition of false testimony. Factors such as the presence of a weapon when a crime is being committed can affect our ability to recall events clearly. A tip from an informant eventually led authorities to 19year old juan rivera, who had an iq of 79 and was in custody on a burglary. Misreporting a ufo or bigfoot will likely have few consequences, except perhaps for the eyewitness s credibility. He found that sequential lineups resulted in a significant decrease in the false. And then in 2018, innocence project new orleans took his case. The case rested solely on the testimony of the victim, ann meng, a young mother of three who confidently pointed to ruffin as her assailant.
With the many cases where an eyewitness testimony has wrongfully convicted a suspect, one would think that the use of eyewitness evidence as the most important piece of evidence would be removed. Mar 18, 2019 otis boone was convicted of two cellphone robberies and sentenced to 25 years in prison. The trouble with eyewitness identification testimony in. The problem of faulty or outright false eyewitness testimony is only compounded when prosecutors and police withhold evidence that a defense lawyer could. The discovery of false memories has had widereaching implications, particularly in court cases, where accurate eyewitness testimonies are essential. Dna exonerations in the united states innocence project. Is eyewitness identification more reliable than we think. Because memory is so full of holes and flawed, as a witness gets exposed to a suspect, their memory of the case moves toward the suspect, nancy franklin, a psychology professor at stony. Jul 04, 2015 the capability of adult and child witnesses to accurately recollect events from the past and provide reliable testimony has been hotly debated for more than 100 years. The exoneration of kash register and the problem of false. Davis execution has been scheduled 4 times, and appealed again and again. Eyewitness memory is a lot more reliable than you think. Dec 17, 20 the problem of faulty or outright false eyewitness testimony is only compounded when prosecutors and police withhold evidence that a defense lawyer could use to destroy the credibility of these. Troy davis is scheduled to be executed today, charged with murdering a savannah police officer in 1989.
False memories, although inaccurate, are often just as compelling as true. Eyewitness testimony may only be credible under these. Ronald cotton was exonerated in 1995, after spending over 10 years in prison for crimes he did not commit. Eyewitness testimony condemned our client to 34 years in. The most recent appeal to halt the lethal injection was rejected yesterday and it seems davis attorneys are out of options. Next, determine whether the identification procedures in the case were fair and unbiased finally, evaluate what eyewitness factors during the crime are likely to have increased or decreased the accuracy of the eyewitness testimony.
Once an eyewitness gets to court to give testimony, false memories may have become crystallized. Summaries of 46 cases in which mistaken or perjured eyewitness testimony put innocent persons on death row adams, randall dale convicted 1977, exonerated 1989 mr. 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. In 1976, in the uk, the devlin committee was formed to investigate the reliability of eyewitness testimony, the devlin committee released its findings in the devlin report. But increasingly it is being found that this is not the case. Extensive interviews with the people involved in the case as well as elizabeth loftus and gary wells. False confessions, mistaken witnesses, corrupt investigators. Sep 22, 2011 in fact, mistaken eyewitness testimony is the single biggest contributor to wrongful convictions.
Newirth notes that eyewitness testimony played a key role in the convictions of more than 70 percent of people later exonerated through dna evidence. Those witnesses were not liars or jailhouse snitches but ordinary people utterly convinced that their memories were accurate. Jul 30, 2015 eyewitness testimony its often thought of as solid evidence in criminal cases, but researchers including iowa state universitys gary wells have found that our memories arent as reliable as. Such a ruling would have led to injustice in many cases that are based largely on eyewitness testimony. The innocence project endorses a range of procedural reforms to improve the accuracy of eyewitness identification. Sep 21, 2011 update 92711 npr just published an excellent article that examines the debate over using eyewitness testimony to convict suspects in death penalty cases. Dec 21, 2015 once an eyewitness gets to court to give testimony, false memories may have become crystallized. Troy davis case shows need for eyewitness identification reform. The mcmartin and wee care nursery cases are the most widely documented in the scientific community surrounding child eyewitness testimony. Attachment a summaries of 46 cases in which mistaken or perjured eyewitness testimony put innocent persons on death row adams, randall dale convicted 1977, exonerated 1989 mr. Eyewitnesses can provide very compelling legal testimony, but rather than recording experiences flawlessly, their memories are susceptible to a variety of errors and biases. For example, conducting proper eyewitness interviews and identification procedures substantially strengthen prosecutors cases, help alleviate increasing juror concerns about the reliability of eyewitness testimony, and reduce defendants use of eyewitness expert testimony.
Aug 25, 2015 the ronald cotton case was not a oneoff incident in which eyewitness testimony failed. Eyewitness misidentification midwest innocence project. Eyewitnesses statements often play a vital role in securing criminal convictions police surveys show that eyewitness testimony is the main form. Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through dna testing. Oct 03, 2014 such moments have a powerful sway on jurors who decide the fate of thousands of people every day in criminal cases. How faulty eyewitness testimony can lead to wrongful. Mistaken eyewitness testimony is far too common in wrongful imprisonment cases mistaken eyewitness testimony is far too common in wrongful imprisonment cases. May 16, 2001 nor, given the stark facts about eyewitness unreliability, could the court of appeals approve a blanket rule of inadmissibility.
Their story has become another classic example of the fragile nature of eyewitness testimony. Contrary to what most people think, memory does not operate like a videotape. False memories can result in severe legal consequences including the imprisonment of innocent people. Earlier this year, the louisiana legislature passed a law to try to prevent these kinds of cases. Adams was sentenced to death for the murder of a police officer in dallas county, texas. One of their concerns that eyewitness testimony in the case had been recanted also concerns cognitive scientists. In fact, the only physical evidence collected from the scene were some bullets and shell casings no dna or fingerprints, and all but 2 of the witnesses have since altered their testimony, citing police coercion in accusing davis. Eyewitness misidentification department of public advocacy.
Victim of eyewitness testimony psychology in action. Of the 297 cases that have been overturned by dna evidence in the united states, more than 70 percent were based on eyewitness testimony. False memory in eyewitnesses is the largest factor contributing to miscarriages of justice in. The repeated interviewing, the suggestive and coercive nature of the questioning and the length of the interrogations are among the factors in these cases that ultimately led to many false allegations. Examples like this remind us of how inaccurate eyewitness testimony can be, whether its a witness to a crime in a court of law, or a hunter who claims he saw bigfoot in the oregon woods. Man falsely convicted of 1957 murder of 7yearold girl seeks declaration of innocence. Eyewitness testimony can be tragically mistaken live science.
Eyewitness testimony continues to be commonplace in law enforcement and trials. Attorney kia hayes hoped for dna testing of that cup, but investigators never. In many cases, a persons guilt or innocence may be decided almost solely on the testimony of a witness who reportedly saw the act take place. An eyewitness testimony is a legal expression, which refers to an occasion witnessed by any individual. Examining these memory distortions can help us better understand normal memory and its reconstructive nature. For the first time, memory experts will be allowed to. Oct 27, 2016 why eyewitnesses give false evidence and how we can stop them. Jun, 2017 eyewitness memory is a lot more reliable than you think. The 10 worst failures of eyewitness testimony part one march 12, 2015 other.
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