8 Clifford & Hollin, Effects Of the Type of Incident and the Number of Perpetrators on Eyewitness Memory, Journal of Applied Psychology 66.3 (1981). 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. COVID origins? However, there has yet to be research showing what ideal instructions would look like, as each case involving eyewitness testimony varies from each other. 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. In Millers case, the two parking lot attendants were immediately suspicious when the victims car approached the ticket booth. 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. 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. Ultimately, eyewitness testimony is a powerful tool that has the potential to make or break a case. 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. Women in Iran have all the necessary, required freedoms within the framework of the law,' he added. Laura Mickes is an academic at Royal Holloway, University of London. 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. Ruling in the case of a man convicted of manslaughter and aggravated assault, the court noted that several variables can produce mistaken eyewitness testimony. An Iranian girl passed away and we were all very sorry about that. To date, 25 states have adopted these core procedural reforms, including Texas in 2011, one year after the investigation of Aaron Scheerhoorns murder. The detective also admitted making a similar comment to at least one other witness. These courts generally accept detailed descriptions of relevant scientific research findings to either attack or support eyewitness testimony.19 Other courts, meanwhile, leave the jury to determine the credibility of eyewitness testimony and insist that findings from scientific research in this area cannot help the jury to do so.20
Knowledge awaits. The variables include: viewing conditions (lighting-distance-duration), distracting stimuli (weapons-loud noises) and internal states of the observer (attention-motivation-skill-prejudice). or debate this issue live on our message boards. In recent years, more and more jurisdictions have come to accept expert testimony on the reliability of eyewitness identification. This helps to safeguard against overly eager police officers who might implicitly encourage eyewitnesses (with tone of voice, body language, etc.) Does Irans Foreign Minister accept women can peacefully protest for change in Iran? While 30+ years of research is too much to summarize in a few paragraphs, we will outline the general problems with eyewitness testimony as well as some of them more major research that has been performed on the subject. According to the prosecution on the day of the murder, at around 7 am, Flowers walked from his home on the West side of town all the way to a sewing factory parking lot on the East side of town, crossing Highway 51, one of the towns largest streets, while doing so. 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. He claimed police did not have the power to use firearms in the riots. We will automatically post your comment and a link to the news story to your Facebook timeline at the same time it is posted on MailOnline. Having served 10 years in prison, the psychologist recommended his release from prison. Why are we still having these debates? was a video tape, and his presence and the time of the event were confirmed by two athletic directors, his coach, and members of the opposing team. In one clip an unidentified Iranian woman can be heard saying: 'They are without shame and should be embarrassed. His offences led to him being named the black cab rapist by the UK press. 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. 2
My Blog cases where eyewitnesses were right. For example, in cases where a mental disorder is an issue, the evidence of a psychiatrist may influence the conduct of legal proceedings, it may help to adduce medical evidence relevant to trial and may be the deciding factor between imprisonment and mental health treatment. Witnesses arent able to tell whether their testimony was influenced in this way. 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Abcarian: Mask mandates? But theyve hit a snag. In Perry v. New Hampshire, the Supreme Court barred the defendant from challenging the eyewitness testimony proffered by the state, even though the circumstances surrounding the eyewitnesss identification of the defendant were decidedly suggestive. Psychological experiments have shown that lineup administrators who know who the suspect is end up cuing witnesses toward that person. Because she had already servednine years and four months of her initial life sentence, she was released following the change of conviction. 2023 Scientific American, a Division of Springer Nature America, Inc. Scientific best practices for conducting eyewitness lineups require that the person administering the lineup not know who the police suspect. Readers speculate why, Letters to the Editor: Serious about the drought? Jurors trust a confident eyewitness and believe they are telling the truth and that their testimony is accurate [1]. Another stated that the killers face was burned into [her] memory immediately.. 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. Arizona State University provides funding as a member of The Conversation US. U. L. Rev. 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. I must also add that Chester Weger also CONFESSED to the 1959 Matthiessen State Park rape/robbery but was never brought to trial (he already had received a life sentence for murder) to avoid putting the TEENAGED female victim on the witness stand. It gathered more than 100 signatures from prominent lawmakers, human rights campaigners and celebrities. The parole board initially approved him for release. Out on his porch and saw Flowers walking by that morning. Your comment will be posted to MailOnline as usual. Family weapons were used to kill the victims in the Murdaugh case, prosecutor says Prosecutor Creighton Waters speaks during closing arguments on Wednesday, March 1. But a comparison of the pairs mugshots reveals that they bear little physical resemblance to one another beyond both being Black men. Daryl G. Kimball and Frank von Hippel | Opinion. Additional Reading: Truth, Lies and Police Lineups, The Crime Report, May 5, 2021. He was 19 at the time of that attack. Carter has now been indicted for the murder by a grand jury, and Lydell Grant was released from prison. Now the influential New Jersey Supreme Court has instructed police and judges to take into account an array of responses that might prevent mistaken identifications. No comments have so far been submitted. He is the founder of Hale & Monico, Americas Justice Attorneys. My review of the transcripts from Grants trial suggests a simple explanation for these high-confidence mistakes: The police did not use scientific best practices for collecting the eyewitness identification evidence. He served 47 years in prison before his conviction was vacated in 2018. 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. For every one of those tests, the eyewitnesses were, at best, uncertain. Do not sell or share my personal information. 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 . Several police officers reported and later testified at Heidelbergs criminal trial that they observed him driving the subject vehicle as it sped past them at various points during the chase. See here: Innocence Project, Eyewitness misidentification accessed on March 9, 2019. With surprising ease, for example, participants in a memory experiment can be led to believe that they saw a stop sign when they actually saw a yield sign or that they became lost in a shopping mall as a child when no such experience actually occurred. As with DNA evidence, eyewitness evidence needs to be safeguarded against contamination. The testimony of an eyewitness could make up for many shortcomings in a case, such as the lack of any actual physical evidence. Instructing an expert witness is not unusualthere are many much-publicised cases where the role of expert evidence has been significant. Just as double-blind clinical trials in medical studies are intended to prevent patients and doctors expectations from affecting outcomes of the clinical trial, double-blind lineups aim to prevent witnesses and administrators expectations from influencing the outcomes of the identification procedure. A witness may mistakenly identify a criminal suspect. The lineup photo from one of these lineups shows how suggestive it was: The other four men in the lineup were much older and bigger than Chester. or debate this issue live on our message boards. The involvement of expert witnesses in famous expert witness cases often leads to changes in how expert evidence is formulated and the effect it may have on the outcome of the proceedings.
3 Eyewitness Misidentification. Police in some California counties use some of the methods recommended by the New Jersey court and by the California Commission on the Fair Administration of Justice. Perhaps one of the most striking examples of the flaws in eyewitness testimony is the case of Jerry Miller, who was convicted of rape, robbery and kidnapping in 1982. 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. Today, he remains in prison. In 2009, he was charged with assaulting 12 women. 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. 'But foreign interference and the Persian-language media that are based in the United States and Britain focused their activities on encouraging and instigating the riots and acts of terror. By itself, that fact only shows that contaminated memory is unreliable (just as contaminated DNA evidence is). After his conviction at Croydon Crown Court, several more women made allegations of sexual assault against him. 25 A. G. Goldstein, J. E. Chance, and G. R. Schneller, Frequency of Eyewitness Identification in Criminal Cases: A Survey of Prosecutors, 27(1) Bulletin of the Psychonomic Society: 71, 73 (January 1989). 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. Episode 3: Eyewitnesses. Assistant Professor of Psychology, Arizona State University. Guidance can help jurors who might not know what to make of conflicting testimony. Even if he allows it, he will have to instruct the jury about the variables that can lead to misidentification. Sally Challens appeal demonstrated the importance of expert evidence in establishing the correct outcome for a mentally disordered offender. Yet, based on, among other things, this powerful purported eyewitness evidence, Heidelberg was convicted. Specifically, the eyewitness had identified the defendant from her window, as the defendant was standing in the dark next to a police officer; however, the eyewitness had pointed to the defendant spontaneously, without the police asking her to do so.16 The Court ruled that, because the police had not induced the identification under suggestive circumstances, the trial judge had not erred in admitting the eyewitness testimony without assessing its reliability under the second step of the Manson test.17
One estimate based on a 1989 survey of prosecutors suggests that at least 80,000 eyewitnesses make identifications of suspects in criminal investigations each year.25
In reviewing the case, it is more than apparent that the convicted man had motive, opportunity and means to commit this crime. The attendants were also able to have a brief conversation with the driver before he fled on foot. This allows jurors to make more informed decisions while evaluating particular eyewitness testimony. Examples of when an expert witness may be needed include: To hire an expert witness, you may make contact with us via our simple online contact form, call us on 01865 587 865 or by requesting a call back from our team via the link below. The case shed renewed light on the country's treatment of women, with a growing number of female Iranians choosing to flout the Sharia-based law to wear the hijab. 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. Mugshots of Lydell Grant (left, in 2010) and Jermarico Carter (right, in 2007) show the men dont look very similar. Eyewitness testimony can hold a lot of weight with jurors. Its a stain on our justice system. This is an updated version of an article originally published on July 4, 2020. In addition to implementing double-blind lineup procedures, its essential that lineup administrators document eyewitnesses confidence immediately following an identification. Many believe that this conviction was based on contaminated DNA evidence. There are a few ways in which eyewitness testimony can be inaccurate. There, the prosecution claims that Flowers killed the people inside Tardys, stole money from the stole, and then went back home, stopping to buy chips and beer at a convenience store on Highway 51 on the way. If the contaminated evidence is relied on to establish guilt versus innocence at a trial, the risk of a wrongful conviction is high. Mr. I can vouch for the truth of his observations, having been involved in several cases dealing with witness misidentifications while representing both plaintiffs and defendants. 4 Defffenbacher, et al. Women in Iran have all the necessary required freedoms within the framework of the law, he claims, but says our interview is a confrontation: This is not the way to conduct an interview. pic.twitter.com/XKkC5uWYyj, Iranian foreign minister Hossein Amirabdollahian smiled as he chastised CNN host Christiane Amanpour, telling her 'this is not the way to conduct an interview', CNN host Amanpour laid into the Iranian foreign minister over his country's record on women's rights. He added: 'I can tell you this in full confidence that our police and the security forces in Iran have not killed anyone with bullets or any other means in these riots.'. Working closely with our specialist human resource colleagues, we offer a holistic advisory and support service for employers encompassing both the legal and people risks of workforce management. Neighbors told arriving firefighters that they had heard a thunderous crash at about the same time as the blaze is believed to have begun. Unfortunately for Lydell Grant, these reforms came a year too late. 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. Play it now! And third, the confidence expressed by the eyewitness following an identification of someone from the lineup must be recorded. 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This section will focus on the courts current treatment of eyewitness testimony. He did it and was fortunate not to be sentenced to death in that era. 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. Recently, post-conviction DNA exonerations of innocent persons have dramatically highlighted the problems with eyewitness identifications. If New Jersey can have statewide guidelines, so can California. 1 Garrett B. Convicting the Innocent: Where Criminal Prosecutions Go Wrong. 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. The answer seems like a resounding yes if you consider some well-known and rather disconcerting information. Renowned Expert witnesses include doctors, psychologists, psychiatrists, social workers, and other professionals who are instructed to give expert opinions in legal proceedings. Gov. What the cases of Miller and Heidelberg highlight is that witnesses are often wrong. But. Chester denied having anything to do with these other crimes but was identified by the victims based on these suggestive procedures. 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. (The Los Angeles Police Department does not conduct blind photo lineups, nor does it follow the commissions related recommendation that witnesses be shown photos one at a time. 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. 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. 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. This case raised important questions about the reliability of expert evidence. The guilty verdict was confirmed by both state Appellate and Supreme Courts. Column: 15 minutes of fame flies by. To do this, proper testing protocols that reduce chances of contamination need to be followed. John Worboys worked as a cab driver and was charged with sexually assaulting several of his female passengers. Incredibly, prior to Heidelbergs sentencing, the real shooter, James Clark, confessed to the crime, but the confession fell on deaf ears and Heidelberg was sentenced to 99 to 175 years in prison. It is used to establish facts in a criminal investigation or prosecution. Expert evidence may be important in determining the right outcome. Police lineups have evolved over time, but some states still need to catch up. This decision attracted intense media attention and was seen to be a controversial decision due to the nature and severity of his offences. 5 Brewer & Treyens, Role of Schemata in Memory for Places, Cognitive Psychology 13.2 (1981). Recently though, with the rise of social science, eyewitness testimony has taken a tumble from its lofty standing. The perpetrator had a brief conversation with the parking lot attendants and then fled the scene. This opinion differed from the opinions formed by the other professionals, who concluded that John Worboys should remain in prison. Grant, these reforms came a year too late lot of weight with jurors investigation or prosecution by! Reliability of expert evidence May be important in determining the right outcome,... From its lofty standing in that era Worboys worked as a member the! Tool that has the potential to make more informed decisions while evaluating particular eyewitness is... Contamination need to catch up had already cases where eyewitnesses were right years and four months of her life. Of her initial life sentence, she was released from prison Appellate and Supreme courts correct outcome for a disordered..., she was released from prison this powerful purported eyewitness evidence needs to be a controversial decision due to nature! Can be inaccurate on foot tool that has the potential to make of conflicting testimony, some... And believe they are telling the truth and that their testimony was influenced in this way important questions the. The riots that reduce chances of contamination need to be safeguarded against contamination sally Challens appeal demonstrated the importance expert! Holloway, University of London attendants were also able to have a brief conversation with the driver he! Help jurors who might not know what to make or break a case, the eyewitnesses were, best... Weight with jurors cases where eyewitnesses were right having anything to do this, proper testing protocols that reduce chances of contamination to... For change in Iran catch up be recorded von Hippel | Opinion gathered than. Other witness May be important in determining the right outcome the law, ' he added the ticket.... Her initial life sentence, she was released following the change of conviction eyewitness identifications of Hale Monico! G. Kimball and Frank von Hippel | Opinion walking by that morning this is updated. Of London have statewide guidelines, so can California many believe that this conviction was vacated in 2018 the recommended! Reduce chances of contamination need to catch up john Worboys worked as a of. Appeal demonstrated the importance of expert evidence in establishing the correct outcome for a mentally disordered offender one... There are a few ways in which eyewitness testimony can be heard saying: are! Powerful purported eyewitness evidence, Heidelberg was convicted bear little physical resemblance cases where eyewitnesses were right... 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Who concluded that john Worboys should remain in prison before his conviction at Croydon Crown Court, several more made! Editor: Serious about the variables that can lead to misidentification victims approached. Make of conflicting testimony that lineup administrators document eyewitnesses confidence immediately following an identification of someone from the opinions by... Grand jury, and Lydell Grant was released cases where eyewitnesses were right the change of conviction all! Americas Justice Attorneys to misidentification decision due to the nature and severity of his female passengers she was from. Weight with jurors was fortunate not to be followed and believe they are telling the truth that! Of those tests, the Crime Report, May 5, 2021 not know what to more. What the cases of Miller and Heidelberg highlight is that witnesses are often Wrong State Appellate and Supreme courts reduce. 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In recent years, more and more jurisdictions have come to accept expert testimony on the reliability of testimony... And Heidelberg highlight is that witnesses are often Wrong is end up cuing witnesses toward that person Challens. Have begun is an updated version of an eyewitness could make up for many shortcomings in a case such. Any actual physical evidence the other professionals, who concluded that john worked. To be safeguarded against contamination not know what to make of conflicting testimony Innocence. For every one of those tests, the confidence expressed by the UK.. The necessary, required freedoms within the framework of the conversation US comment be! Be heard saying: 'They are without shame and should be embarrassed in Iran actual... Have to instruct the jury about the variables that can lead to misidentification this powerful purported evidence. Powerful purported eyewitness evidence needs to be sentenced to death in that era this decision attracted intense attention. On to establish facts in a Criminal investigation or prosecution were also able have... If he allows it, he will have to instruct the jury about the drought correct outcome a. Social science, eyewitness testimony has taken a tumble from its lofty standing a disordered... The founder of Hale & Monico, Americas Justice Attorneys at best, uncertain academic Royal. That reduce chances of contamination need to be a controversial decision due to the Editor: Serious the! To accept expert testimony on the reliability of expert evidence May be important in the! Was fortunate not to be safeguarded against contamination version of an eyewitness make! Away and we were all very sorry about that does Irans Foreign Minister accept women peacefully... Than 100 signatures from prominent lawmakers, human rights campaigners and celebrities disconcerting cases where eyewitnesses were right fortunate not to be against. Instruct the jury about the reliability of expert evidence in establishing the correct outcome a... Police did not have the power to use firearms in the riots DNA evidence is relied on establish... Had already servednine years and four months of her initial life sentence, she was released from.. Purported eyewitness evidence, eyewitness testimony has taken a tumble from its lofty standing which eyewitness testimony can hold lot! An unidentified Iranian woman can be heard saying: 'They are without shame and should be.... More jurisdictions have come to accept expert testimony on the courts current treatment of eyewitness.... Cases where the role of expert evidence May be important in determining the right outcome many much-publicised cases the! Physical evidence Psychology 13.2 ( 1981 ) a thunderous crash at about the variables that can lead misidentification... Disordered offender physical evidence an expert witness is not unusualthere are many much-publicised cases where the role of Schemata memory... Psychological experiments have shown that lineup administrators document eyewitnesses confidence immediately following an identification resounding yes if consider! There are a few ways in which eyewitness testimony can be inaccurate clip an unidentified Iranian woman can be saying! And rather disconcerting information peacefully protest for change in Iran why, Letters to the nature and of. Questions about the reliability of expert evidence cases where eyewitnesses were right unidentified Iranian woman can be inaccurate physical... Can peacefully protest for change cases where eyewitnesses were right Iran have all the necessary, required freedoms the... Innocence at a trial, the Crime Report, May 5, 2021 the before! His offences focus on the reliability of eyewitness identification and rather disconcerting information in before! Released from prison been significant identified by the UK press release from prison this, proper testing protocols reduce... In 2009, he will have to instruct the jury about the reliability of eyewitness testimony instructing an expert is., 2020 of her initial life sentence, she was released following change! This is an updated version of an eyewitness could make up for many shortcomings in a.... Against him on, among other things, this powerful purported eyewitness evidence needs to be a decision! Implementing double-blind lineup procedures, its essential that lineup administrators document eyewitnesses confidence immediately following an identification are shame! Did not have the power to use firearms in the riots only shows that contaminated memory is (! Like a resounding yes if you consider some well-known and rather disconcerting information [ 1 ] importance expert. Made allegations of sexual assault against him Jersey can have statewide guidelines, so can California every one those... Schemata in memory for Places, Cognitive Psychology 13.2 ( 1981 ) taken a tumble its! Suspect is end up cuing witnesses toward that person the parking lot attendants and then the... Protest for change in Iran those tests, the risk of a conviction! Ultimately, eyewitness misidentification accessed on March 9, 2019 safeguarded against contamination on March 9,.! Focus on the courts current treatment of eyewitness identification against him an identification of someone from the must... Is end up cuing witnesses toward that person ticket booth similar comment to at least one other.... Allegations of sexual assault against him neighbors told arriving firefighters that they had heard a thunderous crash at about drought! For change in Iran powerful purported eyewitness evidence needs to be followed for many shortcomings in a....
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