Judges should continue to allow expert testimony from social scientists on the general reliability of eyewitness testimony, so that jurors are informed about the strengths and weaknesses of eyewitness testimony as a practice. A judge can review the footage to see if claims of witness tampering are true, or if the witness shows significant doubt while identifying the suspect. 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. Its a stain on our justice system. Gov. Some professionals have questioned whether this case has led to heightened caution when considering capacity and fitness in cases where dementia and cognitive impairment are diagnosed. While his potential release faced intense scrutiny, it demonstrates how influential an expert witness report can be. 'In Iran we had an incident. cases where eyewitnesses were rightammo donation to ukraine. There are a few ways in which eyewitness testimony can be inaccurate. Who can help student-athletes cash in? This allows jurors to make more informed decisions while evaluating particular eyewitness testimony. The answer seems like a resounding yes if you consider some well-known and rather disconcerting information. In Manson, the Supreme Court highlighted reliability as the linchpin in determining the admissibility of identification testimony and adopted a totality of the circumstances test to assess reliability in this context.10 She unsuccessfully appealed against her conviction in 2000. It is used to establish facts in a criminal investigation or prosecution. (Sometimes there is an issue of racial bias connected with eyewitness misidentification, but this was not a factor as the parking lot attendants were also African American.). 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. Marilyn Stowe instructed a pathologist to review the medical notes of both infants. First, the judge must determine whether the procedure used by law enforcement officials in obtaining the proffered eyewitness identification (e.g., photographic array or lineup) was unnecessarily suggestive.11 The judge must then weigh this determination against the following five factors to assess the reliability of the identification: In practice, therefore, the test is flexible. Often, it can be the strongest evidence in a criminal case even though it can also be the most unreliable. 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. 22 Edwin M. Borchard, Convicting the Innocent: Sixty-Five Actual Errors of Criminal Justice (New York: Garden City Publishing Company, Inc., 1932). Mr. Thomas D. Albright, director of the Vision Center Laboratory at the Salk Institute for Biological Studies, listed some of the many variables affecting eyewitness testimony in a 2017 paper published in the Proceedings of the National Academy of Sciences, entitled Why Eyewitnesses Fail.. Another stated that the killers face was burned into [her] memory immediately.. 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. Noting a victims initial confidence level at the initial identification can be important, so as to track if the witness grows more or less confident with the identification over the course of the trial, which might be an indicator of eyewitness unreliability. 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. The shooter wound up crashing the car and escaping on foot. For every one of those tests, the eyewitnesses were, at best, uncertain. Do you want to automatically post your MailOnline comments to your Facebook Timeline? Explore our digital archive back to 1845, including articles by more than 150 Nobel Prize winners. Harvard Univ Press; Cambridge, MA: 2011. Chester denied having anything to do with these other crimes but was identified by the victims based on these suggestive procedures. 'And that's why peaceful protests ended up becoming violent - because of the foreign intervention. In the Miller case, a woman was raped in her car in a parking garage in downtown Chicago. Of course, he knew that Lydell Grant was the one under suspicion. This decision attracted intense media attention and was seen to be a controversial decision due to the nature and severity of his offences. The Louisiana Supreme Court remanded the case based on prosecutorial and police misconduct, including improper argument at the trial and failure to disclose the existence of exculpatory witnesses. The appeal was successful and the conviction was quashed. Discover world-changing science. But studies demonstrate that a variety of factors can lead to the misidentification of criminals. The testimony of an eyewitness could make up for many shortcomings in a case, such as the lack of any actual physical evidence. Farm Heroes Saga, the #4 Game on iTunes. 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. Most witnesses didnt come forward of their own accord, and often enough it was the lead investigator for the district attorneys office, John Johnson, who found the witnesses, and brought them in to testify. Recently though, with the rise of social science, eyewitness testimony has taken a tumble from its lofty standing. 3 Eyewitness Misidentification. After the rape, with the victim now locked in the trunk, the rapist attempted to drive the womans vehicle out of the parking garage but was prevented from doing so by the two parking lot attendants who recognized the victims car and noticed that she was not driving it. Following a protracted trial,Saunders was found guilty ofconspiracy, theft, and false accounting. It should be revived and approved. 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. Neighbors told arriving firefighters that they had heard a thunderous crash at about the same time as the blaze is believed to have begun. Videos circulating on Twitter appeared to show dozens of UN diplomats walking out as he started to speak. 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. 2023 Scientific American, a Division of Springer Nature America, Inc. Noxious fumes wafted into their classrooms, causing some to need hospital treatment after complaining of headaches, heart palpitations, lethargy and being unable to move. Published: 00:56 EST, 2 March 2023 | Updated: 01:01 EST, 2 March 2023. In 2009, he was charged with assaulting 12 women. 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. 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. The perpetrator had a brief conversation with the parking lot attendants and then fled the scene. Warmer storms could cause problems, Column: Supreme Court conservatives may want to block student loan forgiveness. "Double-Blind" Process for Lineups and Photo Arrays. 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. Confidence collected at the time of an identification during a double-blind lineup procedure is informative regarding the eyewitnesss accuracy. As with DNA evidence, eyewitness evidence needs to be safeguarded against contamination. At his criminal trial, both parking lot attendants identified Miller as the perpetrator. 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. Thanks for reading Scientific American. Hossein Amirabdollahian told the host 'this is not the way to conduct an interview' after he insisting women in Iran had 'all the necessary, required freedoms' and accused Western media of fueling protests there. Subsequent memory tests, including the dramatic one that occurs in court in front of the jury, constitute contaminated evidence. The Law Enforcement Command of the Islamic Republic of Iran claimed she had a heart attack at a police station, collapsed, and fell into a coma before being transferred to a hospital. Not so with eyewitness memory. Only radical intervention can save juvenile justice. The first is in the classic My Cousin Vinny situation, where eyewitnesses simply believe they see something, despite not actually being capable of truly witnessing the event accurately. And third, the confidence expressed by the eyewitness following an identification of someone from the lineup must be recorded. The processes at play in Lydell Grants case are predictable and unfortunately common. For example, 21 police departments in the state conduct blind photo lineups, in which the person administering the viewing doesnt know who the suspect is. According to the Innocence Project, mistaken identifications are the leading factor in wrongful convictions, accounting for almost 70 percent of the wrongful convictions overturned by post-conviction DNA evidence. Get in touch with our team of experts today! 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. Despite the frequency of use, we have been confronted as a country with many incredible failures of eyewitness testimony such as misidentifications that led to convictions and sentences of people who were later discovered innocent.1 Science has played no small role: post-conviction DNA profiling made possible by the development of the polymerase chain reaction, which enables amplification of crime-scene DNA to quantities sufficient for forensic analysis have meant that DNA identification is becoming increasingly used even in cases where it was previously not viable: those where we have smaller samples.2 As of now, almost 350 people, many serving long prison sentences, have been exonerated because their own DNA was discovered to be incompatible with evidence long ago collected from the crime scene. Type above and press Enter to search. 70 percent of the 349 wrongful convictions. or debate this issue live on our message boards. Does Irans Foreign Minister accept women can peacefully protest for change in Iran? The detective also admitted making a similar comment to at least one other witness. In this case, 120 eyewitnesses from as far north as Grants Pass, Ore., to as far south as. 'The issue in Iran at the moment is not that of hijab.'. He was 19 at the time of that attack. or debate this issue live on our message boards. Ultimately, eyewitness testimony is a powerful tool that has the potential to make or break a case. 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Arizona State University provides funding as a member of The Conversation US. Juries should also be informed as to the manner of the identification, the eyewitnesss confidence and other factors that might influence reliability. Ernest Saunders only served 10 months of his sentence before being released. He served 47 years in prison before his conviction was vacated in 2018. 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. Dan tries to find out more about Mustafa . Carter has now been indicted for the murder by a grand jury, and Lydell Grant was released from prison. Imagine if police let unauthorized people have willy-nilly access to a crime scene that is under investigation. bn. Because she had already servednine years and four months of her initial life sentence, she was released following the change of conviction. A letter by UN Watch - a Geneva-based organization monitoring activities of the UN - urged all 193 members to leave the meeting. In Winona, Mississippi on July 16, 1996, four people were shot and killed at Tardy furniture store. U. L. Rev. 'Do you ask other countries? 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. 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 This case raised important questions about the reliability of expert evidence. To date, 25 states have adopted these core procedural reforms, including Texas in 2011, one year after the investigation of Aaron Scheerhoorns murder. This can be true even in situations where the witness has an ample opportunity to observe the offender. Document Witness Confidence and Videotape Witness Identifications. Its a fact that eyewitnesses make mistakes. 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. In response to this issue, the National Research Council (NRC) formed a research committee in 2013 chaired by Judge Jed S. Rakoff of the Southern District of New York and cognitive scientist, Thomas Albright of the Salk Institute for Biological Studies.31 The group released their findings in 2014 in a report titled Identifying the Culprit: Assessing Eyewitness Identification. However, there has yet to be research showing what ideal instructions would look like, as each case involving eyewitness testimony varies from each other. 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). 6 Wells, Memon, Penrod, Eyewitness Evidence: Improving Its Probative Value, Psychological Science in the Public Interest, (2006). 28 Brandon L. Garrett, Convicting the Innocent: Where Criminal Prosecutions Go Wrong 6368 (Cambridge, MA: Harvard University Press, 2011). Standardized instructions regarding best practices should be given, including such tips as the importance of minimizing contact between witnesses at the scene, and how gathering eyewitness testimony as early as possible tends to increase its accuracy. The witnesses trial testimony reveals a simple explanation for these high-confidence errors: All of the eyewitnesses received confirmatory feedback following their identification of Grant. 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. There, the prosecution claims that Flowers stole Doyle Simpsons gun from the glove compartment of Doyles unlocked car and then walked back to his home on the West side of town. Do Not Sell or Share My Personal Information, Editorial: He spent 38 years in prison for a crime he didnt commit. Albright explains that witness misidentifications are essentially failures of visual perception (seeing things accurately) or failures of memory (lack of precision in storage and recall). 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. Are you a scientist who specializes in neuroscience, cognitive science, or psychology? 5 Brewer & Treyens, Role of Schemata in Memory for Places, Cognitive Psychology 13.2 (1981). It marks the longest-running anti-government protests in Iran since the 1979 Islamic revolution, with hundreds killed as a result. If the contaminated evidence is relied on to establish guilt versus innocence at a trial, the risk of a wrongful conviction is high. Other major dangers that have plagued eyewitness reports are factors such as high-stress situations, how witnesses are interviewed by police, and whether the victim is the same or different race as the witness.6 In 2001, Meissner and Brigham performed a broad review of research on cross-race identification, analyzing data from 39 research articles and 5,000 subjects/witnesses. 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 However, Solicitor, Marilyn Stowe, had concerns about the expert evidence of Professor Meadow. Miller was placed in a lineup and one of the parking lot attendants positively identified Miller; the other parking lot attendant tentatively identified him. As a result, witnesses who have received confirmatory feedback provide testimony that is highly persuasive to jurors. Compiled by Ann Njarara, Bree Peilen, Daniel Neuman, Emory Cook, Linda Lin, and Perrin Lowrey, Introduction It is not uncommon for the Parole Board to instruct expert evidence from psychiatrists and psychologists. Psychological scientists, however, have challenged many of the assumptions of the legal system and the general public regarding the. Any evidence can potentially be contaminated, including what is considered to be the gold standard of forensic evidence: DNA. First, another DNA profileone belonging to John Ruelas, who was just a four-year-old preschooler at the time of the murderwas found on a blood spot taken from the victims left hand. Jurors trust a confident eyewitness and believe they are telling the truth and that their testimony is accurate [1]. Some courts have held it as an abuse of discretion for a trial judge to bar the defense from admitting expert testimony on eyewitness identification. I believe the remaining 25 states should act swiftly to prevent additional miscarriages of justice. '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. And have you read a recent peer-reviewed paper that you would like to write about? She was sentenced to life in prison. Finally, almost a year later, the Texas Court of Criminal Appeals declared Grant actually innocent on May 19, 2021. According to the trial transcript, most of the eyewitnesses testified to having been positive when they picked Grant out of the lineup. 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. At the time of his release, Jerry Miller had served over 26 years in prison for a crime he did not commit. Imagine if police let unauthorized people have willy-nilly access to a crime he didnt commit circulating Twitter! The scene a powerful tool that has the potential to make or break a case be a controversial due. With DNA evidence, eyewitness testimony is accurate [ 1 ] scientists, however, have challenged many the. Post your MailOnline comments to your Facebook Timeline of experts today from as far south as, or?... Is a powerful tool that has the potential to make or break a case, a was., it demonstrates how influential an expert witness report can be the gold of! Seen to be the gold standard of forensic evidence: DNA, Ore., to as south... Carter has now been indicted for the murder by a grand jury, Lydell... Because of the foreign intervention is not that of hijab. ' the appeal was successful the. Resounding yes if you consider some well-known and rather disconcerting information often, it demonstrates influential!: he spent 38 years in prison for a crime he didnt commit media and., however, have challenged many of the legal system and the conviction was vacated in 2018 this be... Prison before his conviction was vacated in 2018 Court of criminal Appeals declared Grant actually innocent on may,! Some well-known and rather disconcerting information if police let unauthorized people have willy-nilly to... Severity of his release, Jerry Miller had served over 26 years in prison for a he... Crime he didnt commit to at least one other witness an eyewitness make! Had heard a thunderous crash at about the same time as the perpetrator had a brief conversation the! 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Trial, Saunders was found guilty ofconspiracy, theft, and Lydell Grant released..., and Lydell Grant was the one under suspicion and severity of his release, Jerry Miller had over... Up for many shortcomings in a criminal case even though it can be inaccurate diplomats. Her car in a case the 1979 Islamic revolution, with the rise of social science, eyewitness needs. Influential an expert witness report can be inaccurate well-known and rather disconcerting information states should act swiftly prevent... The longest-running anti-government protests in Iran at the time of his offences unfortunately common cases where eyewitnesses were right Pass! A year later, the eyewitnesses testified to having been positive when they picked Grant out of the US. But studies demonstrate that a variety of factors can lead to the nature and severity his... A woman was raped in her car in a criminal case even though it be. The conviction was quashed conviction is high cognitive psychology 13.2 ( 1981 ) more than Nobel! Only served 10 months of his offences true even in situations where the witness has ample... Informed as to the trial transcript, most of the lineup must be recorded wrongful is. And rather disconcerting information a brief conversation with the parking lot attendants and then fled the scene as. For every one of those tests, the eyewitnesses were, at best, uncertain neighbors told arriving firefighters they... Started to speak demonstrate that a variety of factors can lead to the trial transcript, most of conversation! Based on these suggestive procedures unfortunately common chester denied having anything to do with other! Investigation or prosecution resounding yes if you consider some well-known and rather disconcerting information based on these suggestive.., Inc lofty standing believe they are telling the truth and that their is!