Assignment 4: Methodology Section

EYEWITNESS EVIDENCE 1

EYEWITNESS EVIDENCE 2

Eyewitness Evidence

Eyewitness Evidence

Introduction

Many people put profound faith in eyewitness evidence and over the years, eyewitness evidence has been regarded as the “best” kind of evidence (Boyce, Beaudry, & Lindsay, 2017). Eye witness evidence has a lot of impact in any criminal case and it can alter the trajectory of the case in immeasurable amounts. Eyewitness evidence can be used to convict a person, and this is an example of just how powerful the topic is (Boyce, Beaudry, & Lindsay, 2017). Due to the faith put in it by many people despite the common criticism it faces sometimes, it is therefore important to understand the impacts of its reliability. Identifying the impacts of reliability in the credibility of eye witness evidence is essential as it establishes the appropriate use of eye witness evidence in criminal cases.

Justification For Why This Topic Is Important To Study

It is important to study the reliability of eyewitness evidence since this type of evidence is critically important to the justice system. Eyewitness evidence is utilized in the reconstructions of facts from past events which makes it very important in criminal trials (Pedzek & O’Brien, 2014). Since eyewitness evidence itself is critically important to the justice system, the study of its reliability is essential since challenges to the many assumptions of the general public and legal system regarding its accuracy can be put forth. Eyewitness evidence can be used in either appropriate reinforcing of the judgment in criminal cases or can also lead to wrongful convictions ( O’ Neill Shermer, Rose, & Hoffman, 2011). This is why it is important to understand how reliable eyewitness evidence is before using it.

Eyewitness evidence is regarded as one of the most convincing forms of evidence in any criminal trial. It is easy to explain why eyewitness evidence holds so much weight in criminal trials since people trust their perception and experience. The statement "I will believe it when I see it" is not just a cliché, but a statement with an incredibly huge persuasive form of evidence that can be allowed even in the justice system (Wells, Memon, & Penrod, 2016). The Criminal justice system aims to provide justice and one of the forms of doing so is ensuring that one of the elements used in making judgments, (eyewitness evidence), is reliable and trustworthy. Studying the reliability of eyewitness evidence and factors that can influence it is essential in guiding how to use witness evidence in criminal trials. A person ending up being convicted of a crime they did not commit just because eyewitness evidence claimed so and the evidence itself is not reliable makes the whole process wrong. The reliability of eyewitness evidence should be tested to determine its credibility which will inspire its appropriate use in criminal trials (Wells, Memon, & Penrod, 2016).

Literature Review

Boyce, Beaudry, and Lindsay (2017) explain that before believing eyewitness evidence, various issues should be examined. One of the issues is reliability. Boyce, Beaudry, and Lindsay (2017) explain that the reliability of eyewitness evidence should be directly proportional to whether the evidence is believed or not. It is important to differentiate between inaccurate and accurate witness evidence since various groups would suffer hardships associated with trials and arrests in regard to eyewitness evidence. The authors explained that members of the jury should be taught cues for how to measure the reliability of eyewitness evidence and how to look for loopholes in them Boyce, Beaudry, and Lindsay (2017).

The issue of eyewitness evidence should not be merely about its availability or lack thereof but also its reliability as well (Pedzek & O’Brien, 2014). Professionals should use the aspect of reliability of the eyewitness evidence to determine how the evidence will inform their decisions appropriately. In determining the reliability of eyewitness evidence, all factors pertaining to the evidence should be examined. This is because sometimes information that could be useful is ignored which affects the reliability of the eyewitness evidence ( O’ Neill Shermer, Rose, & Hoffman, 2011)ss. The practitioners within the criminal justice system should find out whether the eyewitness evidence is reliable or not and discuss the implications of their findings (Wells, Memon, & Penrod, 2016).

Garrett et al. (2020) explain that the issues of reliability of eyewitness evidence should be a pressing concern in criminal scenarios. Garrett et al. (2020) explain that the practitioners may be blown away by the high confidence in the eyewitness evidence hence end up disregarding various critical factors of the information, such as its reliability. The authors did a study aimed at exploring the relationship between courtroom members and eyewitness evidence and they discovered that most jurors give the most weight to the eyewitness evidence itself with no special focus on its reliability (Garrett et al., 2020). Garrett et al. (2020) explained that the reliability of eyewitness evidence has implications for its effectiveness and the legal actions taken based on it.

Houston et al. (2013) report that legal professionals and jurors alike are often insensitive to factors affecting eyewitness evidence such as its reliability. The authors conducted their research aimed at assessing the extent to which judges understand factors that may undermine the reliability and accuracy of eyewitness evidence. Houston et al. (2013) also did a survey comparing responses from a multiple-choice questionnaire method and a scenario-based survey to identify the alterations between the two Houston et al. (2013). Generally, the judges depicted their high level of acceptance to the fact that reliability is a key factor in eyewitness evidence Houston et al. (2013). Additionally, the responses that were gathered from the multiple-choice format survey produced evidence that seemed more reliable compared to when the participants generated their own responses Houston et al. (2013). The authors concluded that indeed reliability is an essential factor in eyewitness evidence and recommended training of legal professionals and jurors to appreciate the impact of reliability of eyewitness evidence.

Wise, Safer, and Moro (2011) did a survey on 532 U.S. law enforcement officers to identify how they went about eyewitness evidence. 449 officers were from departments that had not implemented eyewitness reforms while 83 officers were from the department that had implemented eyewitness reforms Wise, Safer, and Moro (2011). The authors found that officers from both groups showed little knowledge of how the reliability of eyewitness evidence is important. Wise, Safer, and Moro (2011) also report that the manner in which the officers conducted interviews and identification procedures of eyewitness evidence hugely impacted the reliability of the evidence. They reported that officers from reform departments used more correct line-up procedures of handling eyewitness evidence than those in non-reform department's, but the two groups showed no difference in the knowledge of the impact of reliability and eyewitness evidence (Wise, Safer, & Moro, 2011)

Strengths And Weaknesses

The studies have various strengths such as providing in-depth analysis of the topics they addressed. The studies also used the appropriate methods of data collection and analysis which was essential in the appropriateness of reporting the findings. Additionally, the studies vividly and comprehensively discussed the findings and related them to the objective of the studies. The main weakness that the studies had was the lack of suggestions and recommendations after their discussions. The studies focused on how jurors and legal professionals do not understand the importance of reliability of eyewitness evidence, but they do not provide suggestions or recommendations for solving the problem.

Conclusion

As seen from the reviewed literature above, the reliability of eyewitness evidence is more important than its availability. Sadly, jurors and legal professionals do not have enough knowledge on how the reliability of eyewitness evidence could have various implications in criminal trials. There is need to address how the reliability of eyewitness evidence relates to its credibility and how these factors can guide the appropriate use of eyewitness evidence in criminal trials.

References

Boyce, M., Beaudry, J., & Lindsay, R. C. L. (2017). Belief of eyewitness identification evidence. Psychological science in the public interest, 7(2), 45-75.

Garrett, B. L., Liu, A., Kafadar, K., Yaffe, J., & Dodson, C. S. (2020). Factoring the Role of Eyewitness Evidence in the Courtroom. Journal of Empirical Legal Studies, 17(3), 556-579.

Houston, K. A., Hope, L., Memon, A., & Don Read, J. (2013). Expert testimony on eyewitness evidence: In search of common sense. Behavioral Sciences & the Law, 31(5), 637-651.

National Institute of Justice (US). (2019). Technical Working Group for Eyewitness Evidence. Eyewitness evidence: A guide for law enforcement. US Department of Justice, Office of Justice Programs, National Institute of Justice.

O'Neill Shermer, L., Rose, K. C., & Hoffman, A. (2011). Perceptions and credibility: Understanding the nuances of eyewitness testimony. Journal of Contemporary Criminal Justice, 27(2), 183-203.

Pedzek, K., & O'Brien, M. (2014). Plea bargaining and appraisals of eyewitness evidence by prosecutors and defense attorneys. Psychology, Crime & Law, 20(3), 222-241.

Wells, G. L., Memon, A., & Penrod, S. D. (2016). Eyewitness evidence: Improving its probative value. Psychological science in the public interest, 7(2), 45-75.

Wise, R. A., Safer, M. A., & Maro, C. M. (2011). What US law enforcement officers know and believe about eyewitness factors, eyewitness interviews and identification procedures. Applied Cognitive Psychology, 25(3), 488-500.