Eyewitness Misidentification Cases

Improved Essays
Imagine your life was held in some else's hands. Them having the ability to throw it away in a cell, or let it be free and grow. You sitting across the room, knowing you did nothing wrong. How confident would you be they would make the right choice. Seventy percent of them would make the wrong choice. Seventy percent of all witness have been proven wrong by DNA evidence (Bonaguidi). Witness are a major flaw in our social justice system, they are unreliable because to many variables that can change the witnesses choice, but there is solutions.

The main problem in Andre Hatchett's case was the faulty witness Jerry Williams. " A faulty witnesses and misidentification is the greatest contributing factor to wrongful convictions proven by DNA testing, playing a role in more than 70% of convictions overturned through DNA testing nationwide." Eye witness misidentification can happen to any witness and sway any case (Sainvil) One of the causes of eyewitness misidentification is the way the brain changes memories over time.
…show more content…
A good example of this is the case of Robert Cotton. Cotton was convicted on the charges of rape. He was identified by Jennifer Thompson. She testified in court that she was 100% sure that Cotton was her attacker. Cotton spent 54 years in jail. It was later found through DNA evidence that the attacker was Bobby Poole. The human brain has a way of changing memories. Even if the person is 100% sure, the brain can change its memories. " The human memory tends to reconstruct incidents because humans do not have the capability to record memories like a video recorder." (Bonaguidi). Another cause of eyewitness identification is the conditions of which the witness saw the convicted. The many variables of that go could have changed the way convict are almost uncountable. The lighting of the situation, the race of the convict, the expression they had on their face, the stress the witness was under are just a couple of the examples. The human memory can be affected by many things, the lighting in the situation could have highlighted different features in the face. The stress of the witness could have changed the way their mind recorded the situation. If the convict had a weapon, the witness tends to be more fixed on the weapon rather than the convict's face. The last thing that affects how a witness chooses the convict is the way they see the convict to identify them. the different sets of lineups each change the way the witness chooses the suspect. The way the police act around the suspects can sway the witnesses choice in identifying the suspect (Young, Andrew W.). One solution to these problems is to not rely a case on the word of the witness. the witness can be wrong and not always trustworthy, there are too many factors that can change their choosing of a suspect. it would take police to search every part of the evidence, even after they have witnessed. This would help innocent people be free from jail. It would give facts and evidence over the say of a witness (Young, Andrew W.). Another solution to this problem is to change the way the police introduce the suspects. with all of the variables that

Related Documents

  • Great Essays

    Eyewitness misidentification is the most common cause of wrongful convictions, accounting for at least seventy-two percent of convictions overturned through DNA testing (The Innocence Project). This being said, eyewitness errors may happen for several reasons, including suggestive police interviewing, an incorrect belief about what the witness saw, and the malleability of confidence (Denov & Campbell, 2005). In this specific case, the malleability of confidence was present. The malleability of confidence refers to how easily influenced the witness is to changing circumstances under stress (Denov & Campbell, 2005). This was evident when Mrs. Roy changed the physical features of the perpetrator to fit Phillion 's description due to the stress of having to choose someone to convict.…

    • 2950 Words
    • 12 Pages
    Great Essays
  • Improved Essays

    Brenton Butler Case Study

    • 1231 Words
    • 5 Pages

    Their sole piece of evidence was the identification given by the victim’s husband and a coerced confession that police wrote out themselves and beat Brenton into signing. With the research provided it is evident that eyewitness testimonies can be affected by many factors and it is not sufficient enough evidence to stand on its own. The police asked the victim to identify Brenton 2 hours after his wife had been shot which is hardly enough time for his shock of the situation to die down. Also, when they presented him Mr. Butler, they did not do so in the form of a lineup they presented him by himself in the area that the crime happened. The setting he was presented in, the time he was allowed to view Mr. Butler, the distance he viewed him and the traumatic state he was in, all led to his wrongful identification of Brenton Butler.…

    • 1231 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    There is also evidence supporting that there may be more innocent people who have admitted guilt in jail due to lack of DNA evidence. The lack of DNA evidence can help the prosecutors case in the event where an individual who admitted to the crime they have not committed wants to appeal his deal. By admitting to the crime, the court believes that this person has admitted to their wrong doing with no evidence to support the defenses appeal, most jury’s would say no innocent man would admit to something they did not…

    • 751 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    In conclusion we know that eyewitness testimonies can be false and leave a harmful effect on the person being put away because . Kirk Bloodsworth case was affected by this because the eyewitness were not reliable , the description of the protector was very different to the appearance of Kirk and two of the eye witness had picked Bloodsworth in the line 3 people could not pick Bloodsworth and the other 2 did pick him as they had previously seen him on tv interfering with their memory. There was also no physical evidence connecting him to the crime but only eyewitness testimonies saying they saw him with the girl before the crime. With all this in mind and the evidence provided we know that eye witness testimonies are unreliable and can…

    • 136 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Communication with detectives after identification impacts on misidentification. After Jennifer selected Ronald at the photo lineup, Detective Gauldin told her “You did great, Ms Thompson”(33). Just like many other victims and witnesses, She subconsciously replaced the image of Ronald with the image she created during her rape. As a result, during the physical lineup, she searched for a face that matched the photo she selected and found Ronald. When the detective told her “ we thought that might be the guy”(37), she was certain she had done a good job and caught her attacker.…

    • 1147 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Without full information an attorney cannot do their job in full. Evidence: Eye witness identification: Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in nearly 75% of convictions overturned through DNA testing. While eyewitness testimony can be persuasive evidence before a judge or jury, 30 years of strong…

    • 471 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    I often found it interesting that so many people confess to crimes they did not commit. After a little bit of research, I discovered the Reid technique, a common interrogation process used in the United States, plays heavily into false confessions. The Reid technique which became popular in 1974, instructing law enforcement how to interrogate those accused of committing a crime. My thesis statement will be as follows, while the Reid technique has been effective in eliciting confessions from guilty suspects, the psychological tactics it employs are in need of reform, as the technique has led to false confessions in 25% of cases where the individual was later exonerated by DNA evidence (Innocent Project, n.d.). The risks associated with the…

    • 239 Words
    • 1 Pages
    Improved Essays
  • Superior Essays

    Court systems have many layers, each one of them trying to filter out the innocent, but it is not enough. Something has to be done to stop the number of wrongfully convicted individuals from rising, and release all of the innocent citizens already in jail. DNA evidence can be unreliable and easily tampered with. DNA can become contaminated at a crime scene, or in a lab. This occurs when procedures are not followed correctly, or when the DNA is exposed to harsh conditions.…

    • 1491 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Repressed Memories Essay

    • 549 Words
    • 3 Pages

    The brain is one of the most powerful tools the human body possesses. Memory is an everyday use; it can be triggered through senses or even by reading a book, but the brain can repress memories. The mind can push a memory to an area of inaccessible corner of the brain causing it to be unconscious, which can later be accessible. Having repressed memory victims has become a controversy in Georgia.…

    • 549 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    We now can interpret biological evidence that has been left at the crime, by comparing the suspect’s DNA to that left at the scene (Lawyers). Therefore, the court no longer has false accusations when it comes to accusing someone of…

    • 952 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Eyewitness Identification

    • 305 Words
    • 2 Pages

    Eyewitness Identifications play a major role in convictions. However sometimes the reliability of an eyewitness identification can have questionable accuracy. With Eyewitnesses being wrong for as many as one in every four, they are still considered one of the primary pieces of evidence against a suspect. An Eyewitness in court Identifying a possible suspect is one of the most strongest pieces of evidence to convince a jury. The only thing that can convince a jury more then an individual actually pointing out a suspect saying they were the ones they saw at the scene of the crime is DNA.…

    • 305 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    This is why science such as DNA should be strongly considered to help prove the guilt or innocence of the defendant; it’s essential. In order to fix this issue, there has to be improved police training, video recordings, and provision of expert witness testimony in order to have clearer evidence and confessions. Police reports can be also be sloppy if the officer does not get complete and accurate…

    • 1033 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The reliability of eye witness now became an object of investigations. The reason of that is that there have been a lot of cases when it was suggested to be not really trustworthy. Therefore, the process of fair criminal justice with credible conclusions is a thing to which there has to be dedicated and paid more attention because of the number of proofs that claim the infidelity of such evidences. The human memory has the ability to remember events to acceptable levels only that it has to be subjected to an unbiased questioning process. Taking into consideration the attempts to attack the accuracy of eye witness, it was found out that the memory remained unaltered in individuals even in case there is a competing background to call it inaccurate.…

    • 1078 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Many of these problems are within the criminal justice system and legal system itself. Misidentification, evidence mishandling and tampering, and undereducated lab technicians are a few problems within the criminal justice system that must be dealt with to ensure wrongful convictions do not take place. Eyewitness Misidentification Testimony was a factor in 75 percent of post-conviction DNA exoneration cases in the U.S. making it the leading cause of wrongful convictions (naacp.org). Evidence mishandling and tampering is another contributing factor of wrongful convictions. In many cases, evidence has been altered, destroyed and even lost and therefore cannot be used in trials.…

    • 1773 Words
    • 8 Pages
    Improved Essays
  • Superior Essays

    Chimera Essay

    • 1662 Words
    • 7 Pages

    Karen and Lydia both presented as much evidence as possible, proving their maternity, including birth certificates and testimony from an obstetrician, but the courts persistently relied on the DNA evidence and found their stories unbelievable” (Granzen, 2014). With DNA testing being infallible in court cases the legal system is potentially being shaken with the possibilities of chimeras rattling the judicial system. Although these two cases where only affecting government assistance and pre-operation testing, the possibilities that chimeras can have in any case relying on DNA can be thrown out of court. With the word getting out on the possibilities of chimeras and the difficulty confirming it has opened the eyes of many criminals. For instance, a man named Hamilton on a cyclist team was accused of blood doping.…

    • 1662 Words
    • 7 Pages
    Superior Essays