. Assistant Professor of Psychology, Arizona State University. Chester denied having anything to do with these other crimes but was identified by the victims based on these suggestive procedures. Another way is through the misinformation effect, where something occurs between the event and the reporting of the event to muddy or confuse the witness. You can get our highlights each weekend.]. Pay farmers handsomely to give up their water rights. Just because memory is malleablefor example, it can be contaminated with the trace of an innocent persondoes not mean that it has to be unreliable. 'The issue in Iran at the moment is not that of hijab.'. In an effort to overwhelm Chester and break him down, he was placed in a lineup regarding two incidents that took place in 1959 in a nearby State Park called Deer Park, one of which was that rape case and the other was a purse snatching. '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. What would that mean for the reliability of the blood or fingerprint evidence, for example, collected at that scene? Wegers attorneys, Celeste Stack and I, continue to seek to prove Chesters innocence and are seeking to review and analyze the physical evidence and are working to be able to conduct forensic testing on some of that evidence. The Innocence Project found that out of 138 cases, two-thirds of the DNA exonerated cases were due to an eyewitness testimony (Howitt, 2012). Advertise to our national and international criminal justice audience at The Crime Report and support our mission. Dan tries to find out more about Mustafa . 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
He did it and was fortunate not to be sentenced to death in that era. Type above and press Enter to search. 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. 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. This helps to safeguard against overly eager police officers who might implicitly encourage eyewitnesses (with tone of voice, body language, etc.) The sooner police, prosecutors and judges understand that fact, the better off we all will beincluding you, if you are ever incorrectly fingered by an eyewitness. 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. 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. Psychological experiments have shown that lineup administrators who know who the suspect is end up cuing witnesses toward that person. Before crime shows like CSI and the scientific advancements which ushered in modern forensics such as fingerprinting and DNA, eyewitnesses were often the only form of proof of a guilty person or act. 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. 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. Medicolegal court reports are requested where expert witness evidence is required. Letters to the Editor: Yes, L.A. drivers are getting worse. A full and fair examination of all the circumstances of the subject crime, and all the evidence involved, is necessary. The FBI estimates that 521,196 of these arrests were for violent crimes.24 Accurate data on the number of crimes observed by eyewitnesses are not available. (Joshua Boucher/The State/AP) Read through our advertising and sponsorship rates and contact us. So are The Conversations authors and editors. Women in Iran have all the necessary, required freedoms within the framework of the law,' he added. Videotaping allows for review of eyewitness testimony later on in the trial if the reliability of eyewitness testimony is called into question. He claimed police did not have the power to use firearms in the riots. 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. But theyve hit a snag. In 1932, Yale University law professor Edwin M. Borchard documented nearly seventy cases of miscarriage of justice caused by eyewitness errors in his book, Convicting the Innocent. 109, 10910 (2006). Andy Hale is a civil rights attorney, specializing in wrongful convictions in Chicago, Illinois. In the United States, more than 300 exonerations have resulted from postconviction DNA testing since 1989.26 According to the Innocence Project, at least one mistaken eyewitness identification was present in almost three-quarters of DNA exonerations.27 In many of these cases, eyewitness identification played a significant evidentiary role, and almost without exception, the eyewitnesses who testified expressed complete confidence that they had chosen the perpetrator. A meta-analytic review of the effects of high stress on eyewitness memory, Law and Human Behavior 28.6 (2004), 687-706. Abcarian: Mask mandates? 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. The answer seems like a resounding yes if you consider some well-known and rather disconcerting information. 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. But studies demonstrate that a variety of factors can lead to the misidentification of criminals. The guilty verdict was confirmed by both state Appellate and Supreme Courts. Consider the important, and often overlooked, distinction between malleability and reliability. Historically, eyewitness testimony has been in use not only in the United States and our penal system but all around the world. 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. They range from photo lineups in which none of the other images resembles the suspect to subtle pressure on a witness from an officer who knows which picture is the correct one. It does make sure that photos in a lineup resemble one another.) All six of those eyewitnesses were wrong. In addition to implementing double-blind lineup procedures, its essential that lineup administrators document eyewitnesses confidence immediately following an identification. Knowledge awaits. 70 percent of the 349 wrongful convictions. The way to avoid these problems with eyewitness testimony is for police to adopt best practices based on the psychological research. bn. During the tense interview, Amirabdollahian claimed Mahsa Amini - the 22-year-old who died after being arrested by morality police for failing to wear the hijab - was turned into a 'symbol' by protesters. In the Miller case, a. Using eyewitnesses to identify a suspect as the perpetrator to the crime is a form of direct testimonial evidence that is used for forensic purposes. 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). Juries are particularly prone to being swayed by eyewitness testimony, as evidenced in the Curtis Flowers case. Harvard Univ Press; Cambridge, MA: 2011. Retrieved March, 2019. 28 Brandon L. Garrett, Convicting the Innocent: Where Criminal Prosecutions Go Wrong 6368 (Cambridge, MA: Harvard University Press, 2011). Overall, an issue plaguing both courts and law enforcement is the lack of standard procedures to safeguard defendants against unreliable eyewitness testimony. In much the same way, an eyewitness can be led to falsely remember someone committing a crime that was actually committed by someone else. To do this we will link your MailOnline account with your Facebook account. 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. The same is true of eyewitness memory: memory can be contaminated with the trace of an innocent person, but under proper testing conditions, eyewitness evidence is highly reliable. Current procedures for collecting and assessing evidence from eyewitnesses are often not designed to minimize contamination.This problem does not apply to other kinds of forensic evidence. You can choose on each post whether you would like it to be posted to Facebook. by TCR Staff, The Crime Report May 24, 2021, This and is republished here under a Creative Commons license.. Law enforcement officers, prosecutors, attorneys, and jurors need to realize that just because a witness says so does not make it so. No comments have so far been submitted. Witness misidentifications can affect both plaintiffs and defendants. After his conviction at Croydon Crown Court, several more women made allegations of sexual assault against him. John Worboys worked as a cab driver and was charged with sexually assaulting several of his female passengers. Subsequent memory tests, including the dramatic one that occurs in court in front of the jury, constitute contaminated evidence. To many Americans including many jurors eyewitness testimony is the gold standard when it comes to evidence. 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. Pictured: Protestors take part in an anti-Iran demonstration on December 24, 2022 in Istanbul, Turkey, Women burned their headscarves in Kurdish-controlled north-east Syria in September 2022. 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. She questioned the statistical basis of Professor Meadows evidence, which had led to Sally Clark being sentenced to life in prison. 4 Defffenbacher, et al. They found that when showing violent and non-violent crimes on videotape to subjects and then prompting them with questions later, the witnesses had more and more difficulty remembering certain details as the violence in the video went up.8. The NRCs recommendations for law enforcement and judges are below.32. 22 Years later, in 1967, the U.S. Supreme Court highlighted the danger of erroneous eyewitness identification in United States v. 'You're supposed to interview me but you're actually having a confrontation with me,' he told Amanpour. He is the founder of Hale & Monico, Americas Justice Attorneys. Recently, post-conviction DNA exonerations of innocent persons have dramatically highlighted the problems with eyewitness identifications. Improper lineup procedures can also lead to witness misidentifications. 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. Instructions given to eyewitnesses should be clear, simple and standardized across jurisdictions. Claimed to have called out to Flowers that day. Any evidence can potentially be contaminated, including what is considered to be the gold standard of forensic evidence: DNA. In reviewing the case, it is more than apparent that the convicted man had motive, opportunity and means to commit this crime. 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. Today, he remains in prison. In this case, the defendant was charged with first degree murder and the only evidence against him was the testimony of two eyewitnesses. 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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. 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. Prosecutors, though, have no murder weapon, bloody clothes or eyewitnesses, leaving them to build their case about Murdaugh's murky timeline of his whereabouts when the crime happened in 2021 . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License. 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. Similarly, a witness may mistakenly perceive the circumstances of a crime or event, such as a car accident. Ultimately, eyewitness testimony is a powerful tool that has the potential to make or break a case. Such behaviors are often inadvertent; neither lineup administrators nor eyewitnesses may be consciously aware that theyre happening. Psychologists have learned a. She unsuccessfully appealed against her conviction in 2000. As with DNA evidence, eyewitness evidence needs to be safeguarded against contamination. 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. The ability of a person who witnesses a crime to later pick the perpetrator out of a lineup is atrociousright? 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. 6 Wells, Memon, Penrod, Eyewitness Evidence: Improving Its Probative Value, Psychological Science in the Public Interest, (2006). Mugshots of Lydell Grant (left, in 2010) and Jermarico Carter (right, in 2007) show the men dont look very similar. or debate this issue live on our message boards. Judges in California routinely talk to jurors about the possibility of misidentification, but their instructions arent as complete as those contemplated by the New Jersey court. But in 2006, DNA testing on the victims slip exonerated Miller and established the identify of another man, Robert Weeks, as the real perpetrator. But eyewitnesses aren't always right, and poor investigative practices can make matters worse. cases where eyewitnesses were rightammo donation to ukraine. They were then asked a leading question about how fast the car was going when it passed the yield sign. John Worboys was given an indeterminate prison sentence. Column: 15 minutes of fame flies by. Part of the Daily Mail, The Mail on Sunday & Metro Media Group, Beaming Prince Harry and Meghan enjoy a date night at exclusive $4,200-A-YEAR private members' club in LA - as friend claims they've been left furious over King Charles' 'cruel' decision to evict them from Frogmore Cottage, Biden LAUGHS at claim he was responsible for fentanyl overdoses of two brothers and says they died 'under the previous administration' - after mom's heartbreaking testimony to Congress, US housing market faces 20% correction amid further rate hikes and overinflated housing market, Dallas Fed warns, Is air travel going to get even MORE expensive? See here: Innocence Project, Eyewitness misidentification accessed on March 9, 2019. It gathered more than 100 signatures from prominent lawmakers, human rights campaigners and celebrities. To do this, proper testing protocols that reduce chances of contamination need to be followed. Play it now! The shooter wound up crashing the car and escaping on foot. 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. 'And that's why peaceful protests ended up becoming violent - because of the foreign intervention. This section will focus on the courts current treatment of eyewitness testimony. 'In Iran we had an incident. His doctors maintained that he was suffering from pre-senile dementia, and he couldnt remember three numbers backwards or the name of the US president. A neurologist also claimed that Saunders brain was small for a man his age and showed evidence of shrinking. Gareth, a Pulitzer prize-winning journalist, is the series editor of Best American Infographics and can be reached at garethideas AT gmail.com or Twitter@garethideas. It should be revived and approved. In one study, people playing the role of jurors were able to reliably distinguish between accurate and mistaken eyewitnesses when the witnesses had not received any confirmatory feedback. Therefore, when John Warboys applied for parole, an independent psychologist was instructed by his legal representative to assess his risk. If New Jersey can have statewide guidelines, so can California. Nevertheless, these subtle behavioral cues affect eyewitnesses decisions by making them more likely to choose the suspect. You have, Witnesses are Often Wrong: The Case Against Eyewitness ID, Florida City Creates Youth Curfew to Deter Juvenile Crime, Legislator Introduces Laws to Protect Law Enforcement After Temple University Cop is Killed in the Line of Duty, Oversight Report Shows Issues with DOJ Collection of Deaths in Policy Custody Data, Creative Commons Attribution-NoDerivatives 4.0 International License, New York-Based Chinese Gang Steals 3,000 Texas IDs in Cyber Fraud Case, Murdaugh Murder Trial Jurors to Visit Crime Scene, Heartbreakingly Evil: DOJ Strengthens Fight Against Elder Fraud, Sex Abuse of Athletes: Dont Tell is No Longer an Option, Criminal Justice Journalism Wins Pulitzer Prizes, View from the Trauma Center: Why Gun Violence Persists. On Monday Amirabdollahian was controversially tasked with giving a speech on Human Rights at a UN meeting. Judges should strive to make sure the jury is informed of all of the identifications an eyewitness has made prior to the trial. In Winona, Mississippi on July 16, 1996, four people were shot and killed at Tardy furniture store. The nearly simultaneous analyses of evidence from these three cases in the same crime lab in 2002a reunion, of sorts, among Mixer, Ruelas and Leiterman, who were ostensibly last together on the night of the murder in 1969was either an incredible coincidence or the Mixer evidence was contaminated with DNA from both Leiterman and Ruelas. 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. In a recent review of the literature, the authors reported across 15 experiments, suspect identifications made with high confidence were, on average, 97 percent accurate! 32 National Research Council, Identifying The Culprit: Assessing Eyewitness Identification 38, 4-8 (2014). Attributing that error to the unreliability of eyewitness memory is, in our view, pointing the finger of blame in the wrong direction. But if the six eyewitnesses chose Lydell Grant from the lineup only because they were cued to do so by the case detective, why were they so confident in their identifications? In contrast, a high-confidence ID is highly accurate, a surprising fact that has only recently come to be appreciated by experimental psychologists. He served 47 years in prison before his conviction was vacated in 2018. By posting your comment you agree to our house rules. The court tried to deter false identification with a stepped process. the time between the crime and the identification procedure. 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. Gov. Instrumental to the prosecutions theory was the testimony of at least twelve witnesses, each placing Flowers along a discrete portion of the route he was supposed to have traveled that day. The murder victims cold case evidence was there because the case had recently been reopened; the 1969 preschoolers DNA sample was there as part of an active murder investigation, and Leitermans DNA sample was there because he had recently been arrested for forging a prescription. 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. Some elements include the following: First, and most important of all, because the test itself contaminates memory, only the initial memory test provides uncontaminated results. 24 Federal Bureau of Investigation, Crime in the United States 2012: Persons Arrested,. The chance of a lifetime: Five friends ski the tallest mountain in Los Angeles, Shocking, impossible gas bills push restaurants to the brink of closures, Best coffee city in the world? 26 The Innocence Project, DNA Exoneree Case Profiles,. Yet, based on, among other things, this powerful purported eyewitness evidence, Heidelberg was convicted. Jurors trust a confident eyewitness and believe they are telling the truth and that their testimony is accurate [1]. My Blog cases where eyewitnesses were right. 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
Do not sell or share my personal information. His offences led to him being named the black cab rapist by the UK press. Neighbors told arriving firefighters that they had heard a thunderous crash at about the same time as the blaze is believed to have begun. The attendants were also able to have a brief conversation with the driver before he fled on foot. Mr. A Man Was Jailed For 20 Years Due To A Single Eyewitness Who Now Wants To Recant Antonio Mallet's conviction rested on testimony from one eyewitness who, in a new court filing, now says NYPD detectives assaulted him and threatened to lock him up if he didn't blame Mallet for the murder. 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. Therefore, it is important that the individuals allowed to testify are accurate in their recollections. 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. Pregnant), Left and got about 1-2 blocks away and saw a man running west, away from downtown, it was her neighbor Flowers, Clemy pointed it out to Roy but Roy did not recognize him, Couldnt remember his clothes or shoes, did not describe seeing blood on him, Latarsha, Clemys cousin, remains convinced that Clemy made up the story because she felt pressured by law enforcement and because she might be able to get money Latarsha was also taken by the police at 19 to be asked questions and Johnson implied that she might get some of the reward money (30k) if she corroborated, Saw a man running across the street 1-2 blocks away that day of the murders, he was alone (not with Clemy) and it was earlier in the morning and when he was with Clemy later, they did not see anybody running, Law enforcement came and found Roy and he ended up giving a statement to John Johnson, Was shown Flowers picture (school picture) ONLY Flowers asked if that was the person Roy saw running Roy said no and John Johnson pushed Roy that it was Flowers and that Clemy was with him when it happened eventually Roy said he broke down and agreed to the story because he wanted to get out of there (he was afraid of Johnson), After that, Johnson recorded Clemy telling her story of seeing Flowers running away from downtown. 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