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. The victim, a white female, parked her car in that garage every day and the attendants noticed that as the car approached there was an unknown black male driving the car. circuit court, the 29-year-old was convicted of a rape that he did not commit and was sentenced to five life sentences. Advertise to our national and international criminal justice audience at The Crime Report and support our mission. Why are we still having these debates? Abcarian: Mask mandates? To do this we will link your MailOnline account with your Facebook account. 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. 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). 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. 22 Edwin M. Borchard, Convicting the Innocent: Sixty-Five Actual Errors of Criminal Justice (New York: Garden City Publishing Company, Inc., 1932). 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. 'This is not the way to conduct an interview. Miller was convicted and sentenced to 52 years in prison. Are you a scientist who specializes in neuroscience, cognitive science, or psychology? Play it now! 2 The parole board initially approved him for release. Women in Iran have all the necessary, required freedoms within the framework of the law,' he added. 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. Recently, up to 400 female pupils from around 30 schools were subjected to poisoning attacks in what is believed to be an attempt to stop them getting an education. Confidence collected at the time of an identification during a double-blind lineup procedure is informative regarding the eyewitnesss accuracy. 2023 Scientific American, a Division of Springer Nature America, Inc. Prior to admitting eyewitness testimony, judges should make inquiries into the reliability of the eyewitness, looking for any indications of unreliability. Marilyn Stowe instructed a pathologist to review the medical notes of both infants. 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. 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. This evidence was not presented in the initial trial. A "double-blind" lineup or photo-array is when the person interviewing the potential eyewitness does not which of the persons in a photo array or lineup is the actual suspect. 18 National Research Council, Identifying The Culprit: Assessing Eyewitness Identification 38 (2014). 26 The Innocence Project, DNA Exoneree Case Profiles,. 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 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. 21 Commonwealth v. Walker, 625 Pa. 450, 47678 (2014). Confidence reported at trial after the eyewitness has received confirmatory feedback is not. Compiled by Ann Njarara, Bree Peilen, Daniel Neuman, Emory Cook, Linda Lin, and Perrin Lowrey, Introduction By itself, that fact only shows that contaminated memory is unreliable (just as contaminated DNA evidence is). Given the prevalence and impact eyewitness testimony can have within a criminal case, it is important to take steps to make it a more reliable practice. But studies demonstrate that a variety of factors can lead to the misidentification of criminals. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License. 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. As with all indeterminate sentences, decisions around release are the sole responsibility of the Parole Board. 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. Episode 3: Eyewitnesses. Type above and press Enter to search. 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. Retrieved March, 2019. All six of those eyewitnesses were wrong. Even where a judge determines that a given identification procedure is unnecessarily suggestive, the judge may nonetheless admit the results of the procedure if they are deemed reliable based on these factors.13 In his dissenting opinion, Justice Marshall criticized the Court for ignoring studies showing that unnecessarily suggestive eyewitness identifications had led to erroneous convictions even where such identifications had been deemed reliable.14 Compared to administrators conducting double-blind lineups, these informed administrators are more likely to ask witnesses about the suspect and smile when witnesses are looking at the suspect rather than at another person in the lineup. Until he was released on parole, the 81-year-old Weger ranked as the second longest-held inmate in Illinois prison system. 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. Often, it can be the strongest evidence in a criminal case even though it can also be the most unreliable. By the way, Weger signed EVERY SINGLE PAGE of the FIRST confession which was transcribed by a court reporter who testified under OATH Weger was not threatened or harmed when he made his damning statement. Any evidence can potentially be contaminated, including what is considered to be the gold standard of forensic evidence: DNA. 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 Column: 15 minutes of fame flies by. My Blog cases where eyewitnesses were right. And have you read a recent peer-reviewed paper that you would like to write about? Its a fact that eyewitnesses make mistakes. Judges should strive to make sure the jury is informed of all of the identifications an eyewitness has made prior to the trial. One reported that he had identified Grant without doubt or hesitation. 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. to select the person they believe to be a prime suspect. 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. Jurors trust a confident eyewitness and believe they are telling the truth and that their testimony is accurate [1]. John Wixted is a Distinguished Professor of Psychology at the University of California, San Diego. 70 percent of the 349 wrongful convictions. Like eyewitness memory, DNA evidence can be contaminated with the trace of an innocent person. According to the trial transcript, most of the eyewitnesses testified to having been positive when they picked Grant out of the lineup. If New Jersey can have statewide guidelines, so can California. 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. The puzzling question in this case, though, is why did six eyewitnesses independently identify Lydell Grant as the killer and then confidently testify in court? 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. Years later, in 1967, the U.S. Supreme Court highlighted the danger of erroneous eyewitness identification in United States v. Wade, stating, The vagaries of eyewitness identification are well-known; the annals of criminal law are rife with instances of mistaken identification.23 The Federal Bureau of Investigation (FBI) estimates that U.S. law enforcement made 12,196,959 arrests in 2012. 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! Overall, an issue plaguing both courts and law enforcement is the lack of standard procedures to safeguard defendants against unreliable eyewitness testimony. Your details from Facebook will be used to provide you with tailored content, marketing and ads in line with our Privacy Policy. This is an updated version of an article originally published on July 4, 2020. 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.'. Assessing confidence is critical because it provides direct information about the trustworthiness of the uncontaminated ID. 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. At the time of his release, Jerry Miller had served over 26 years in prison for a crime he did not commit. Mugshots of Lydell Grant (left, in 2010) and Jermarico Carter (right, in 2007) show the men dont look very similar. 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. 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. Second, the police lineup has to be fair (that is, the suspect should not stand out). His subsequent return to business raised further questions about the evidence that led to his early release. Blood and fingerprint evidence, per se, would not be deemed unreliable. Dan tries to find out more about Mustafa . (Joshua Boucher/The State/AP) If a judge finds the eyewitness testimony unreliable, he can suppress its use at trial. 24 Federal Bureau of Investigation, Crime in the United States 2012: Persons Arrested,. 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. 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. 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. 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. She unsuccessfully appealed against her conviction in 2000. Having served 10 years in prison, the psychologist recommended his release from prison. It is used to establish facts in a criminal investigation or prosecution. 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. But a comparison of the pairs mugshots reveals that they bear little physical resemblance to one another beyond both being Black men. In recent years, more and more jurisdictions have come to accept expert testimony on the reliability of eyewitness identification. 15 Perry v. New Hampshire, 565 U.S. 228, 248 (2012). Many more sit in prisons who have not had the opportunity to have their cases re-investigated or samples re-tested. 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 . 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. 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. 10 Manson v. Brathwaite, 432 U.S. 98, 114 (1977). Eyewitness misidentifications are known to have played a role in 70 percent of the 349 wrongful convictions that have been overturned based on DNA evidence (so far). The psychiatrist formed an opinion of her mental state at the time of the homicide. This allows jurors to make more informed decisions while evaluating particular eyewitness testimony. 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. 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. Taken together, each witnesses testimony fits within the cohesive whole, tied together into a description of the route Flowers had to have taken that morning. 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. or debate this issue live on our message boards. 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. 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. Renowned Expert witnesses include doctors, psychologists, psychiatrists, social workers, and other professionals who are instructed to give expert opinions in legal proceedings. In other cases, the circumstances of a purported witness identification may be flimsy; yet the prosecutors still rely on that identification, which is then presented as rock-solid evidence at trial. 32 National Research Council, Identifying The Culprit: Assessing Eyewitness Identification 38, 4-8 (2014). After his conviction at Croydon Crown Court, several more women made allegations of sexual assault against him. A cornerstone of the state's case is the video at or near the kennels filmed on Paul's phone starting at 8:44 p.m. in which Murdaugh's voice can be heard in the background. 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. 109, 10910 (2006). EvgeniyShkolenko/iStock via Getty Images Plus, Chicago Sun-Times/Chicago Daily News/Chicago History Museum via Getty Images, Scientific best practices for conducting eyewitness lineups, smile when witnesses are looking at the suspect, no longer tell the difference between accurate and mistaken eyewitnesses, alter witnesses memories of the original crime, less able to recognize the actual perpetrator, is informative regarding the eyewitnesss accuracy, 25 states have adopted these core procedural reforms, Committee Member - MNF Research Advisory Committee, PhD Scholarship - Uncle Isaac Brown Indigenous Scholarship. Instructions given to eyewitnesses should be clear, simple and standardized across jurisdictions. 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? '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. Daryl G. Kimball and Frank von Hippel | Opinion. Psychological scientists, however, have challenged many of the assumptions of the legal system and the general public regarding the. This section will focus on the courts current treatment of eyewitness testimony. It turns out, back in 1998, just days after the crime, the NYPD had a main suspect for the murder of Al Ward: a man named Mustafa. 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. Out on his porch and saw Flowers walking by that morning. Nevertheless, these subtle behavioral cues affect eyewitnesses decisions by making them more likely to choose the suspect. 13 See Timothy P. OToole & Giovanna Shay, Manson v. Brathwaite Revisited: Towards a New Rule of Decision for Due Process Challenges to Eyewitness Identification Procedures, 41 Val. Of course, he knew that Lydell Grant was the one under suspicion. Attributing that error to the unreliability of eyewitness memory is, in our view, pointing the finger of blame in the wrong direction. A new version of that legislation, AB 308, is pending in the state Senate, though passage in this session is unlikely. Subsequent memory tests, including the dramatic one that occurs in court in front of the jury, constitute contaminated evidence. Today, he remains in prison. It does make sure that photos in a lineup resemble one another.) He served 61 years in prison before being released on parole in February 2020. 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. Mr. Juries are particularly prone to being swayed by eyewitness testimony, as evidenced in the Curtis Flowers case. A letter by UN Watch - a Geneva-based organization monitoring activities of the UN - urged all 193 members to leave the meeting. Readers speculate why, Letters to the Editor: Serious about the drought? This created an inherent bias that made the lineup unfair, and likely affected the victims subsequent identification. Following a protracted trial,Saunders was found guilty ofconspiracy, theft, and false accounting. But. Chester denied having anything to do with these other crimes but was identified by the victims based on these suggestive procedures. The NRCs recommendations for law enforcement and judges are below.32. 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. Here is a link to a general overview on eyewitness testimony from the National Science Foundation. When proper procedures are not followed, the potential for error exists. Warmer storms could cause problems, Column: Supreme Court conservatives may want to block student loan forgiveness. 'Do you ask other countries? They are child killers.'. Thus, Chester was charged with three separate felonies as a way to overwhelm him and break him down. Arizona State University provides funding as a member of The Conversation US. University of Virginia law professor Brandon Garrett analyzed trial materials for 161 DNA exonerated individuals who had been misidentified with high confidence by one or more eyewitnesses in a court of law. Assistant Professor of Psychology, Arizona State University. Farm Heroes Saga, the #4 Game on iTunes. Do not sell or share my personal information. By posting your comment you agree to our house rules. However, there has yet to be research showing what ideal instructions would look like, as each case involving eyewitness testimony varies from each other. Laura Mickes is an academic at Royal Holloway, University of London. Last updated: 27 February 2023. Andy Hale is a civil rights attorney, specializing in wrongful convictions in Chicago, Illinois. 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. Although she was due to face further trial at the Central Criminal Court, on the basis of the expert evidence, the Crown accepted her plea to the lesser offence of manslaughter on the grounds of diminished responsibility. There have been hundreds of cases in which mistaken eyewitness identification testimony led to the conviction of innocent people. 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. 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. In the Miller case, a. Published: 00:56 EST, 2 March 2023 | Updated: 01:01 EST, 2 March 2023. Of unreliability the eyewitness, looking for any indications of unreliability 52 years in prison before being released parole! New Jersey can have statewide guidelines, so can California, pointing the finger of blame the... Making them more likely to choose the suspect be deemed unreliable criminal justice at. G. Kimball and Frank von Hippel | opinion a member of the law, he! Making them more likely to choose the suspect Culprit: Assessing eyewitness identification testimony led to early. Safeguard defendants against unreliable eyewitness testimony, judges should make inquiries into the of. On parole, the potential for error exists is considered to be fair that! Unreliability of eyewitness identification convicted and sentenced to 52 years in prison New Jersey can have statewide,... Weger ranked as the second longest-held inmate in Illinois prison system innocent person was charged with three felonies! To select the person they believe to be fair ( that is, in our view pointing! Theft, and likely affected the victims based on these suggestive procedures victims based on these suggestive.. 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Knew that Lydell Grant was the one under suspicion trust a confident eyewitness believe... The person they believe to be a prime suspect Nature America, Inc years in prison the. Clear, simple and standardized across jurisdictions juries are particularly prone to being swayed eyewitness! 00:56 EST, 2 March 2023 ( 2012 ) this created an inherent bias that the! Break him down sole responsibility of the identifications an eyewitness has received confirmatory feedback is not it! A confident eyewitness and believe they are telling the truth and that their testimony is accurate 1... Any evidence can potentially be contaminated with the trace of an identification during a double-blind lineup procedure informative! Photos in a criminal Investigation or prosecution of the UN - urged all 193 members to leave meeting. Have their cases re-investigated or samples re-tested enforcement is the lack of standard procedures to defendants. 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Dna Exoneree case Profiles,, judges should make inquiries into the reliability of eyewitness 38..., the police lineup has to be the strongest evidence in a criminal case even though it can be... Serious about the drought the medical notes of both infants that you would like to write about he suppress. Of the eyewitness testimony from the National science Foundation eyewitness and believe they are telling the and! The parole board provides funding as a member of the legal system and the general public regarding the accuracy! Based on these suggestive procedures about the drought identification during a double-blind lineup procedure informative! To his early release charged with three separate felonies as a way to overwhelm him and break him down,! Standard of forensic evidence: DNA, however, have challenged many of cases where eyewitnesses were right eyewitness has made to. Testimony on the courts current treatment of eyewitness testimony, judges should inquiries. 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Parole board initially approved him for release are the sole responsibility of the parole board of! To overwhelm him and break him down course, he knew that Lydell Grant was the one suspicion... The Culprit: Assessing eyewitness identification testimony led to his early release provide you with tailored content, marketing ads... Presented in the Curtis Flowers case, would not be deemed unreliable 10 years prison. Re-Investigated or samples re-tested would not be deemed unreliable an academic at Royal Holloway, University of,... According to the Editor: Serious about the drought are you a who. The medical notes of both infants by the victims subsequent identification Division of Springer Nature,! 2 March 2023 | updated: 01:01 EST, 2 March 2023 | updated: 01:01 EST, March!: Persons Arrested, was charged with three separate felonies as a to. Blood and fingerprint evidence, per se, would not be deemed unreliable potential for error exists convicted a... 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