Identify your criminal key question
Is eyewitness testimony too unreliable to trust?
Describe what eyewitness testimony is
-EWT is evidence supplied by people who witness specific events of crime, relying on only their memory to recall the event
-it plays an important role in court cases as if an eyewitness can confidently identify a suspect and confirm they saw the, commit the crime, they can persuade the jury to believe them
-EWT is very useful and important as its a first person account of the crime, and is very valuable particularly if no DNA evidence can be provided
Explain why society needs to question the reliability of EWT?
-as EWT is not completely reliable, it could lead to innocent people being falsely sent to jail consistently, leading to society losing trust in the criminal justice system, meaning crimes go unreported for fear of misidentification
-a real example of this happening is when Jennifer Thompson wrongly identified Ronald Cotton as her raper, resulting in him spending 11 years in jail before he was found not guilty
What did the devein report find?
That eyewitness evidence alone should not be enough to convict
What is the innocence project?
-in 2015, the innocence project identified that 72% of wrongful convictions were due to eyewitness misidentification, showing how this is a key issue in society.
Apply the theory of the weapon focus effect to suggest if eyewitness testimony is unreliable
-in violent crimes when the perpetrator is carrying a weapon such as a gun or a knife our brains natural tendency is to zoom in on that as the main source of stress
-this means that eyewitness recall for other important details such as what the perpetrator looked like is likely to be forgotten or misremembered. This is explained by the tunnel theory form of selective attention
Apply the theory of leading questions to suggest if eyewitness testimony is unreliable
-acts as a form of post event information and triggers schemas in the way in which questions are phrased when the witness is asked about their memory of the event
-leading questions as those that lead a person to a specific answer, potentially distorting their own memory recall
Apply the theory of post event information to suggest if eyewitness testimony is unreliable
-any information that arrives after an event that may affect or distort and eyewitnesses memory of what really happened
-human memory is reconstructive and it does not record events in exact detail instead it fits memories within pre-existing frameworks of expectations and passed knowledge known as schemas
Apply the theory of the influence of anxiety to suggest if eyewitness testimony is unreliable
-if anxiety is low eyewitness recall is likely to be poor as attention is not paid to the details of the crime
-as anxiety increases so does eyewitness accuracy of recall because interest and attention is higher to the event. It reaches an optimal anxiety level given optimum eyewitness testimony accuracy
-however if anxiety gets too high and exceeds the optimum eyewitness accuracy will fall to a very low level due to the overwhelming amount of stress
Apply the theory of flashbulb memories to suggest if eyewitness testimony is unreliable
-flashbulb memory is an accurate and exceptionally vivid long lasting memory for the circumstances surrounding learning about a dramatic event
-they are affected by our emotional state
-The analogy behind it is that you often remember where you were, what you were doing, how you were informed, and how you reacted, like the whole scene was illuminated by a flashbulb
-The vividness and accuracy of them can vary across age and culture
Evaluate how reliable eyewitness testimony is