This assignment explores the reliability of eyewitnesses and the factors that affect their accuracy. It discusses system and estimator variables in eyewitness testimony and their impact on the reliability of witness statements.
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Are Eyewitnesses Reliable
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Table of Contents Introduction......................................................................................................................................1 Psychological Background...............................................................................................................1 Eyewitness Reliability: System and Estimator Variables................................................................1 Specific System Variable.................................................................................................................2 Specific System Variable Description....................................................................................2 Specific System Variable Article Summary...........................................................................3 Specific Estimator Variable.............................................................................................................3 Specific Estimator Variable Description................................................................................3 Specific Estimator Variable Article Summary.......................................................................4 Conclusion.......................................................................................................................................5 References........................................................................................................................................6
Introduction Eyewitnesses refer to a person who was present at the crime and observed culprit attempting the whole criminal action. It is required to carry out accurate identification of witness because their statement can make decision of right and wrong regarding punishment of court (Jonesand Penrod, 2018). It is mandatory for police force to make sure that witness is honestly giving statement by identifying proves that they were actually present at the place and time of specific incident happen. In context of this assignment, it is based on the question that “Are eyewitness identifications reliable?” which is going to be addressed. Psychological Background In this project, the area considered is eyewitness testimony that is related to psychology that is helpful to evaluate trustworthiness of an individual regarding their statement. The eyewitness testimony can be defined as a legal term which consists about an account given by people of an incident they have witnessed. Basically, it has been analysed that eyewitness testimony is known to be an important area in terms of research in cognitive psychology as well as human memory. It involves the criterion that juries should pay attention to eyewitness testimony and usually find it reliable sources of information which can be considered by court in decision for respective culprit (Wixted,Readand Lindsay,2016). However, it includes number of aspects that are required to be investigated such as anxiety or stress, reconstructive memory, weapon focus and leading questions because eyewitness testimony can get affected by these psychological elements accordingly. It is very important to conduct proper research about eyewitness in order to make sure that their statement is accurate as well as reliable. The witness play an important role in terms of delivering legal punishment to an individual then it essential ensure that desired person should be punished. It is observed that legal important aspect consist about the fact, a culprit must be punished but an innocent should not be punished by any means. However, it has been evaluated that psychological investigation is must to be conducted to make sure reliability of eyewitness so that actual culprit of crime will be punished but not the innocent one. Eyewitness Reliability: System and Estimator Variables Eyewitness reliability is known as an important aspect that should be investigated with the help of using psychological aspects to ensure accuracy of their statements. It includes the specific system and estimating variables that are required to be considered in order to study the reliability 1
of eyewitness. However, it has been analysed that there is a scientific eyewitness identification literature which is based on the difference between estimator variables and system variables. It will provide support to understand about accuracy of statement given by witness. Meanwhile, it is necessary to investigate and compare about estimator variables with system variables that are helpful to ensure that statement of witness is true or false or having few of threats in the whole statement. In addition to this, eyewitness reliability should be investigated by using system and estimator variables to ensure their trustworthiness. It includes system variables are components which are under control of the legal system such as wording of line up instructions that was given at the time eyewitness identification is attempted (Carlsonand et. al., 2017). On the other hand, the estimator variable consist the elements that are not under control of legal system. It includes estimator variable that ‘how good a view of eyewitness had of the perpetrator at the time of crime or whether the witness and perpetrator were of the same different race. However, it is necessary to make an effective as well as efficient research of eyewitness in respect of evaluating their reliability. It will facilitate to make accurate juridical decision against actual culprit. Specific System Variable Specific System Variable Description System variables are those which are responsible for affecting evidence of eyewitness and they remain under control of the criminal justice system. It includes the way through which police put desired questions among the witness and the processes of asking witness in order to determine a perpetrator in an identification parade. Basically, it is necessary to follow desired legal procedure and put appropriate questions which facilitate to evaluate the accuracy of witness statement and their intension of giving statement to police. It involves the to carry out study in terms of investigation the system variables that are known to be an important implications in regard to policing policy as well as practice (Bergoldand et. al., 2020). However, system variables can include an example that if one set of processes are founded to be more effective in respect of eliciting accurate evidence, them arguably, it is required to be adopted as a common practice respectively.Itisobservedthatinvestigationbyconsideringsystemvariablescanbe implemented through altering the manner which researches as well as trails are carried out. In addition to this, it is observed that most of the time the system variables are helpful to identify 2
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the reliability of eyewitness that helps to make accurate decision of judiciary. It is well known that system variables are more effective as well as efficient to be considered in terms of evaluating accuracy of statement given by eyewitness in regards to specific incident of crime. Moreover, it is must to evaluate accuracy and reliability of eyewitness before giving legal punishment to actual culprit. Specific System Variable Article Summary In context of select article, it has been analysed that eyewitness identifications can be consider as an asset or a detriment in terms of investigation carried out criminal attempt. It is consider as vital that the individuals who were engaged in the criminal justice system including police officers, attorneys, judges and jurors. Basically, these people are informed about the myriad variables which are impact on eyewitness identification accuracy. It is necessary to carry out investigation with proper focus in order to ensure about reliability of witness respectively.it has been observed that variables can be categorised into system and estimator variables in which more effective one is system variables that can be involve in almost cases to make sure reliability of eyewitness (Estimator Variables and Eyewitness Identification.,2019). The system variables are known to those aspects to which police have control over them that consist factors such as line up presentation, biased instructions, post identification feedback; line up fairness and wording questions. It is well known that system variables can be used in every criminal cases in order to understand about the reliability of eyewitness which is helpful for judiciary to make appropriate decision against actual culprit of specific criminal incident accordingly. In contrary to system variables, the estimator variables were also use but in few of specific cases but these variables are not under control of police. These elements are responsible for associated with the criminal events such as presence of a weapon, crime seriousness, stress, exposure duration and distance. It also consider the perpetrator like race & disguise as well as witness factors including their age. Specific Estimator Variable Specific Estimator Variable Description On the other hand, the estimator variables may impact on eyewitness evidence and that are under control of criminal justice system. It includes the aspect that perpetrator was wearing a disguise or positioned too far away from a witness for allowing for accurate identification. Meanwhile, 3
such things are considered to be those components which are obviously not get affected by influence of police as well as courts. It has been analysed that elements of estimator are not able utilised in respect of altering the entire procedure utilised in terms of conducting investigations, trails, nevertheless the findings can provided support to determine how likely it is that the witness is capable to render reliable evidence. However, it is not applicable to use in every situation by legal bodies in terms of making juridical decision. These factors can only use and considered by court if outcomes are more likely to provide reliable information by statement of witness. The estimator variables includes the example, that a witness who is responsible for observing perpetrator from a great distance then they are unlikely to be capable for identifying the actual perpetrator in an accurate manner. In addition to this, it has been evaluated that the conducting investigation in respective estimator variable can also be very important when a specific case reaches court. It is observed that it is important to research about estimator variable in respect of the jury in order to understand whether there were factors that might have had an impact on the accuracy of the evidence that is being rendered by eyewitness accordingly. Specific Estimator Variable Article Summary The selected research article has been analysed that estimator variables are known as some elements that are responsible for affecting eyewitness identification accuracy. These components are considered to remain outside the control of criminal justice system. Basically, it includes various specific estimator variables that consist duration of exposure to the perpetrator. It includes the passage of period of time among criminal incident and the identification by considering retention interval (The Role of Estimator Variables in Eyewitness Identification, 2017). However, it involves the factor to be involved that is the distance among the perpetrator and witness at the time of crime.It includes several factors that are known as suboptimal estimator variables including long distance have been long thought in terms of reducing the reliability of identifications of eyewitness. It consist the fact according to the recent evidence that recommend that this is false about identifications made with high confidence and may or may not be true of identifications made with lower confidence respectively. In addition to this, the evidence recommends that the reliability of IDs made with high confidence when suboptimal estimator variables decrease the discriminability accordingly. It includes the fact that appropriate findings are responsible to facilitate to utilisation of estimator variablesintermsofevaluatingreliabilityofeyewitness.However,suchoutcomesare 4
inconsistent with the longstanding “optimality hypothesis” and therefore, it requires afresh theoretical framework. Moreover, the likelihood ratio account is consistent with recent published research looking at the impact of witness age in identification performance. Conclusion From the above assignment, it has been concluded that eyewitness identifications are known to be reliable if proper investigation conducted by considering desired variables. It includes the utilisation of system and estimator variables in order to evaluate the reliability of eyewitness that helps judiciary to make legal decision in appropriate manner. However, it includes the use of system variables that are under control of police that is applicable in most of the cases regarding eyewitness identification. Moreover, estimator variable are considered where findings are more likely to prove reliability of witness. 5
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References Books and journals Jones, A. M., & Penrod, S. (2018). Improving the effectiveness of the Henderson instruction safeguard against unreliable eyewitness identification.Psychology, Crime & Law,24(2), 177- 193. Wixted, J. T., Read, J. D., & Lindsay, D. S. (2016). The effect of retention interval on the eyewitness identification confidence–accuracy relationship.Journal of Applied Research in Memory and Cognition,5(2), 192-203. Carlson, C. A. & et. al. (2017). An investigation of the weapon focus effect and the confidence– accuracy relationship for eyewitness identification.Journal of Applied Research in Memory and Cognition,6(1), 82-92. Bergold, A. N. & et. al. (2020). Eyewitnesses in the courtroom: a jury-level experimental examination of the impact of the Henderson instructions.Journal of Experimental Criminology, 1-23. Online EstimatorVariablesandEyewitnessIdentification.(2019).[Online].Available through:<https://link.springer.com/referenceworkentry/10.1007%2F978-1-4614-5690-2_668> The Role of Estimator Variables in Eyewitness Identification. (2017). [Online]. Available through<http://wixtedlab.ucsd.edu/publications/wixted2017/Estimator_Variables.pdf> 6