Is Eyewitness Testimony a Reliable Form of Legal Evidence Alone?

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This essay critically examines the reliability of eyewitness testimony as a sole form of evidence within the criminal justice system. It introduces the significance of evidence in criminal cases and focuses on eyewitness accounts, referencing the Police and Crime Evidence Act 1984. The essay discusses factors impacting eyewitness testimony, including memory reconstruction, lineup issues, visual characteristics, and the influence of anxiety and stress. It also addresses potential errors in memory processes, referring to stages of encoding, storage, and retrieval, as well as the Yerkes-Dodson Law's implications on memory under stress. The analysis suggests that while eyewitness testimony can be valuable, its reliability is questionable due to potential manipulation, psychological factors, and memory distortions. The essay concludes that eyewitness testimony should be carefully evaluated and corroborated with other forms of evidence to ensure justice is served effectively.
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Eyewitness testimony is not a
reliable form of evidence
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INTRODUCTION...........................................................................................................................4
MAIN BODY..................................................................................................................................4
Critically examine the idea that eyewitness testimony is not a reliable form of evidence alone.
.....................................................................................................................................................4
CONCLUSION................................................................................................................................8
REFRENCES...................................................................................................................................9
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INTRODUCTION
Criminal laws are the laws that have been used in order to protect society from those
activities which intend to harm public at large. In relation to criminal cases evidences has
important role to play in providing justice. Evidences can be substantial and factual in nature as
they are applied as per case. In this evidence different elements are covered which makes justice
to be served in its real sense. Eyewitness has very important role to play in terms of criminal
cases as they provide information in relation to the crime that has taken place. They can be used
as strong evidence that can turn the case at any point of time. In this essay things discussed is
based upon relevancy of eyewitness testimony as evidence with relevant legislation in relation to
it. Also regarding eyewitness various theories is to be explained within it.
MAIN BODY
Critically examine the idea that eyewitness testimony is not a reliable form of evidence
alone.
Eyewitness testimony is a legal term which is used in reference to an account given by
the people over and event that they have witnessed relation to a criminal activity that was taken
place around them. In other words it can be said that eyewitness testimony is based upon a
person witnessing a crime horror incident which holds legal perspective. Such witness is required
to explain code by recalling accident in detail which has taken place on spot. Witness can be
interviewed by police and nutritious lawyers in order to record statement or analyses this act in
proper manner. It is one of the most important aspects of particular criminal case that helps in
performing research in detail over the fact subject in present in front of court. Eyewitness
testimony has been covered within “The police and crime evidence act 1984” within which
four main types of evidence is covered that are real evidence, demonstrative, documentary and
witness testimony. Eyewitness testimony has been covered within witness testimony as evidence
since it is required to be checked and analyzed by the court. These evidences cannot be
considered relevant in terms of accuracy as various factors impacts eyewitness testimony and
they are Memory reconstruction: it is a common misconception that the human memory works
like a video recording, allowing people to replay events in their minds just as they occurred.
However, Scientific American reports that memories are reconstructed, not replayed. Rather,
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fragments of what people saw are pieced together like a puzzle in their minds as they recall
memories. Consequently, questioning and discussing an event may alter people’s memories, or
their perceptions of what they saw. Lineup issues: witnesses are often asked to identify suspects
through lineups, both physical and photographs. If the proper procedures are not followed,
however, law enforcement officers may unintentionally indicate to witnesses who they should
choose. For example, if the photographs used are different sizes or have different lighting, it may
cause one person’s picture to stand out over the others. When the law enforcement agents
conducting the lineup know who the suspect is, they may give inadvertent signals to the witness.
Visual characteristics: often, witnesses base their identifications off a suspect’s defining
features or characteristics. However, wearing a wig, hat, glasses or other disguise may change
how a person looks. As a result, people may misidentify someone as a suspect, and he or she
may be found guilty of a crime, such as assault or murder, that they did not commit.
Additionally, racial differences between the witnesses and suspects may also affect
identifications. Anxiety and stress: witnessing a crime can be a stressful experience. In some
cases, the anxiety people experience as a result of such events may alter their perceptions of
whom or what they saw. This may lead to inaccurate identifications or testimony. The use of a
weapon during the commission of a crime often compacts this issue because witnesses may focus
on the weapon rather than the suspect or other details. Obtaining legal representation: criminal
allegations can have life changing implications for people in North Carolina, and elsewhere.
Therefore, those who have been charged with a criminal offense may benefit from seeking legal
counsel. An attorney may help them establish a strong criminal defense, as well as ensure their
rights are upheld. This includes questioning the accuracy of witness identifications and
statements.
Eyewitness makes mistake when we feel pressure, stress and undue influence upon them
in relation to the identification process. Also there memory can be contaminated at times which
as many raising the trace of the event which has occurred in front of their eyes. Also at times
people providing eyewitness can perform any kind of psychological disease like short term
memory loss or any other severe mental disorder which causes them to act abnormally
contamination within the evidence and facts. Their memory browser not reliable video as their
accuracy in remembering things cannot be same and may differ from person to person. Operation
person or individual providing such evidence is not confident in nature today won't be able to
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speak the truth out which makes this statement should be Biased at times. Blues of witness
testimony provide crucial evidences which often lead overweight and identification of criminal
suspects with a criminal case. Devdas impact upon trial process and the verdict is given by the
Juliana card of an influence over this witness accounts. The evidence is been used with the
phrase that is the most compelling type of evidence presented police investigation and crime
piles is the eyewitness testimony. The memory formation process ability and sustainable amount
of limitations which can even lead to involved in a curious you within the eyewitness. These
witnesses may at times be useful in storing the information for marking out those cases within
which Landmark judgments are produced. The malleability accounts have been used as piece of
evidence in the court and criminal justice system.
Eyewitness inaccuracy occurs due to errors which has been taken place within the
memory process which is divided in three stages that is according to read and travel. It can take
place at any point of time. In the first stage decoding return about the facts of the statement
which is mistake by the evidence and then it is matched with the facts of the case. Then in
second stage information collected by eyewitness stored hindi form of video aur return statement
form. According to the principles of Yerkes and dodson it has been observed that in criminal is
been expecting that crime is of very little nature and is causing stress to them then they are more
likely to forget things which has taken place in front of their eyes. Also fear anxiety parts
available in which makes their memory collapse immediately. This eventually leads to word
producing information which lacks sustainability that makes justice not to be served in proper
manner.
In order to improve reliability of witness testimony between two using process which is
being conducted by the criminal justice system police station court room ,by judges is required to
be done in very careful manner. Since they have responsibility and impact on the case as they
can change the judgment. The living questions should be avoided and specific questions should
be ask relating the information and much better medal and produce a better that out of it. False
information should be checked through the process of cross examination from the eye witness of
both the parties in order to make sure that relevancy is produced within that final judgment.
eyewitness testimony will also be used as a vital source of evidence by the criminal justice
system for years to come.
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Are you testimony can also be used as a better source of evidence through the criminal justice
system in its near future. Si witness testimony who is very important piece of information which
cannot be retrieved from any other source. Also eyewitness testimony helps police to find out
does aspects with her only and not covered in the case. This leads to what element of potential
cause and evidence which is required produce it in the court. Criminal cases within which no
eyewitness has been produced lot of problems has been faced convicted guilty person and also
relevancy amount Physical evidence like video recordings fingerprints have been proven more
relevant then these evidences. Also eyewitness accounts has been seen to create lot of doubt
which is not an reliable source of information that is to be used within the case and also their
accuracy is question but has made where actual relevancy detained. Their interpretation that at
times can be wrong which makes injustice to be served in a particular case and may break the
basic principle of Justice. Also this message can be easily contaminated various kind of illegal
means electric kidnapping and extortion. Eyewitness testimony is based upon human memory
confirm weight at times and can cause a lot of errors occurred within it is results into making the
facts more critical in nature and increases complexity with the case. This makes eyewitness
testimony become more irrelevant. Eye witness testimony would not able to produce proper
evidence but can only explain the situation. So in relation to relevancy of these evidences it can
be said that eyewitness testimony can create problems wallpaper setting on trial is being
conducted what can also be proven to be an effective evidence against guilty person. Eyewitness
testimony can easily be manipulated at times make them very much relevant in nature.
It can be observed from the discussion that eyewitness testimony cannot be relevant
evidence in relation to criminal justice system as it is able to hinder or manipulate case negative
and positive aspect. Also it can be observed that proper process is used in order to identify a
testimony eyewitness and there are various factors impacting them. Quality of evidence cannot
be produced by eyewitness testimony. As, there are various psychological reasons which can
impact them like memory and behavior of the witness. These witness cannot be proven to
relevant as they would not be able to make justice served in its real sense and can also directly
create an impact upon criminal justice system.
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CONCLUSION
From the above discussion it can be concluded that current situation of the most
important aspect of a country like United Kingdom. In order to provide the justice system
strength evidences are required to be used. Evidences are one of the most important aspect of
criminal justice system and eyewitness testimony is also included within it. In this acid question
is done on the basis of eye witness testimony and various aspects related to it. Also in this essay
relevancy in relation to the eyewitness testimony has been discussed in detail various perspective
that impacts their existence with in the criminal justice system.
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REFRENCES
Books and journals
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and beyond. Development, 62(1), pp.19-28.
Hahnel, R., 2020. Economic justice: Confronting dilemmas. Journal of Economic Issues, 54(1),
pp.19-37
Heeks, R. and Shekhar, S., 2020. ANALYSING URBAN PLATFORMS AND INEQUALITY
THROUGH A “PLATFORM JUSTICE” LENS1. Urban Platforms and the Future City:
Transformations in Infrastructure, Governance, Knowledge and Everyday Life, p.134.
Katz, S.M., 2017. Welfare mothers’ grassroots activism for economic justice. Contemporary
Social Science, 12(1-2), pp.96-109.
Kochanski, A., 2020. The “Local Turn” in Transitional Justice: Curb the Enthusiasm.
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Development. Edward Elgar Publishing.
McGregor, K. and Setiawan, K., 2019. Shifting from international to “Indonesian” justice
measures: two decades of addressing past human rights violations. Journal of
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Qurbani, I.D., Heffron, R.J. and Rifano, A.T.S., 2021. Justice and critical mineral development
in Indonesia and across ASEAN. The Extractive Industries and Society, 8(1), pp.355-362.
Zyngier, D., 2017. How experiential learning in an informal setting promotes class equity and
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Zyngier, D., 2017. How experiential learning in an informal setting promotes class equity and
social and economic justice for children from “communities at promise”: An Australian
perspective. International Review of Education, 63(1), pp.9-28.
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