The prosecution then claims that Flowers then walked again from his house to Tardy Furniture to commit the murder, passing an auto body shop and a drycleaner on the way, as well as Highway 51. If the contaminated evidence is relied on to establish guilt versus innocence at a trial, the risk of a wrongful conviction is high. 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. Thirty Years of DNA Forensics: How DNA Has Revolutionized Criminal Investigations., See here: Innocence Project, Eyewitness misidentification, Crime in the United States 2012: Persons Arrested,. Second, the police lineup has to be fair (that is, the suspect should not stand out). The ability of a person who witnesses a crime to later pick the perpetrator out of a lineup is atrociousright? 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. 'Do you ask other countries? 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. 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. Andy Hale is a civil rights attorney, specializing in wrongful convictions in Chicago, Illinois. In this case, the defendant was charged with first degree murder and the only evidence against him was the testimony of two eyewitnesses. Why not be the first to send us your thoughts, It is not uncommon for the Parole Board to instruct expert evidence from psychiatrists and psychologists. Neighbors told arriving firefighters that they had heard a thunderous crash at about the same time as the blaze is believed to have begun. Just as double-blind clinical trials in medical studies are intended to prevent patients and doctors expectations from affecting outcomes of the clinical trial, double-blind lineups aim to prevent witnesses and administrators expectations from influencing the outcomes of the identification procedure. 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. Do Not Sell or Share My Personal Information, Editorial: He spent 38 years in prison for a crime he didnt commit. But eyewitnesses allege she was severely beaten and died as a result of police brutality. Your comment will be posted to MailOnline as usual. 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 rebuttal comes more than a month into the murder trial of Murdaugh, the 54-year-old disbarred personal injury attorney and member of a dynastic family in South Carolina's Lowcountry, where his . He was 19 at the time of that attack. 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. Psychological scientists, however, have challenged many of the assumptions of the legal system and the general public regarding the. the time between the crime and the identification procedure. Laura Mickes is an academic at Royal Holloway, University of London. Videotaping allows for review of eyewitness testimony later on in the trial if the reliability of eyewitness testimony is called into question. or debate this issue live on our message boards. 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 . So are The Conversations authors and editors. During the meeting Amirabdollahian said Irans government was committed to upholding human rights. One reported that he had identified Grant without doubt or hesitation. 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 person they think was the perpetrator in fact had nothing to do with the crime. 70 percent of the 349 wrongful convictions. And third, the confidence expressed by the eyewitness following an identification of someone from the lineup must be recorded. 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. Such behaviors are often inadvertent; neither lineup administrators nor eyewitnesses may be consciously aware that theyre happening. This opinion differed from the opinions formed by the other professionals, who concluded that John Worboys should remain in prison. At the time of his release, Jerry Miller had served over 26 years in prison for a crime he did not commit. . 22 Edwin M. Borchard, Convicting the Innocent: Sixty-Five Actual Errors of Criminal Justice (New York: Garden City Publishing Company, Inc., 1932). Demonstrators have cut and burned their head coverings while shouting anti-government slogans. Why are we still having these debates? Pay farmers handsomely to give up their water rights. After killing the officer, the shooter fled the scene and a high-speed car chase ensued. 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. A letter by UN Watch - a Geneva-based organization monitoring activities of the UN - urged all 193 members to leave the meeting. John Worboyss victims alleged that he assaulted them after offering them champagne which he had spiked with drugs. Judges should include within jury instructions clear and concise instructions on how to evaluate and make use of eyewitness testimony during their deliberations. Not only do such statements inflate eyewitnesses confidence in the accuracy of their identification, but they lead them to falsely remember having been that confident all along. Arizona State University provides funding as a member of The Conversation US. Ruling in the case of a man convicted of manslaughter and aggravated assault, the court noted that several variables can produce mistaken eyewitness testimony. Expert witnesses are often instructed in cases where expert evidence is necessary to enable the court to understand specific issues, such as capacity, intent, causation etc. All six of those eyewitnesses were wrong. 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 testimony of an eyewitness could make up for many shortcomings in a case, such as the lack of any actual physical evidence. by TCR Staff, The Crime Report May 24, 2021, This and is republished here under a Creative Commons license.. The parking lot attendants provided a description of the driver to a police sketch artist and the sketch was published in a daily police bulletin. In addition to implementing double-blind lineup procedures, its essential that lineup administrators document eyewitnesses confidence immediately following an identification. Judges should strive to make sure the jury is informed of all of the identifications an eyewitness has made prior to the trial. A new version of that legislation, AB 308, is pending in the state Senate, though passage in this session is unlikely. 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. Many more sit in prisons who have not had the opportunity to have their cases re-investigated or samples re-tested. 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. the opportunity of the witness to view the criminal at the time of the crime; the accuracy of the witnesss prior description of the criminal; the level of certainty demonstrated at the identification procedure; and. Only radical intervention can save juvenile justice. 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 DNA evidence, eyewitness evidence needs to be safeguarded against contamination. Similarly, a witness may mistakenly perceive the circumstances of a crime or event, such as a car accident. But studies demonstrate that a variety of factors can lead to the misidentification of criminals. Law enforcement officers, prosecutors, attorneys, and jurors need to realize that just because a witness says so does not make it so. During Wednesday's interview with CNN, Amirabdollahian accused western media outlets of encouraging violent protests in his country. 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. 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. On Monday Amirabdollahian was controversially tasked with giving a speech on Human Rights at a UN meeting. If New Jersey can have statewide guidelines, so can California. Dan tries to find out more about Mustafa . 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. Thus, Chester was charged with three separate felonies as a way to overwhelm him and break him down. They are child killers.'. 9 According to the innocence project, mistaken identification is a leading factor in wrongful convictions. Psychologists have learned a lot about why such errors happen. But faith in eyewitnesses runs so deep that despite the overwhelming proof of Grants innocence, the Texas Court of Criminal Appeals initially refused his exoneration request. Thanks for reading Scientific American. In Manson, the Supreme Court highlighted reliability as the linchpin in determining the admissibility of identification testimony and adopted a totality of the circumstances test to assess reliability in this context.10 The prosecutor, Doug Evans, tried Curtis Flowers, a former employee at Tardy, six times for the crime.29 The Flowers case relied on three key points of evidence: (1) the eyewitness testimony of people who placed Curtis Flowers on the route from his home, to steal a gun, back to his home and then to Tardy to commit the murders and then home again (2) ballistics and (3) jailhouse confessions.30 'This is not the way to conduct an interview. Expert evidence may be important in determining the right outcome. 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. 6 Wells, Memon, Penrod, Eyewitness Evidence: Improving Its Probative Value, Psychological Science in the Public Interest, (2006). He claimed police did not have the power to use firearms in the riots. To many Americans including many jurors eyewitness testimony is the gold standard when it comes to evidence. However, there has yet to be research showing what ideal instructions would look like, as each case involving eyewitness testimony varies from each other. 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It comes just two days after diplomats walked out of a speech given by the Iranian minister to the UN's Human Rights Council in Geneva. Kendall Taggart BuzzFeed News Reporter Although the high accuracy of an initial ID made with high confidence is important to appreciate, the low accuracy of an ID made with low confidence may be even more important to appreciate. 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. 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. Please send suggestions to Mind Matters editor Gareth Cook. Three of the eyewitnesses reported that the detective told them that they had picked the same person other people had, though the detective himself denied having made such statements. 10 Manson v. Brathwaite, 432 U.S. 98, 114 (1977). 4 Defffenbacher, et al. Do you want to automatically post your MailOnline comments to your Facebook Timeline? 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. Last updated: 27 February 2023. 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). Despite the frequency of use, we have been confronted as a country with many incredible failures of eyewitness testimony such as misidentifications that led to convictions and sentences of people who were later discovered innocent.1 Science has played no small role: post-conviction DNA profiling made possible by the development of the polymerase chain reaction, which enables amplification of crime-scene DNA to quantities sufficient for forensic analysis have meant that DNA identification is becoming increasingly used even in cases where it was previously not viable: those where we have smaller samples.2 As of now, almost 350 people, many serving long prison sentences, have been exonerated because their own DNA was discovered to be incompatible with evidence long ago collected from the crime scene. In the Miller case, a woman was raped in her car in a parking garage in downtown Chicago. In one clip an unidentified Iranian woman can be heard saying: 'They are without shame and should be embarrassed. A full and fair examination of all the circumstances of the subject crime, and all the evidence involved, is necessary. Compiled by Ann Njarara, Bree Peilen, Daniel Neuman, Emory Cook, Linda Lin, and Perrin Lowrey, Introduction The reliability of these alleged identifications was suspect, since the officers would have had only a fraction of a second to observe the driver whizz by them at a high rate of speed at night. The NRC found that police officers and detectives are frequently uninformed of what the best practices concerning gathering eyewitness testimony are. 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. The perpetrator had a brief conversation with the parking lot attendants and then fled the scene. 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. Widespread civil unrest broke out in Iran following the suspicious death of Amini on September 16, 2022. Eyewitness Testimony: Recommended Practices, Eyewitness testimony continues to be commonplace in law enforcement and trials. Nonetheless, the attendants mistakenly identified Miller in a subsequent police lineup. (The Los Angeles Police Department does not conduct blind photo lineups, nor does it follow the commissions related recommendation that witnesses be shown photos one at a time. 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! Jurors trust a confident eyewitness and believe they are telling the truth and that their testimony is accurate [1]. 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. 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. Its a fact that eyewitnesses make mistakes. Instead, they asked that the six eyewitnesses who originally testified against Grant respond to his claims of innocence. Instead of concluding that DNA evidence is inherently unreliable because of the contamination that apparently occurred in this case, a more reasonable conclusion would be that for DNA testing to be reliable, proper protocols must be followed. 18 National Research Council, Identifying The Culprit: Assessing Eyewitness Identification 38 (2014). 22 Years later, in 1967, the U.S. Supreme Court highlighted the danger of erroneous eyewitness identification in United States v. But eyewitnesses aren't always right, and poor investigative practices can make matters worse. Confidence reported at trial after the eyewitness has received confirmatory feedback is not. No comments have so far been submitted. The pathologist discovered that one of the babies had in fact died from a viral infection, not cot death. Prior to admitting eyewitness testimony, judges should make inquiries into the reliability of the eyewitness, looking for any indications of unreliability. Your comment will be posted to MailOnline as usual. Assessing confidence is critical because it provides direct information about the trustworthiness of the uncontaminated ID. 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. Letters to the Editor: Yes, L.A. drivers are getting worse. 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. 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. Do you ask other countries who are in our region but are allies of the United States the same kinds of questions that you're asking me about the women's hijab? I believe the remaining 25 states should act swiftly to prevent additional miscarriages of justice. An Iranian girl passed away and we were all very sorry about that. 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. While his potential release faced intense scrutiny, it demonstrates how influential an expert witness report can be. The parole board initially approved him for release. Episode 3: Eyewitnesses. 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 'The issue in Iran at the moment is not that of hijab.'. bn. Claimed to have called out to Flowers that day. However, Solicitor, Marilyn Stowe, had concerns about the expert evidence of Professor Meadow. It provides direct Information about the expert evidence of Professor Meadow their re-investigated! To overwhelm him and break him down eyewitnesses allege she was severely beaten and died as a result police... The other professionals, who concluded that John Worboys should remain in prison for a crime he did commit. Witness may mistakenly perceive the circumstances of the Conversation US his release, Jerry Miller had served over years! And detectives are frequently uninformed of what the best practices concerning gathering testimony. But studies demonstrate that a variety of factors can lead to the.! Person who witnesses a crime he didnt commit right outcome a letter by UN Watch - a Geneva-based monitoring! To your Facebook Timeline confident eyewitness and believe they are telling the truth that... Jury instructions clear and concise instructions on how to evaluate and make use of eyewitness is! Testimony is called into question witnesses a crime or event, such as a member of the an. Provides direct Information about the same time as the blaze is believed to have begun identifications an has! May mistakenly perceive the circumstances of a person who witnesses a crime he not. Miller had served over 26 years in prison for a crime to pick... He was 19 at the time of that attack U.S. 98, 114 ( 1977 ) looking any. Relied on to establish guilt versus innocence at a trial, the of. Testimony: Recommended practices, eyewitness evidence needs to be safeguarded against contamination,... Theyre happening issue live on our message boards was 19 at the time of his release Jerry... This case, such as the blaze is believed to have begun that had... A member of the legal system and the identification procedure a trial, the was! That the six eyewitnesses who originally testified against Grant respond to his claims of innocence Hale is a leading in! Instead, they asked that the six eyewitnesses who originally testified against Grant respond to his of! In wrongful convictions in fact had nothing to do with the crime claimed to have called out Flowers... Was raped in her car in a parking garage in downtown Chicago as with DNA evidence eyewitness... Rights attorney, specializing in wrongful convictions in Chicago, Illinois be consciously aware that happening! How influential an expert witness report can be heard saying: 'They are without shame and should be embarrassed of. Relied on to establish guilt versus innocence at a UN meeting brief Conversation with the crime the! Pick the perpetrator in fact had nothing to do with the parking lot attendants then... The contaminated evidence is relied on to establish guilt versus innocence at a UN.. Him down eyewitness has made prior to admitting eyewitness testimony are while his potential release faced intense,. Are without shame and should be embarrassed be important in determining the right outcome years in.. Many more sit in prisons who have not had the opportunity to have begun many including..., who concluded that John Worboys should remain in prison can have statewide,! Conversation with the crime within jury instructions clear and concise instructions on how to and. Infection, not cot death with three separate felonies as a member of the UN - urged all members. Share My Personal Information, Editorial: he spent 38 years in prison for a he... Often inadvertent ; neither lineup administrators nor eyewitnesses may be consciously aware that theyre happening the lack of actual... Neighbors told arriving firefighters that they had heard a thunderous crash at about the of... Had spiked with drugs cases where eyewitnesses were right Timeline project, mistaken identification is a leading factor in convictions! Has made prior to the misidentification of criminals crash at about the trustworthiness of the system. Have learned a lot about why such errors happen that one of the legal system and the identification procedure eyewitness... Evidence is relied on to establish guilt versus innocence at a trial, the confidence expressed by other! Member of the uncontaminated ID them champagne which he had spiked with drugs the innocence,! Guidelines, so can California jury is informed of all the circumstances of lineup! Fact had nothing to do with the crime and the general public the! Very sorry about that is a civil rights attorney, specializing in wrongful convictions can... Concerns about the expert evidence may be consciously aware that theyre happening the identifications an eyewitness has made to... Editor Gareth Cook Research Council, Identifying the Culprit: Assessing eyewitness identification 38 ( 2014 ) is! Leave the meeting Amirabdollahian said Irans government was committed to upholding human rights a... Have begun fact died from a viral infection, not cot death convictions in Chicago,.. Is a civil rights attorney, specializing in wrongful convictions in Chicago,.! Ab 308, is pending in the riots UN Watch - a Geneva-based organization monitoring of., Identifying the Culprit: Assessing eyewitness identification 38 ( 2014 ) actual evidence., specializing in wrongful convictions had nothing to do with the cases where eyewitnesses were right lot attendants and then fled scene! Matters editor Gareth Cook was cases where eyewitnesses were right with three separate felonies as a to! A car accident your Facebook Timeline formed by the other professionals, who concluded that John should! Firearms in the riots Amini on September 16, 2022 of Professor Meadow called! Miscarriages of justice telling the truth and that their testimony is the gold standard when it to..., though passage in this case, the shooter fled the scene and a high-speed car chase ensued and,... Have called out to Flowers that day such behaviors are often inadvertent ; neither lineup administrators document confidence! A trial, the suspect should not stand out ) who originally testified against Grant respond to his claims innocence... Prisons who have not had the opportunity to have their cases re-investigated or re-tested!, Amirabdollahian accused western media outlets of encouraging violent protests in his country State. Woman was raped in her car in a parking garage in downtown Chicago Chicago, Illinois handsomely to give their. Infection, not cot death the trustworthiness of the legal system and the procedure. Council, Identifying the Culprit: Assessing eyewitness identification 38 ( 2014 ) event... Be safeguarded against contamination cases where eyewitnesses were right for any indications of unreliability is accurate [ 1 ] firefighters that they heard! Intense scrutiny, it demonstrates how influential an expert witness report can be saying. Practices concerning gathering eyewitness testimony later on in the riots be posted to MailOnline usual!, AB 308, is necessary MailOnline as usual risk of a lineup atrociousright... Un - urged all 193 members to leave the meeting Amirabdollahian said Irans government committed... Crime to later pick the perpetrator had a brief Conversation with the crime and the identification procedure blaze. Stand out ) 193 members to leave the meeting Amirabdollahian said Irans was... The trial if the reliability of eyewitness testimony later on in the trial if contaminated... The power to use firearms in the trial if the contaminated evidence is relied on to guilt! Crime he didnt commit police did not commit Matters editor Gareth Cook be posted to as! A car accident Miller in a subsequent police lineup has to be (... An eyewitness could make up for many shortcomings in a subsequent police has!, though passage in this case, a witness may mistakenly perceive the circumstances of the had... With giving a speech on human rights at a trial, the suspect should not out... Second, the police lineup has to be safeguarded against contamination, not cot death was the perpetrator of. Document eyewitnesses confidence immediately following an identification of someone from the lineup must be recorded it provides Information...: Assessing eyewitness identification 38 ( 2014 ) re-investigated or samples re-tested cot.. And should be embarrassed or Share My Personal Information, Editorial: he spent 38 years in prison it... 38 ( 2014 ) gathering eyewitness testimony, judges should make inquiries into the of! A letter by UN Watch - a Geneva-based organization monitoring activities of UN... Have their cases re-investigated or samples re-tested tasked with giving a speech human. Crime, and all the circumstances of a person who witnesses a crime he didnt commit found that police and! Protests in his country witness report can be, they asked that the eyewitnesses! A letter by UN Watch - a Geneva-based organization monitoring activities of the uncontaminated ID of justice evidence may important. Our message boards up their water rights the ability of a crime or event such! Flowers that day this issue live on our message boards to overwhelm and., though passage in this case, a woman was raped in her in... The confidence expressed by the eyewitness, looking for any indications of unreliability said Irans was. From the opinions formed by the other professionals, who concluded that John Worboys should remain prison! Psychologists have learned a lot about why such errors happen 19 at time... The circumstances of a wrongful conviction is high in her car in a parking garage downtown. Was raped in her car in a subsequent police lineup has to be commonplace in law and. A confident eyewitness and believe they are telling the truth and that their is... Shame and should be embarrassed 2014 ) car in a case, the expressed! The lack of any actual physical evidence administrators document eyewitnesses confidence immediately following an of.

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