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Testimony Of Witness Essay
II.Testimony of Witness
The witness claims to be approximately 40 years old and testified that he understands Dari and Pashto, but can read very little. He has lived in the
house that he currently lives in most of his life and there are currently thirty–four people living on the family compound, which has four houses on it.
Their father who died approximately ten years ago at the age of 65 owned the family compound. Their father suffered from Diabetes, high blood
pressure and "heart problems". Their mother died approximately 25 years ago of "shortness of breath." According to the witness, none of the other
family members have any illnesses.
All of the families live together at the compound in Gardiz in the Province of Paktia. However, Aminullah, and his wife and children, moved to Kabul
approximately one year before the accident. After the accident, Aminullah's widow and children moved back to the family compound.
The witness attended school for four or five years and currently buys and sells Corolla automobiles. He started selling cars with Obeidullah
approximately twenty years ago. The brothers did not share a partnership and they did not share the profits. The witness testified that his business
generates a profit of 1,000 ... Show more content on Helpwriting.net ...
The family members that would have benefited from his contributing include Obeidullah' s wife, daughter and son. He does now know if Obeidullah
was providing financial assistance to his brother Hamidullah or his brother Besmillau. Obeidullah was not providing support to the witness, but he was
helping to cover their brother, Mustafa's school expenses, which was 7,000 – 8,000 AFN. According to the witness, even though their sister Khasa is
married, at times, Obeidullah would give her money, but the witness does not know how much. The witness does not if Obeidullah was providing their
sister's Zarin and Nasren, who are both married, with
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Eyewitness Testimony In The Criminal Justice System
Word count: 807
Eyewitness testimony is an account given by a person who was present at an event for example a robbery and they give a recollection of the event in
front of the court of law. The testimony can include a description of the perpetrators, details of the crime scene and other factors which could help
determine the defendant's guilt or innocence. An eyewitness testimony is relevant in the criminal justice system because it's one of the main forms of
evidence used in court. Eyewitness testimony can be unreliable; an example of this could be discussion by witnesses which will be discussed later on
the essay. There are measures that the Criminal Justice system (CJS) can put in place to increase the reliability of the testimony in turn... Show more
content on Helpwriting.net ...
The work of loftus and palmer showed how easy it is to alter someone's answer by simply changing the question given to them. The CJS are taking
steps to take more notice of the problems identified in this essay. Eyewitness testimony is a crucial part of prosecution even in the modern day and can
be the tipping point whether the guilty defendant gets sentenced or
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Eyewitness Testimony
There has been considerable interest and study in the accuracy or inaccuracy of the use of eyewitness testimonies in the current criminal justice system.
Results collated by several studies add to the bulk of literature suggesting that the current usage of eyewitness testimony by the legal system is far from
ideal. Currently, high emphasis is being placed on reviewing and reconsidering eyewitness accounts (Leinfelt, 2004). In particular, recent DNA
exoneration cases have shown that mistaken eyewitness identification was one of the largest factors contributing to the sentence of innocent people
(Wells & Olson, 2003). For example, 75% of the first 271 cases of DNA exoneration in the US resulted in eyewitnesstestimony error (Brewer & Wells
cited ... Show more content on Helpwriting.net ...
Given these findings, it suggests that if an unfamiliar story can be re–told with significant changes by all those who participated in the study, a
statement given by an eyewitness is subject to the same results (Leinfelt, 2004). Having considered Bartlett's research in 1932, it is also reasonable to
consider the criticism of Gauld and Stephenson (1967), as they discovered if the participants were told of the importance of accurate recall, the number
of errors made in the re–telling was notably reduced. Arguably, real life cases and laboratory findings have shown that although eyewitnesses
understand the importance of accuracy, recall is not without error (Tversky & Tuchin, 1989).
Subsequently, a study led by Brewer and Treyens (1981) involved further research into the tie between schemas and visual memory. The experiment
supported the theory of schema expectancy – participants, who were placed in a workplace setting, were able to easily recall office supplies as
opposed to the more unusual items also left in their vicinity (Brewer & Treyens, 1981). Once again, this leads to the inference that the witness can
unconsciously alter recollection of events in eyewitness testimony, and that there is no guarantee of accuracy in their statement (Leinfelt,
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Mr. George Hearing
I attended a hearing on your behalf in the above matter before Judge Burke in Hudson, New York, on 05/17/2017. The claimant was present and
represented by attorney Ed DeLauter. Your insured, Robert George, was present to give testimony.
As you know, this is a controverted claim which we are defending on the grounds the claimant is not an employee but rather an independent contractor.
At the last hearing we took the testimony of the claimant. The claimant does not speak English and required a Spanish interpreter. The testimony was
quite lengthy and we used up the entire time allowance. The Judge terminated the testimony before we were able to completed the claimant's testimony
or the testimony of Mr. George. The minutes of that testimony have been... Show more content on Helpwriting.net ...
George.
I had spoken to Mr. George on at least three (3) occasions to review the facts and circumstances of this case and to prepare him for his testimony. I
spoke to him for at least an hour the day before this hearing, reviewing the outstanding issues and answering questions that he had regarding the case.
At this hearing I had Mr. George testify he operates Robert George Design Group, LTD. That he knows the claimant and has known him since around
2007. He describes his work as doing landscaping, outdoor masonry and patio work. He testified he has a subcontractor relationship with the claimant.
He said the claimant's expertise were in such things as roofing, sheet rocking, painting and equipment maintenance.
Mr. George testified the claimant would work for him a daily rate.
Mr. George first met the claimant in 2007 when the claimant was doing some work for him at his house. The claimant asked if he could do work for
him and Mr. George told the claimant he would need to have insurance and a tax ID#. The claimant obtained a tax ID# and Mr. George helped him
obtain a policy of liability insurance. A certification of insurance has previously been
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Pros And Cons Of Hearsay Testimony
When a crime is committed, one of the most important evidences for convincing jurors to make the decision is witness evidence. Witnesses in crimes
have also been a crucial part on determining the final verdict. However, child witness testimony should not be allowed due to the harm that it inflicts
on children. The article between a rock and a hard place: Why hearsay testimony may be a necessary evil in child sexual abuse cases by Watters, T.,
Brineman, J., & Wright, S. compares the positive and negative of using hearsay testimony instead of child testimony. The authors argues that the
benefits outweighs the cost.
Personally, I agree with the author's argument of the pros outweighing the cons when it comes to hearsay testimony. The negatives to childwitness ...
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For example, the child has to face with the defendant of the crime who may possibly have been guilty. In addition, the defense attorney will question
the child or even accused of the child on fabricating abuse (Watters, Brineman & Wright, 2007). Furthermore, the traumatization faced by the child
may cost psychological damages in the near future. In the study by Wolfman, M., Brown, D., & Jose, P. (2016), 27 trained child witness interviewers
are brought into the study as participants. Half of the participants works full time and the average experience is 5.2 years. The study found that
depending on the relationship with the defendant and the severity of the damaged caused to the child, the responses to the questions will be effected
due to increase in anxiety and intimidation (Wolfman, Brown & Jose, 2016). Since the child has to go through multiple interviews before trail such as
caretaker, police or social services, the risk may increase. The effect of multiple trails compared to single trails can lead to more negative effects on
mental health, children experience more
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Pros And Cons Of Hearsay Testimony
When a crime is committed, one of the most important evidences for convincing jurors to make the decision is witness evidence. Witnesses in crimes
have also been a crucial part on determining the final verdict. However, child witness testimony should not be allowed due to the harm that it inflicts
on children. The article between a rock and a hard place: Why hearsay testimony may be a necessary evil in child sexual abuse cases by Watters, T.,
Brineman, J., & Wright, S. compares the positive and negative of using hearsay testimony instead of child testimony. The authors argues that the
benefits outweighs the cost.
Personally, I agree with the author's argument of the pros outweighing the cons when it comes to hearsay testimony. The negatives to childwitness ...
Show more content on Helpwriting.net ...
For example, the child has to face with the defendant of the crime who may possibly have been guilty. In addition, the defense attorney will question
the child or even accused of the child on fabricating abuse (Watters, Brineman & Wright, 2007). Furthermore, the traumatization faced by the child
may cost psychological damages in the near future. In the study by Wolfman, M., Brown, D., & Jose, P. (2016), 27 trained child witness interviewers
are brought into the study as participants. Half of the participants works full time and the average experience is 5.2 years. The study found that
depending on the relationship with the defendant and the severity of the damaged caused to the child, the responses to the questions will be effected
due to increase in anxiety and intimidation (Wolfman, Brown & Jose, 2016). Since the child has to go through multiple interviews before trail such as
caretaker, police or social services, the risk may increase. The effect of multiple trails compared to single trails can lead to more negative effects on
mental health, children experience more
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Leontes Irrational Judgment
Everyone on this earth shows immoral actions and shows irrational judgement from time to time. The Winter's Tale, by William Shakespeare, shows
this through Leontes. The Winter's Tale illustrates that all of Leontes' immoral decisions and irrational accusations originate from private judgement.
Shakespeare shows this by Leontes failing to see the whole and examine the past, to trust the wisdom of authority, and to see recurring patterns and to
trust the many pieces of evidence and testimonies of witnesses that converge to verify the truth. The first point is how Leontes fails to see the whole
and examine the past. Leontes believes that his wife, Hermione, and childhood friend, Polixenes, are having an affair. He believes this because
Polixenes agrees to stay in Sicily only when Hermione asks him to stay. Leontes ... Show more content on Helpwriting.net ...
Antigonus, one of Leontes' servants, states "Be certain what you do, sir, lest your justice Prove violence; in the which three great ones suffer,
Yourself, your queen, your son." (2.1.153) This quote is Antigonus telling Leontes that he is overreacting. Antigonus is so sure he is right that he
says "If it prove She's otherwise, I'll keep my stables where I lodge my wife; I'll go in couples with her; Than when I feel and see her no farther trust
her; For every inch of woman in the world, Ay, every dram of woman's flesh is false, If she be." (2.1.160) Paulina, another one of Leontes' servants,
becomes angry towards her king. She says "Nay, rather, good my lords, be second to me: Fear you his tyrannous passion more, alas, Thanthe queen's
life? a gracious innocent soul, More free than he is jealous." (2.3.31) Paulina is convinced that Hermione is innocent. She also tells Leontes "Not so: I
am as ignorant in that as you In so entitling me, and no less honest Than you are mad; which is enough, I'll
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Eyewitness Testimony Research Paper
Eyewitness testimony: The influence of the wording of a question ELIZABETH F. LOFTUS University of Washington, Seattle, Washington 98195 and
GUIDO ZANNI New School for Social Research, New York, New York 10011 This paper examines how complex automobile accident and our
perception, recollection and verbalization may not be identical of the original event and interfere with the reconstruction of one's memory which raises
question about the integrity of accounts by eyewitness in a courtroom. The paper layouts two experiments with one hundred graduate students
answering twenty–two questions and giving a brief description of a film that depicted a multiple automobile accident. When a person is allowed to
report about an accident freely, they tend
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Eyewitness Encounters Summary
Annotated Bibliography
Chapter 7: Eye Witnesses: Can we trust human memory to be accurate? Beck, E. (2009). Cool Eyewitness Encounters : How's Your Memory?. Edina,
Minn: Abdo Publishing. 2009, pp. 12–15. Retrieved from Ebscohost
Main Info: This is a nonfiction early education book that describes everything an eyewitness encounters after seeing a crime. Esther Beck describes in
the particular content section of the crime scene investigation book about eyewitness memory. First the author establishes who would be considered an
eyewitness, which is "a person who sees a crime happen" (12), Eyewitness testimony, although proven to be a lot more effective than circumstantial
evidence, has been proven to be inaccurate. SImply because a person witnessing the ... Show more content on Helpwriting.net ...
These feelings can make it difficult to remember accurately." (13)
"Of course, it is still possible that the witness has chosen the wrong person." (13)
Carpenter, A. C., & Krendl, A. C. (2018). Are eyewitness accounts biased? evaluating false memories for crimes involving in
–group or out–group
conflict. Social Neuroscience, vol. 13, no. 1, 2018, pp. 74–93. http://dx.doi.org/10.1080/17470919.2016.1253610
Main Info: This is a scholarly journal, given in abstract detail, that presents facts and details about why eyewitness testimony is not accurate.
Eyewitness errors could be influenced by several different factors like those who you associate yourself around. Basically describes how ingroup and
outgroup people can testify that a fellow "group member" is the suspect or that an outside source is the suspect, giving false evidence to the police to
protect a in group member. The study presented in this journal describes psychology approaches relative to heightenly the likelihood of false memories.
Data revealed these facts to be true.
Quotes: " Eyewitness testimony has been shown to be unreliable and susceptible to false
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Eyewitness Testimony Is Not Always Accurate And The Memory...
Eyewitness testimonies can be the reason why a person is convicted for an offence they may or may not have committed. Psychological research shows
that eyewitness testimony is not always accurate and the memory can be altered. Elizabeth Loftus is a psychological researcher that studies the mind
and false memories. Studies and experiments by Elizabeth Loftus, Florida Atlantic University psychologists and many other psychologists provide
evidence that supports the theory that memories can be altered and therefore eyewitness testimonies are not always accurate.
During an eyewitness Testimony, a person gives a statement on an event they have witnessed and have to identify the perpetrator or details from the
crime scene. (McLeod, 2009) When a ... Show more content on Helpwriting.net ...
Eyewitnesses are shown these identities and have to identify the person they believe is responsible for the crime (Weekly, Medicine & Law, 2017).
Implications in the criminal justice system from the study Loftus and Palmer research showed that asking leading questions allows the mind to want to
think what the question is asking (McLeod, Loftus and Palmer, 2010).
Elizabeth Loftus is a psychologist that studies the way memories can be altered or implanted into someone's mind (McLeod, Loftus and Palmer,
2010). One of the experiments she conducted was to implant a false memory of getting lost in a shopping mall as a child into the mind of a
teenager (False Memories, 1992). She did this by getting the parents to write down memories their child would remember and placing a fake one in
their of getting lost while shopping in a mall (False Memories, 1992). The teenager thought they remembered the time they got lost and were even
telling details about that time (False Memories, 1992). After realising that she was able to plant a memory into a person's head she realised the
memory is not always accurate (False Memories, 1992). Loftus described memory in three words, suggestive, subjective and malleable (False
Memories, 1992).
During a TED talk, Elizabeth Loftus discussed her studies and a case that she studied about a man wrongfully accused of raping a female (Loftus,
How Reliable is your memory, 2013). The male's photo was placed against other
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Eyewitness Testimony In Criminal Investigation
Eyewitness testimony has been questioned regarding its accuracy. Discuss the usefulness of an eyewitness in criminal investigations.
Eyewitness testimonies is evidence given by people who have witnessed an event, such as a robbery. Eyewitness testimonies are useful as they can
be used to help identify a criminal and lower the amount of suspects who are included. Police and similar services can use eyewitnesses to narrow
down their searches by asking a series of questions about what they have witnessed and also what they believe the suspect looked like, eyewitnesses
can also help give information about the actual crime itself and therefore give police more knowledge on the crime. The advantages of an eyewitness
are obvious, they can help give ... Show more content on Helpwriting.net ...
After watching the film they were asked questions about the film, 50 students were asked "how fast were the car going when they hit each other?"
another 50 were asked "how fast were the car going when they smashed each other?" and the other 50 were asked no questions. One week later,
without the participants viewing the film again they were asked 10 questions, one of the questions which were asked was a critical question and it
was randomly placed in the list, they were asked "Did you see any broken glass? Yes or no?" but there was no glass in the original film. The results
were as
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Hearsay Testimonies Case Summary
Testimonies from children who have experienced sexual assault can mean the difference between guilty and not guilty verdicts for the defendant. Often
times child victims are psychologically and even physically harmed jeopardizing their statements during the trial. There are a number of reasons for
children to be unable to give full accounts of what has occurred to them. For the purpose of protecting child victims and making sure they are heard the
courts have implemented innovations that make testifying less traumatic for children and allow for a more accurate description of the assault. Hearsay
testimonies are one of the innovations that have been shown to give child victims of sexual assault the chance to be fully heard. Victims directly... Show
more content on Helpwriting.net ...
The Effect of Hearsay Witness Age in a Child Sexual assault case" from the journal Psychology, Public Policy, and Law, authors Jonathan M.
Golding, Mary C Alexander, and Terri L. Stewart discuss how jurors view hearsay witnesses and if the age of the hearsay witness effects their
perception of the credibility of hearsay witness. A study was done with male and female participants, who read a fictional court case summary about a
sexual assault. The court case summary involved a 7, 16, or 25–year–old hearsay witness testifying on behalf of a 6 or 15–year–old victim. (Golding,
Alexander, Stewart, 1999) The case included the testimony of one primary witness, a hearsay witness, or a clinical psychologist. (Golding,
Alexander, Stewart, 1999) The authors begin by explaining the purpose of child hearsay testimonies and when hearsay witnesses are permitted, "a
child's words are hearsay if (a) the child's words were intended by the child to describe something that happened, (b) the child's words were spoken
prior to the court proceeding at which the words are repeated by someone who heard the child speak, and (c) the child's words are offered in court
to prove that what the child said actually happened." (Golding, Alexander, Stewart, 1999) hearsay isn't always permitted in order to keep the trail
from becoming unfair. The authors discuss different studies that have been done on hearsay testimonies and whether these studies have shown
hearsay to be reliable and warranted. One study that is described ended with jurors believing the hearsay witness just as much as the victim testifying
on her own behalf, the reasons for this, as the article explains, is "the mock jurors may have seen the hearsay witness as a 'surrogate who is simply
retelling the child's story'" (Golding, Alexander, Stewart, 1999) second jurors may feel the need to punish someone because sexual assault is seen as
such a horrible crime, third the hearsay
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Causes Of Eyewitness Testimony
Intellectuals and experts alike share a common belief that the most significant cause of unjust convictions is due to inaccurate eyewitness testimonies.
Scepticism of the validity of eye witness testimonies has increased dramatically; scientific credibility of forensic evidence has weakened its reliability.
Thus, resulting in this being the dominant root of false convictions (Coolican, 1996). In 2007, The Innocence Project stated that over 75% of unjust
convictions contained eye witness testimonies (Innocence Project, 2007). Further studies have also had comparable results, for example Brandon &
Davies (1973). Is it feasible that an individual's memory is so imprecise that it is unreliable in producing faultless memory recall? Furthermore, if
memory is so undependable why is it still frequently used in the criminal justice system today if the consequence is innocent people being incarcerated?
Historically, eyewitness testimony has been frequently practised, and has played a consequential role in the conviction of criminals. Monumental
amounts of unsolved crimes lacking sufficient evidence has meant that an eyewitness testimony could help secure a much–needed verdict in an
otherwise unsolvable crime. However, in this contemporary society, experts claim that many factors can be responsible for faulty eyewitness testimony.
For example, post incident events, most specifically suggestive police strategy (Brace and Byford, 2012). Milgram's (1963) study into obedience
highlighted
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A Massacre or a Riot? Essay
Was the Boston Massacre really a massacre? In history, there are many events where the exact occurrences are not clear. The Boston Massacre, which
took place on the evening of March 5, 1770, was absolutely no exception. Evidence is spotty, details can be lacking, and testimonies are often told
from a personal and bias perspective. Determining the bias of each testimony is key to learning the motivations behind each witness, which in turn is
key in deciphering the actual events of the Boston Massacre. One is right to wonder, through all of the conflicting testimonies, whether the Boston
Massacre really was a massacre. The Boston Massacre is viewed with overwhelming bias and many contradictions in accounts exist, yet overall the
"Boston ... Show more content on Helpwriting.net ...
The town's church bells then rang; a sound that usually signifies a fire. This brought many of the people living in the town out of their homes.
While many of those there were simply curious to observe what promised to be a good skirmish, there was a large contingent looking for a fight.
Captain Preston then led out seven soldiers to try to defend the lone man standing. While this drew a reaction from the crowd, reinforcements
were very much needed at this point. Various people from the crowd approach Preston amid the rioting, asking if the guns are loaded and if he has
any intention to order his men to fire. Preston replied that indeed his men's muskets are loaded but that he has no intention to order them to fire.
While it may be argued that Captain Preston bid his men prime and load with the intention to fire, it would seem that having soldiers load their
guns would be a reasonable precautionary step. As the crowd escalated, snow and ice were hurled at the soldiers, and even once a stick or club.
Theodore Bliss recalls seeing, "a Stick about 3 feet long strike a Soldier upon the right." The crowd, as Captain Preston remembers, was calling out,
"fire if you dare" and other such encouragements. What happened next was and still is a matter of considerable controversy. What is known, however,
is that the soldiers started to fire upon the crowd. Five men were killed, and six were wounded. While these deaths are pointed to in order to justify
calling the event
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The Matter And Procedure At 3 Pemberton Square
The Matter and Procedure
On Friday, September 23, 2016, I visited the Suffolk Superior Courthouse located at 3 Pemberton Square in Boston. The judge is Hon. Heide Brieger.
The case was about a woman, Meaghan Fitzpatrick, suing Wendy's, JBM Souderton (Wendy's meat supplier), and Willow Run Foods. She claimed that
there were bones in a burger she bought from Wendy's, which caused her having to go through multiple oral surgeries, pain, and years of psychological
discomfort.
The case continued from Thursday and started with the defendant's attorney, Christopher Duggan, questioning the witness for Wendy's, a middle–age
man who works at JBM as a manager. The witness testified about the meat–making process in JBM, and was then cross–examined by the plaintiff's
attorney, Matthew Fogelman. Mr. Fogelman then called the plaintiff, Meaghan Fitzpatrick, to the witness stand. She testified about what happened
after she bite the burger and what she had go through afterwards. The trial then proceeded to closing statements.
The Witnesses
The defendant's witness was a JBM manager with decades of experience in the industry. He testified that the process of meat making in JBM is
extremely rigorous with multiple level of inspection and above–standard equipment. He showed the jury the entire beef–making process by drawing on
a board. The lawyer has also submitted the 'final grind' as an exhibit to prove that any bone bigger than a certain size will not be able go through. All
was guided by
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Why Is Eyewitness Testimony Unreliable
Eyewitness testimony is unreliable In older times eye witnessing was the only way to prove that a criminal was guilty and put to jail. Now a day
catching criminals is more fast and reliable with the technology we have in our hands. Technology doesn't only help us capturing or prove the right
person at fault, it also helps us protect people. When it comes to eyewitnesses in court only reliable persons are brought on by the lawyers, same with
victims. The journal Does Eyewitness Memory Research Have Probative Value for the Courts? explains that eyewitnesses have been givingtestimony
in English–speaking courts since the late 16th century. Expert testimony on eyewitness memory, however, is relatively recent and still an infrequent
event. One of the main reasons why courts ... Show more content on Helpwriting.net ...
One example mentioned was that on movies or tv shows people are more focused on the big picture and forget the little details that are in front of
them. Another example that was given was when watching a movie for the first time our brains only recollects the important information, but if one
watches with detail they can see that in the same scene objects and people stay the same or change. This is called change blindness, not many
people can see or find the change difference until someone lets them know what changed. There are lots of reports that lack recognition of strangers
changing identity, but people can't seem to notice the blind change. People were showed a video of a robbery and in the middle of the clip the robber
was changed into a whole different person and only certain people noticed the change, while the rest said nothing and pointed to picture of the first
robber when they were told to identify the individual. Which led to the eyewitnesses being unreliable when it came to the robber, making errors
identifying them (Davies, Hine,
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Child Witnesses
Courts within United Kingdom, along with several other countries have made several propositions for addressing the vulnerability of child witnesses
within the courtroom, although these provisions generally do not directly address the linguistic difficulties. Thus, in some jurisdictions, child witnesses
are allowed to give evidence on closed–circuit television, in order to alleviate them from trauma of being face to face in court with a suspect against
whom they are testifying against. However, children are often required to be present in court for cross–examination, sometimes provided with support
by a screen between the child and the accused (Birnbaum, and Bala, 2010).
Other provisions which attempt to address the disadvantage faced by children ... Show more content on Helpwriting.net ...
Eades, (2008) asked preschool–aged children questions that were answerable and the questions that were nonsensical to see whether they would
respond in predictable ways. Overall children rarely answered "I don't know" to the nonsensical questions, and the youngest children exhibited a
tendency to acquiesce to the experimenter. These findings suggest that when children's language skills limit their understanding of questions posed to
them, they are still likely to attempt and answer, and thus their response are likely less accurate. The developmental inappropriate language used in
court makes it difficult for any child to provide reliable testimony, no matter what their relative competence at understanding and answering questions
may
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Accuracy of an Eyewitness Testimony Essay
The Accuracy of an Eyewitness Testimony
Student: Amy Mason
Number: 2842657
Tutor: Serena Nicholls
Tutorial Time: Thursday 10am– 10:50am
Due date: Friday 21st September 21, 2012
Word count: 1858
Psychological research shows that eyewitness testimony is not always accurate, therefore it should not be used in the criminal justice system. Discuss.
The reliability if an eyewitness testimony is questionable. The witness may be so certain that the person that thy are pointing out is one hundred per
cent the suspect or they could be so certain when it comes to retelling the incident, although these people are so sure on what it is they are doing, their
testimony cannot always accurate. Due to the lack of accuracy with eyewitness ... Show more content on Helpwriting.net ...
* Hindsight Bias: Hindsight bias can affect the eyewitness in that, once the witness learns how the event turned out, it can affect how they remember the
crime. * Overconfidence of the eyewitness testimony: although the witness may seem and feel confident, this does not mean that their testimony or
identification is correct or true.
All of the above factors and causes for wrongful causes of eyewitness testimonies as well as factors such as: the lighting of the area where the incident
happened, how long the victim was with the victimiser, how stressful the situation was and the amount of time between the crime and alerting
authorities can have a huge impact on ones eyewitness testimony. Although the witness may seem adamant and confident in their testimony, the above
factors should be assessed and taken into consideration when reflecting on the accuracy and reliability of the witness's testimony.
An alternative source of reliable evidence is DNA evidence. Although DNA evidence did not exist when Ronald Cotton was first accused, it was what
made him a free man in the end, proving his innocence. It is believed that thousands of men and women are wrongfully convicted for crimes they did
not commit (Wise, Fisherman & Safer, 2009) and as experts estimate; half of all wrong convictions are due to misidentification in an eyewitness
testimony (Wise, Fisherman
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False Eyewitness Testimony Research Paper
Alaa Mohamed
(False Eyewitness)
Is the eyewitness testimony is correct and true all the time or not?
The Eyewitness testimony has been used for a long time as evidence in a crime scene. Many psychologists tried to answer the question if the
eyewitness testimony is correct and true all the time or not. This research study done by STARR (2012) addresses that eyewitness memory can be
changed depends on the satiation and what kind of question that we ask the eyewitness during the police investigations or in the court room. While
STARR's article raises timely and important issue, he included a good scientific research explaining how false eyewitness could be.
Several studies have examined the eyewitness testimony and how that could not be accurate
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Eyewitness Testimony And Its Effect On The Credibility Of...
Eyewitness testimony is a hot button issue in not only the criminal justice field but also the psychology field as well. It continues to be argued that this
type of "evidence" is far too unreliable for the court room and can ultimately end up punishing the wrong person for a crime they did not commit. The
influence of an eyewitness testimony cannot be denied as research has showed that, "adding a single prosecution eyewitness to a murder trial
summary increased the percentage of mock jurors' guilty verdicts from 18 to 72" (Leippe, Manion, & Romanczyk, p. 182, 1992). In the article
discussed here, researchers will look into various age groups to see if age has an effect on the credibility of eyewitness testimonies while attempting to
discern what certain cues build upon such credibility.
Despite such criticism the effect of an eyewitness testimony is still obviously powerful which makes this issue that much more controversial. That
vast increase previously mentioned was based off of a simple statement rather than an actual witness being present, which shows that a testimony does
not need to be confirmed visually or audibly to be trusted. Although, the witness involved in said mock trial was an adult, as adult memory is trusted
to be more accurate than that of a child's. Children have been said to be too suggestible and their memories too inferior to be fully trusted (Leippe et
al., p. 182, 1992). To test this out researchers in the article, "Eyewitness Persuasion: How and
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Racism And Discrimination In To Kill A Mockingbird By...
The novel, To Kill a Mockingbird, addresses the issues of racism and discrimination in the south during the 1930s through a trial concerning rape. Tom
Robinson, though convicted of this crime, was innocent. The evidence within the case shows that Tom Robinson is innocent because of Mayella
Ewell, the young lady that claims she was raped, has most of her bruises on her right side, however, Tom Robinson's left arm is completely useless. To
add, Tom sounds more trustworthy than the other two witnesses, Mayella and Bob Ewell. The first witness, Heck Tate, says during histestimony, "'It
was her right eye, Mr. Finch. I remember now, she was bunged up on that side of theface...'" (Lee 225), with this information, it makes it less likely
that Tom Robinson had assaulted Mayella because "his left arm was fully twelve inches shorter than his right" (Lee 248). However, it is more
probable that Bob Ewell abused Mayella because, during Bob Ewell's cross–examination, Atticus asks him to write his name, and Judge Taylor realizes
Bob Ewell is left–handed when announcing, "'You're left–handed, Mr. Ewell'" (Lee 237). During Heck Tate's testimony, he says that Mayella's right
side of the face was beaten up, however, Tom Robinson's left arm is shorter than his right, so it is implausible he would have pummelled Mayella's
face, but it's more likely for Bob Ewell to do so because he is left–handed, and, in general, is a horrible person. This proves Tom could not have
walloped Mayella's right
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Difference Between Eyewitness Testimony
Whether an individual is a witness for or against your case, there are signs that a person may not be reliable. The following are a few things to look for.
A witness's statement does not agree with the evidence
This is not always obvious because a witness's statement can seem accurate except for a single variance with the physical evidence. This can be
important because of the case were to go to trial, a simple discrepancy in the testimony could be exploited by the opposing attorney. Although it is
normal for eyewitness testimony not to be perfect, if there is a difference between the witness's account and a particular piece of evidence, there is a
chance that some or all of the testimony has been derived from the statement of one of the parties in the lawsuit or criminal case.
There is a bias with the witness
If the witness is a friend or relative of one of the parities involved, there is an obvious bias that the witness may have. This doesn't mean that the
witness's statement is necessarily inaccurate, but anytime there is a relationship between a witness and the party being sued or is suing, then the
statement may be questionable. As a private investigator, we can run a background check on someone to determine if there is a family relationship or
perhaps a ... Show more content on Helpwriting.net ...
Whether a witness's testimony will still be valuable in court is up to an attorney, but in general, the greater the change, the more unreliable the witness
is. The key element is whether the witness was on record with their first story. If their first statement was not recorded and is one that was verbal, the
second statement that was a recorded witness statement may carry more weight. This is why it is important to have a witness statement documented,
and have it done as early as possible while the event is still fresh in a person's mind. A private investigator has skills and legal knowledge to record an
in person witness statement
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Essay On Eyewitness Testimony
Eye witness testimony is an unreliable way of testifying because age differences can be easily influenced and gender roles has an impact in the
accuracy for memory recalling.
A study conducted of one hundred and ninety–six individuals living in Madrid at the time of the terrorist attack demonstrated that age differences
affects the accuracy of eye witness testimonies (Vallet, Manzanero, ArГ
іtegui, Garcia, 2017). Adolescents and children are both influenced differently
by emotions and the quality of their memory. With that being said, adults performed better on recalling much accurate details such as sound, odor,
central information, visuals, and feelings (Vallet, et al., 2017). The younger group of individuals, children, had doubts on recalling their memories of
the event. This is due to the fact that depending on the age and level of development that an individual is in, the strength in their memory can be easily
influenced (Vallet, et al., 2017).
Another study reveal that females performed better than males for the accuracy of memory recalling for description of a ... Show more content on
Helpwriting.net ...
Adults can recall memory better than a child would because of the level of development they are in (Vallet, et al., 2017). A child can also be easily
manipulated by leading questions that they were subjected to and say what they think the individuals want them to say. In addition, children also create
false memories at times (ABC News, 2005). Men have greater confidence recalling their memory which makes them seem reliable, but it is not a
reason why eye witness testimony is reliable. There is an exception where an eye witness testimony done by a female can be reliable, it is for
description of the place and appearance of a person. However, with all things, eye witness testimony done by a female should still be taken with a bit of
... Get more on HelpWriting.net ...
Judicial Affidavit Rule
[A.M. No. 12–8–8–SC, 4 September 2012]
JUDICIAL AFFIDAVIT RULE
Whereas, case congestion and delays plague most courts in cities, given the huge volume of cases filed each year and the slow and cumbersome
adversarial system that the judiciary has in place;
Whereas, about 40% of criminal cases are dismissed annually owing to the fact that complainants simply give up coming to court after repeated
postponements;
Whereas, few foreign businessmen make long–term investments in the Philippines because its courts are unable to provide ample and speedy
protection to their investments, keeping its people poor;
Whereas, in order to reduce the time needed for completing the testimonies of witnesses in cases under litigation, on February ... Show more content on
Helpwriting.net ...
Sec. 3. Contents of Judicial Affidavit. – A judicial affidavit shall be prepared in the language known to the witness and, if not in English or Filipino,
accompanied by a translation in English or Filipino, and shall contain the following:
(a) The name, age, residence or business address, and occupation of the witness;
(b) The name and address of the lawyer who conducts or supervises the examination of the witness and the place where the examination is being held;
(c) A statement that the witness is answering the questions asked of him, fully conscious that he does so underoath, and that he may face criminal
liability for false testimony or perjury;
(d) Questions asked of the witness and his corresponding answers, consecutively numbered, that:
(1) Show the circumstances under which the witness acquired the facts upon which he testifies;
(2) Elicit from him those facts which are relevant to the issues that the case presents; and
(3) Identify the attached documentary and object evidence and establish their authenticity in accordance with the Rules of Court;
(e) The signature of the witness over his printed name; and
(f) A jurat with the signature of the notary public who administers the oath or an officer who is authorized by law to administer the same.
Sec. 4. Sworn attestation of the lawyer. – (a) The judicial affidavit shall contain a sworn attestation at the end, executed by the lawyer who conducted or
supervised the
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Essay on Childrens Testimony
Over the last thirty years, the idea of children as witnesses and the accuracy of their testimony has been widely debated. People are asking themselves
if the memories of young children, specifically between the ages of five and ten, can be accurate and in return trusted. So, can children's memory and
testimony be accurate? Prolific amounts of research have been conducted in an attempt to answer this question. Most of the research suggests that
unfortunately we can not rely on their accurate recall in testimony. I would have to say I agree with the findings.
The current anxiety about the validity of children's testimony in court stems mostly from heavily publicized cases of child molestation during the 1980's
... Show more content on Helpwriting.net ...
Second, we must look at the affects of being a witness not only on the legal system but also on the child as an individual. Children could be further
traumatized emotionally and physically by involvement as a witness. Finally, we need to closely look at how the legal system is set up and how well
children fit into this system. Are witness procedures set up in a way that children can understand and accurately give their testimony? These are the
things that need to be looked at closely to determine if children can be reliable and credible witnesses in court.
Because of the greater involvement of child witnesses in legal settings, it is important to know whether their recollections of an event can be trusted
(Koriat et. al, 2001). This is a question that obviously can not be answered with a simple yes or no answer. However we can look at the way in which
children develop cognitively to help us better understand the way in which children think and understand the world around them. We know that
children are lacking in experience as compared to adults. A four year old just has much less life experience than a 16 year old. Younger children are
not able to detect subtle differences like, implications and sarcasm in conversation. In addition, children being less cognitively developed have
immature and less concrete schemas. These schemas may change constantly through your life, but
... Get more on HelpWriting.net ...
Eyewitness Testimony Should Be Used In Court
Introduction
As time goes on, eyewitness testimony has become more and more of a disputed topic due to many different factors. The first study I was exposed to
was in an introductory psychology class which sparked my interest into the topic. For this reason, I chose to look at different demographics such as,
gender and major, and see if those factors had any impact on the perception of eyewitness testimony. My main issues remained the same throughout
this research project. Research studies in relation to eyewitness testimony have been going on for hundreds of years. A study done in 1999 by Marcus
D. Durham and Francis C. Dane at Mercer University, looked at ways to assess prospective jurors' knowledge of the factors that may influence
eyewitness behavior. Those factors include topics such as race, memory processes, age, and stress. In addition, the researchers "compared students'...
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The independent variable, gender, is shown in the columns and the dependent variable, eyewitness testimony should be used in court, is displayed in
the rows. No respondents reported to "Strongly Disagree" with the statement, which is why it is not included in the date table. 75% of males (3)
reported that they strongly agree that eyewitness testimony should be used in court, while 25% (1) reported that they somewhat disagree. This shows
that the majority of male respondents agreed with the statement. On the other hand, 50% of women (3) reported to somewhat agree that eyewitness
testimony should be used in court, while the other 50% of women (3) reported that they somewhat disagree. This displays an even divide between the
attitudes towards using eyewitness testimony in court. In looking at the totality of the responses, six respondents agreed with the statement to some
extent and four respondents disagreed with the statement to some
... Get more on HelpWriting.net ...
Holy Office Inquisition Guatemala Summary
A first hand documentation of a case carried out by the Holy Office of the Inquisition of New Spain against a woman accused of sorcery and witch
craft in colonial Guatemala took place in 1696. The primary source case includes three witnesses testimonies with detailed insight and background
regarding the beliefs about witch craft, sorcery, and religious deviance in Guatemala, Mexico during the 1690's. The case describes an incident in
which a woman named Michaela de Molina is accused by the church official of the Holy Office Inquisition in New Spain of using sorcery against an
Indian woman, Maria de la Candelaria, to make her extremely ill. The source describes the witnesses testimonies to the Inquisition in Guatemala. The
witnesses claimed that the Indian woman, Maria de la Candelaria, bleed from her mouth and nostrils and expelled lumps of rags, rocks, coal, hay, and
hair. The write up of the case represents the witnesses belief that a spell placed on Maria by a supposed... Show more content on Helpwriting.net ...
This is a similar tone to that of other articles written regarding the topic. The articles by Joan Bristol and Ruth Behar discuss witchcraft in a negative
light with the same tone as the primary case. They both also discuss the seriousness in which the Inquisition views acts of sorcery and religious
deviance. For example, a healer received "200 lashes" for using a "potion" in the article and another woman underwent domestic abuse that went
ignored due to her supposedly cursing her husband. The strength of the Inquisition and its ability to persuade others to accept their beliefs is
represented in the above secondary articles, but also in primary diary entries by Brazilian slaves that describe the Catholic church as controlling
marriage between slaves. The Inquisition held a role of control, and they utilized it in many aspects which is represented
... Get more on HelpWriting.net ...
Eyewitness Testimony Research Paper
Eyewitness Testimony The use of the eyewitness testimony has always been viewed as one of the most reliable forms of evidence when it comes to
the court system. Recently many cases have been brought up where the use of the eyewitness testimony has failed and put an innocent citizen into jail
leaving the criminal on the loose and a threat to the population. This has caused eyewitness testimony to go from a reliable source to a controversial
subject for many. The eyewitness testimony should not be used because memory is corrupted after a certain length of time, interviews push
eyewitnesses to identify a subject, and lineups further confuse the witness. The article "Juror Knowledge of Eyewitness Behavior: Evidence for the
Necessity of Expert
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Wayne Williams Testimony
The expert testimony in the Wayne Williams case was vital in explaining the evidence to the jury (Imwinkelried, 1983). It is reasonable to concede
that jurors have no prior knowledge of forensic science. Additionally, jurors will most likely have no prior knowledge of the different variations, color
spectrums, moreover the uniqueness of various items presented as evidence in this case. As a prosecutor, it would important to include the testimony of
fiber experts with extensive knowledge of the article presented. This expert would be able to articulate to the jury the unique qualities as well as
characteristics of the fibers.
The prosecution in the Wayne Williams trial provided expert testimony that addressed the rare greenish carpet fibers
... Get more on HelpWriting.net ...
Eyewitness Testimony And The American Psychological...
For centuries, even before the rise of modern law and judicial practices, eyewitness testimony has been a crucial part in reaching verdicts in court. The
opinions and observations of bystanders or active participants in a crime scene are often considered to be very valuable in determining the guilt or
innocence of accused individuals. However, there has been a large amount of scrutiny in the law world concerning both misappropriated and untrue
testimonies administered in courts of law. Although thetestimony of individuals can simply be misinterpreted or forgotten due to a variety of reasons,
eyewitnesses also provide information that can purposefully incriminate or exonerate a defendant. Ultimately, despite its benefit in putting deserving
persons behind bars, the use of eyewitness testimony can absolutely be a dangerous monster for the innocently accused in different scenarios. Despite
thorough research supporting the dangers of eyewitness testimony, and the constant press by the American Psychological Association (APA) and
different law, psychology, and forensics experts, there are no national guidelines conducting how law enforcement agencies gather eyewitness
identifications. In an APA brief, suggested by researchers and the Innocence Project, sent to the Pennsylvania Supreme Court, it discussed how juries
often don't understand the factors that can influence a witness' ability to accurately identify a suspect. Such factors include how much stress a witness is
under,
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Examining The Factors That Influence Eyewitness Testimony
Eyewitness testimony is the account of the witness of a certain event or incident. Throughout, the witness is enforced to provide their experience to the
court in order to take legal action towards the incident. It is considered a very useful tool in courts. Yet, such a way to find out the truth is unreliable as
many witnesses fail to contribute in a positive way to grant courts accurate data of the incident. This essay will be discussing the factors that influence
eyewitness testimony including age, weapon focus, stress, or the leading questions asked in court.
"When a witness perceives a complex event, a number of factors, such as the exposure time, or the salience of the event, or the witness's prior
expectations, will affect the accuracy of what is perceived and stored in memory" (Loftus, 1996). To Begin with, Loftus has explained how the
duration between when the witness has to talk to the officials and the event can be such a crucial period. Humans usually forget rapidly after an
event and time will make one forget more gradually. Moreover, one's memory isn't functioned in a way in which a video of events will stay in mind.
A proof was made through Loftus' experiment in 1975 where he showed the witnesses a film of a multiple–car accident then added in the questionnaire
having a stop sign where they all agreed that there was one. Yet, statistics have shown that not mentioning the object would cause only 35% to claim
there was one considering the accident lasted 4
... Get more on HelpWriting.net ...
Federal Rule 702: Testimony
Of the testimony's given in the movie My Cousin Vinny, there were two expert witnesses that took the stand, Ms. Mona Lisa Vito and Agent George
Wilbur. They both testified on the tire tracks that were left at the scene of the crime and whether they were made by the defendants' 1964 Buick Skylark.
Federal Rule 702: Testimony by Experts states, "If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the
evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in
the form of an opinion or otherwise." Gardner, T.J., Anderson, T.M. (2010). Ms. Vito had specialized knowledge and understanding of automobiles
which came from her years of working in a garage that specialized in automotive repair. Based on Federal Rule 702, testimony by experts is based
on knowledge the witness provides to the trier for understanding of the evidence provided. Ms. Vito did so by her statements clearly noting the 1964
Buick Skylark could not have made the tire tracks that were left at the scene because of the positraction, a limited slip differential which distributes
power equally to both the right and left tires, that the 1964 Buick Skylark did not come equipped with as the 1963 Pontiac Tempest did. According to...
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Agent Wilbur's testimony on the rubber analysis taken from the scene and the tire rubber taken from the rear tire of the defendants' car being an exact
match from the chromatograph machine is specialized knowledge that aid in the trier of facts understanding. Due to Agent Wilbur's years of experience
as an automotive instructor
... Get more on HelpWriting.net ...
Effects Of Eyewitness Testimony On The Us Criminal Justice...
Midterm Paper: The Effects of Eyewitness Testimony in the US Criminal Justice System On December 14th, 1982, Marvin Anderson was sentenced
to 210 years in prison for crimes that he did not commit [1]. He was charged with rape, forcible sodomy, abduction, and robbery; these convictions
were largely due to the eyewitness testimony made against him at trial [2]. During the investigation, a collection of photos was presented to the victim,
where Anderson's photo was the only one in color. Then, in a line up 30 minutes later, Anderson was the only one brought in whose image was shown
to the witness in the original array. Unfortunately, the witness then identified Anderson as the perpetrator, which acted as very convincing evidence in
the ... Show more content on Helpwriting.net ...
Despite knowing the unreliability of eyewitness testimonies, investigators still narrow in on suspects identified by these witnesses. To explain the
effects of eyewitness testimony one can examine a few conditional probabilities:
Prob(Police investigate all leads/Eyewitness testimony) < Prob(Police investigate all leads/No eyewitness testimony)
Prob(Correct person convicted/Police investigate all leads) > Prob(Correct person convicted/Police do not investigate all leads)
Thus depending on specific numerical probabilities, it follows that:
Prob(Correct person convicted/Eyewitness testimony) < Prob(Correct person convicted/No eyewitness testimony)
Of course, eyewitness testimonies are not always unreliable and often can be crucial in correctly identifying the perpetrator of the crime, thus these
premises and conclusion are not to be taken at face value, but as a way to conceptualize bad bias from eyewitness testimony. Mistaken eyewitness
testimony causes a large amount of bad bias by shifting focus onto one specific defendant. With all the focus on one defendant, many cognitive biases
come into play, such as confirmation bias and belief perseverance. If a witness passionately claims that someone committed the crime, investigators are
likely to mold evidence to fit the case against that defendant, instead of identifying an alternative suspect who
... Get more on HelpWriting.net ...
Federal Rule 702: Testimony
Of the testimony's given in the movie My Cousin Vinny, there were two expert witnesses that took the stand, Ms. Mona Lisa Vito and Agent George
Wilbur. They both testified on the tire tracks that were left at the scene of the crime and whether they were made by the defendants' 1964 Buick Skylark.
Federal Rule 702: Testimony by Experts states, "If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the
evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in
the form of an opinion or otherwise." Gardner, T.J., Anderson, T.M. (2010). Ms. Vito had specialized knowledge and understanding of automobiles
which came from her years of working in a garage that specialized in automotive repair. Based on Federal Rule 702, testimony by experts is based
on knowledge the witness provides to the trier for understanding of the evidence provided. Ms. Vito did so by her statements clearly noting the 1964
Buick Skylark could not have made the tire tracks that were left at the scene because of the positraction, a limited slip differential which distributes
power equally to both the right and left tires, that the 1964 Buick Skylark did not come equipped with as the 1963 Pontiac Tempest did. According to...
Show more content on Helpwriting.net ...
Agent Wilbur's testimony on the rubber analysis taken from the scene and the tire rubber taken from the rear tire of the defendants' car being an exact
match from the chromatograph machine is specialized knowledge that aid in the trier of facts understanding. Due to Agent Wilbur's years of experience
as an automotive instructor
... Get more on HelpWriting.net ...
Perjured Testimony: Case Study
I am writing to request that you investigate the agency's presentation of perjured testimony and its failure to refer the perjury for prosecution. In the
matter of International Brotherhood of Teamsters, Local 251 and Michael S. Bearse, 01–CB–172600, the Administrative Law Judge determined that
the agency's principal witness perjured herself repeatedly. Exhibit A, slip op at 4, n.4. By letter dated August 22, 2017, I asked the Regional Director
what action he intended to take in connection with the finding that his Afion and principal witness committed perjury. Exhibit B. Because I did not
receive a response, on September 7, 2017, I called and wrote the Regional Director to ask whether he intended to take any action, I have yet to receive
... Get more on HelpWriting.net ...
Children 's Testimony Of Judicial Proceedings Throughout...
Abstract
This research paper investigates children's testimony in judicial proceedings throughout the past few decades. An increase in child abuse allegations in
the 1980s resulted in mass allegations throughout the United States. As a result, a child is interviewed by law enforcement and social workers
regarding what happened during specific incidents. Tactics to acquire the testimony of the children has been up for debate by the judicial system and
psychologists. These tactics include suggestibility, repeated questions, or stereotyping that may alter the testimony of children to accommodate
interviewers biases, knowingly and unknowingly, resulting in false arrests and imprisonments. Psychological research has initiated a growing concern
... Show more content on Helpwriting.net ...
Children's testimonies have serious implications for the accused and the question of whether or not children are reliable sources of information have
been brought to the attention of judges and cognitive psychologists. The history of court proceedings allowing child witnesses to testify has seen an
increase in false accusations against teachers, friends, and family members, bringing to question as to why or how a child may come up with false
memories. Psychological research into the subject has shed some light on some possibilities as to how some children may be susceptible to
manipulations. Research into children's memories has serious implications to society an individual's involved in a specific case. Three outcomes are
possible (a) the researchers may discredit the children's testimony in real abuse cases and strengthens the defenses case against a real perpetrator; (b)
the child who has witnessed or experienced a crime testifies accurately and truthfully, resulting in a perpetrator going to prison and not committing
another crime; or (c) the child has given false accusations as a result of faulty interview tactics by law enforcement or social service workers that result
in false charges and imprisonment. Cognitive psychologists take these instances into consideration when creating studies regarding children's memories
and relating them to the judicial system (Ceci & Bruyn, 1993). One may be wondering why interview tactics that allow room for
... Get more on HelpWriting.net ...
Essay about Eye Witness Testimony
Eye Witness Testimony
The language used by the police when interviewing witnesses and barristers during a trial may influence answers given by witnesses, this language
may affect initial perception and subsequent recall. Both of these effects are shown in the study by Loftus & Palmer {1974).
My experiment into this field showed the leading question with the `verb` contained the information about what the answer should be, thus language
can have a distorting effect on EWT, which can lead to inaccurate accounts of the witnessed account. This was most certainly true in the study carried
out, most participants gave a higher estimation of speed when the word in the critical question was changed ... Show more content on Helpwriting.net ...
Current serving police officers of today state they use The Cognitive Interview Technique when interviewing witnesses. With this approach thewitness
is asked to recall details of the incident in various different orders and to recall everything they remember whether they feel it is relevant or not, recall
the event from a different perspective, such as that of another witness. Before the nineties, questioning was done very much on `critical questioning
sometimes oppressive questioning which could produce unsafe information thus sometimes leading to false arrest and imprisonment, it was realised
from previous studies into this field things had to change. Today the police have different policies, interviews are based on single questions and open
replies and the technique changed on the advent of tape recorded interviews and change of style. Serving Police Officers have voiced only one
disadvantage of this type of interview in that it can be time consuming.
When starting an interview police go back to the time where the witness is relaxed and comfortable before the event and a picture is built up from
there, police are encouraged to avoid making judgmental and personal comments, to encourage witnesses to speak slowly, minimise distractions, tailor
the complexity of language to suit individual witnesses to allow a pause between the
... Get more on HelpWriting.net ...
Medical Statement
DISCUSSION
The Department's Representative LB testified that the Appellant filed an application for MA and HCBS in February 2017. The Application was
initially submitted electronically and then a paper application was received. The MA/HCBS combination application was initially denied for failure to
provide verification of an emergency medical condition. The Department realized that the Appellant had case activity on two different record numbers
therefore, requested new medical information and the application was reviewed again. The IMCW testified that on April 25, 2017, the medical
information was received and sent to the Office of Long Term Living (OLTL) for a determination; the following day, they requested additional medical
... Show more content on Helpwriting.net ...
The Appellant's Representative argued that his father needs open heart surgery and will need aides to come out while he is recuperating. Due to his
age of eighty–seven (87), he is prone to falling and need someone to look after him. The Appellant's Representative testified that he comes home at
lunch time and on breaks to care for his father since there is no one there to do it, but cannot stop work completely to take care of him. The Appellant's
Representative believes that his father should be eligible for MA and HCBS and does not agree with the Department's decision. The Appellant's
Representative concluded that more medical information was issued to the Department in July 2017, that the Department failed to address or issue an
updated Notice.
APPLICABLE LAWS, REGULATIONS, AND DEPARTMENTAL POLICY
55 Pa Code В§ 275.4, in applicable part (g) Hearing proceedings. (2) Agency staff responsibility at the hearings. The County Assistance Office and
other agencies as appropriate will prepare for the hearing so that evidence considered in making the decision or taking the action which is at issue and
evidence that supports that decision or action will be introduced at the hearing in an orderly and concise manner. Relevant information which is
presented at a hearing will include the following: (i) Names, relationships and ages of
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The Reliability of Eyewitness Testimony Essay
The Reliability of Eyewitness Testimony
Part 1 – How reliable is Eyewitness testimony?
The Reconstructive nature of memory – Schemas and Stereotypes
The reconstructive nature of memory is related to the schema theory. A schema is a package of memory that is organized and developed throughout
our lives. Schemas are stored in long term memory. Most people have similar schemas and this was recognized by Bower, Black and Turner (1979)
when they asked several people to recall the schema for the most important things they do when they go out to a restaurant for a meal. They found out
that most people put the same main aspects in their schemas.
Bartlett's theory of Reconstructive Memory is ... Show more content on Helpwriting.net ...
Some parts of information were forgotten and others were exaggerated.
Bartlett's study showed how our cultural expectations or stereotypes lead to predictable changes in memory. Stereotypes are schemas that summarize
large amounts of information. Like schemas, stereotypes influence memory. He argued that schemas affect the retrieval process rather than the initial
storage, but a study by Cohen (1981) suggested that schemas and stereotypes are important at both stages of memory: initial storage and retrieval.
The effects of leading questions
An eyewitness's testimony about an event can be affected by the questions that are asked. For example, if the experimenter asks, "did you see the
broken headlight?" rather than "did you see a broken headlight?" the use of the word "the" suggests there was a broken headlight and therefore the
participant goes on to build up a memory for that headlight (Loftus and Zanni 1975). The language used in questioning eyewitnesses may alter what
they remember.
Loftus and Palmer (1975) showed their participants a series of projector slides of a multiple car accident. The participants then answered specific
questions. It was found out that the information implicit in the question affected memory, even though the questions apparently only differed
... Get more on HelpWriting.net ...

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Testimony Of Witness Essay

  • 1. Testimony Of Witness Essay II.Testimony of Witness The witness claims to be approximately 40 years old and testified that he understands Dari and Pashto, but can read very little. He has lived in the house that he currently lives in most of his life and there are currently thirty–four people living on the family compound, which has four houses on it. Their father who died approximately ten years ago at the age of 65 owned the family compound. Their father suffered from Diabetes, high blood pressure and "heart problems". Their mother died approximately 25 years ago of "shortness of breath." According to the witness, none of the other family members have any illnesses. All of the families live together at the compound in Gardiz in the Province of Paktia. However, Aminullah, and his wife and children, moved to Kabul approximately one year before the accident. After the accident, Aminullah's widow and children moved back to the family compound. The witness attended school for four or five years and currently buys and sells Corolla automobiles. He started selling cars with Obeidullah approximately twenty years ago. The brothers did not share a partnership and they did not share the profits. The witness testified that his business generates a profit of 1,000 ... Show more content on Helpwriting.net ... The family members that would have benefited from his contributing include Obeidullah' s wife, daughter and son. He does now know if Obeidullah was providing financial assistance to his brother Hamidullah or his brother Besmillau. Obeidullah was not providing support to the witness, but he was helping to cover their brother, Mustafa's school expenses, which was 7,000 – 8,000 AFN. According to the witness, even though their sister Khasa is married, at times, Obeidullah would give her money, but the witness does not know how much. The witness does not if Obeidullah was providing their sister's Zarin and Nasren, who are both married, with ... Get more on HelpWriting.net ...
  • 2. Eyewitness Testimony In The Criminal Justice System Word count: 807 Eyewitness testimony is an account given by a person who was present at an event for example a robbery and they give a recollection of the event in front of the court of law. The testimony can include a description of the perpetrators, details of the crime scene and other factors which could help determine the defendant's guilt or innocence. An eyewitness testimony is relevant in the criminal justice system because it's one of the main forms of evidence used in court. Eyewitness testimony can be unreliable; an example of this could be discussion by witnesses which will be discussed later on the essay. There are measures that the Criminal Justice system (CJS) can put in place to increase the reliability of the testimony in turn... Show more content on Helpwriting.net ... The work of loftus and palmer showed how easy it is to alter someone's answer by simply changing the question given to them. The CJS are taking steps to take more notice of the problems identified in this essay. Eyewitness testimony is a crucial part of prosecution even in the modern day and can be the tipping point whether the guilty defendant gets sentenced or ... Get more on HelpWriting.net ...
  • 3. Eyewitness Testimony There has been considerable interest and study in the accuracy or inaccuracy of the use of eyewitness testimonies in the current criminal justice system. Results collated by several studies add to the bulk of literature suggesting that the current usage of eyewitness testimony by the legal system is far from ideal. Currently, high emphasis is being placed on reviewing and reconsidering eyewitness accounts (Leinfelt, 2004). In particular, recent DNA exoneration cases have shown that mistaken eyewitness identification was one of the largest factors contributing to the sentence of innocent people (Wells & Olson, 2003). For example, 75% of the first 271 cases of DNA exoneration in the US resulted in eyewitnesstestimony error (Brewer & Wells cited ... Show more content on Helpwriting.net ... Given these findings, it suggests that if an unfamiliar story can be re–told with significant changes by all those who participated in the study, a statement given by an eyewitness is subject to the same results (Leinfelt, 2004). Having considered Bartlett's research in 1932, it is also reasonable to consider the criticism of Gauld and Stephenson (1967), as they discovered if the participants were told of the importance of accurate recall, the number of errors made in the re–telling was notably reduced. Arguably, real life cases and laboratory findings have shown that although eyewitnesses understand the importance of accuracy, recall is not without error (Tversky & Tuchin, 1989). Subsequently, a study led by Brewer and Treyens (1981) involved further research into the tie between schemas and visual memory. The experiment supported the theory of schema expectancy – participants, who were placed in a workplace setting, were able to easily recall office supplies as opposed to the more unusual items also left in their vicinity (Brewer & Treyens, 1981). Once again, this leads to the inference that the witness can unconsciously alter recollection of events in eyewitness testimony, and that there is no guarantee of accuracy in their statement (Leinfelt, ... Get more on HelpWriting.net ...
  • 4. Mr. George Hearing I attended a hearing on your behalf in the above matter before Judge Burke in Hudson, New York, on 05/17/2017. The claimant was present and represented by attorney Ed DeLauter. Your insured, Robert George, was present to give testimony. As you know, this is a controverted claim which we are defending on the grounds the claimant is not an employee but rather an independent contractor. At the last hearing we took the testimony of the claimant. The claimant does not speak English and required a Spanish interpreter. The testimony was quite lengthy and we used up the entire time allowance. The Judge terminated the testimony before we were able to completed the claimant's testimony or the testimony of Mr. George. The minutes of that testimony have been... Show more content on Helpwriting.net ... George. I had spoken to Mr. George on at least three (3) occasions to review the facts and circumstances of this case and to prepare him for his testimony. I spoke to him for at least an hour the day before this hearing, reviewing the outstanding issues and answering questions that he had regarding the case. At this hearing I had Mr. George testify he operates Robert George Design Group, LTD. That he knows the claimant and has known him since around 2007. He describes his work as doing landscaping, outdoor masonry and patio work. He testified he has a subcontractor relationship with the claimant. He said the claimant's expertise were in such things as roofing, sheet rocking, painting and equipment maintenance. Mr. George testified the claimant would work for him a daily rate. Mr. George first met the claimant in 2007 when the claimant was doing some work for him at his house. The claimant asked if he could do work for him and Mr. George told the claimant he would need to have insurance and a tax ID#. The claimant obtained a tax ID# and Mr. George helped him obtain a policy of liability insurance. A certification of insurance has previously been ... Get more on HelpWriting.net ...
  • 5. Pros And Cons Of Hearsay Testimony When a crime is committed, one of the most important evidences for convincing jurors to make the decision is witness evidence. Witnesses in crimes have also been a crucial part on determining the final verdict. However, child witness testimony should not be allowed due to the harm that it inflicts on children. The article between a rock and a hard place: Why hearsay testimony may be a necessary evil in child sexual abuse cases by Watters, T., Brineman, J., & Wright, S. compares the positive and negative of using hearsay testimony instead of child testimony. The authors argues that the benefits outweighs the cost. Personally, I agree with the author's argument of the pros outweighing the cons when it comes to hearsay testimony. The negatives to childwitness ... Show more content on Helpwriting.net ... For example, the child has to face with the defendant of the crime who may possibly have been guilty. In addition, the defense attorney will question the child or even accused of the child on fabricating abuse (Watters, Brineman & Wright, 2007). Furthermore, the traumatization faced by the child may cost psychological damages in the near future. In the study by Wolfman, M., Brown, D., & Jose, P. (2016), 27 trained child witness interviewers are brought into the study as participants. Half of the participants works full time and the average experience is 5.2 years. The study found that depending on the relationship with the defendant and the severity of the damaged caused to the child, the responses to the questions will be effected due to increase in anxiety and intimidation (Wolfman, Brown & Jose, 2016). Since the child has to go through multiple interviews before trail such as caretaker, police or social services, the risk may increase. The effect of multiple trails compared to single trails can lead to more negative effects on mental health, children experience more ... Get more on HelpWriting.net ...
  • 6. Pros And Cons Of Hearsay Testimony When a crime is committed, one of the most important evidences for convincing jurors to make the decision is witness evidence. Witnesses in crimes have also been a crucial part on determining the final verdict. However, child witness testimony should not be allowed due to the harm that it inflicts on children. The article between a rock and a hard place: Why hearsay testimony may be a necessary evil in child sexual abuse cases by Watters, T., Brineman, J., & Wright, S. compares the positive and negative of using hearsay testimony instead of child testimony. The authors argues that the benefits outweighs the cost. Personally, I agree with the author's argument of the pros outweighing the cons when it comes to hearsay testimony. The negatives to childwitness ... Show more content on Helpwriting.net ... For example, the child has to face with the defendant of the crime who may possibly have been guilty. In addition, the defense attorney will question the child or even accused of the child on fabricating abuse (Watters, Brineman & Wright, 2007). Furthermore, the traumatization faced by the child may cost psychological damages in the near future. In the study by Wolfman, M., Brown, D., & Jose, P. (2016), 27 trained child witness interviewers are brought into the study as participants. Half of the participants works full time and the average experience is 5.2 years. The study found that depending on the relationship with the defendant and the severity of the damaged caused to the child, the responses to the questions will be effected due to increase in anxiety and intimidation (Wolfman, Brown & Jose, 2016). Since the child has to go through multiple interviews before trail such as caretaker, police or social services, the risk may increase. The effect of multiple trails compared to single trails can lead to more negative effects on mental health, children experience more ... Get more on HelpWriting.net ...
  • 7. Leontes Irrational Judgment Everyone on this earth shows immoral actions and shows irrational judgement from time to time. The Winter's Tale, by William Shakespeare, shows this through Leontes. The Winter's Tale illustrates that all of Leontes' immoral decisions and irrational accusations originate from private judgement. Shakespeare shows this by Leontes failing to see the whole and examine the past, to trust the wisdom of authority, and to see recurring patterns and to trust the many pieces of evidence and testimonies of witnesses that converge to verify the truth. The first point is how Leontes fails to see the whole and examine the past. Leontes believes that his wife, Hermione, and childhood friend, Polixenes, are having an affair. He believes this because Polixenes agrees to stay in Sicily only when Hermione asks him to stay. Leontes ... Show more content on Helpwriting.net ... Antigonus, one of Leontes' servants, states "Be certain what you do, sir, lest your justice Prove violence; in the which three great ones suffer, Yourself, your queen, your son." (2.1.153) This quote is Antigonus telling Leontes that he is overreacting. Antigonus is so sure he is right that he says "If it prove She's otherwise, I'll keep my stables where I lodge my wife; I'll go in couples with her; Than when I feel and see her no farther trust her; For every inch of woman in the world, Ay, every dram of woman's flesh is false, If she be." (2.1.160) Paulina, another one of Leontes' servants, becomes angry towards her king. She says "Nay, rather, good my lords, be second to me: Fear you his tyrannous passion more, alas, Thanthe queen's life? a gracious innocent soul, More free than he is jealous." (2.3.31) Paulina is convinced that Hermione is innocent. She also tells Leontes "Not so: I am as ignorant in that as you In so entitling me, and no less honest Than you are mad; which is enough, I'll ... Get more on HelpWriting.net ...
  • 8. Eyewitness Testimony Research Paper Eyewitness testimony: The influence of the wording of a question ELIZABETH F. LOFTUS University of Washington, Seattle, Washington 98195 and GUIDO ZANNI New School for Social Research, New York, New York 10011 This paper examines how complex automobile accident and our perception, recollection and verbalization may not be identical of the original event and interfere with the reconstruction of one's memory which raises question about the integrity of accounts by eyewitness in a courtroom. The paper layouts two experiments with one hundred graduate students answering twenty–two questions and giving a brief description of a film that depicted a multiple automobile accident. When a person is allowed to report about an accident freely, they tend ... Get more on HelpWriting.net ...
  • 9. Eyewitness Encounters Summary Annotated Bibliography Chapter 7: Eye Witnesses: Can we trust human memory to be accurate? Beck, E. (2009). Cool Eyewitness Encounters : How's Your Memory?. Edina, Minn: Abdo Publishing. 2009, pp. 12–15. Retrieved from Ebscohost Main Info: This is a nonfiction early education book that describes everything an eyewitness encounters after seeing a crime. Esther Beck describes in the particular content section of the crime scene investigation book about eyewitness memory. First the author establishes who would be considered an eyewitness, which is "a person who sees a crime happen" (12), Eyewitness testimony, although proven to be a lot more effective than circumstantial evidence, has been proven to be inaccurate. SImply because a person witnessing the ... Show more content on Helpwriting.net ... These feelings can make it difficult to remember accurately." (13) "Of course, it is still possible that the witness has chosen the wrong person." (13) Carpenter, A. C., & Krendl, A. C. (2018). Are eyewitness accounts biased? evaluating false memories for crimes involving in –group or out–group conflict. Social Neuroscience, vol. 13, no. 1, 2018, pp. 74–93. http://dx.doi.org/10.1080/17470919.2016.1253610 Main Info: This is a scholarly journal, given in abstract detail, that presents facts and details about why eyewitness testimony is not accurate. Eyewitness errors could be influenced by several different factors like those who you associate yourself around. Basically describes how ingroup and outgroup people can testify that a fellow "group member" is the suspect or that an outside source is the suspect, giving false evidence to the police to protect a in group member. The study presented in this journal describes psychology approaches relative to heightenly the likelihood of false memories. Data revealed these facts to be true. Quotes: " Eyewitness testimony has been shown to be unreliable and susceptible to false ... Get more on HelpWriting.net ...
  • 10. Eyewitness Testimony Is Not Always Accurate And The Memory... Eyewitness testimonies can be the reason why a person is convicted for an offence they may or may not have committed. Psychological research shows that eyewitness testimony is not always accurate and the memory can be altered. Elizabeth Loftus is a psychological researcher that studies the mind and false memories. Studies and experiments by Elizabeth Loftus, Florida Atlantic University psychologists and many other psychologists provide evidence that supports the theory that memories can be altered and therefore eyewitness testimonies are not always accurate. During an eyewitness Testimony, a person gives a statement on an event they have witnessed and have to identify the perpetrator or details from the crime scene. (McLeod, 2009) When a ... Show more content on Helpwriting.net ... Eyewitnesses are shown these identities and have to identify the person they believe is responsible for the crime (Weekly, Medicine & Law, 2017). Implications in the criminal justice system from the study Loftus and Palmer research showed that asking leading questions allows the mind to want to think what the question is asking (McLeod, Loftus and Palmer, 2010). Elizabeth Loftus is a psychologist that studies the way memories can be altered or implanted into someone's mind (McLeod, Loftus and Palmer, 2010). One of the experiments she conducted was to implant a false memory of getting lost in a shopping mall as a child into the mind of a teenager (False Memories, 1992). She did this by getting the parents to write down memories their child would remember and placing a fake one in their of getting lost while shopping in a mall (False Memories, 1992). The teenager thought they remembered the time they got lost and were even telling details about that time (False Memories, 1992). After realising that she was able to plant a memory into a person's head she realised the memory is not always accurate (False Memories, 1992). Loftus described memory in three words, suggestive, subjective and malleable (False Memories, 1992). During a TED talk, Elizabeth Loftus discussed her studies and a case that she studied about a man wrongfully accused of raping a female (Loftus, How Reliable is your memory, 2013). The male's photo was placed against other ... Get more on HelpWriting.net ...
  • 11. Eyewitness Testimony In Criminal Investigation Eyewitness testimony has been questioned regarding its accuracy. Discuss the usefulness of an eyewitness in criminal investigations. Eyewitness testimonies is evidence given by people who have witnessed an event, such as a robbery. Eyewitness testimonies are useful as they can be used to help identify a criminal and lower the amount of suspects who are included. Police and similar services can use eyewitnesses to narrow down their searches by asking a series of questions about what they have witnessed and also what they believe the suspect looked like, eyewitnesses can also help give information about the actual crime itself and therefore give police more knowledge on the crime. The advantages of an eyewitness are obvious, they can help give ... Show more content on Helpwriting.net ... After watching the film they were asked questions about the film, 50 students were asked "how fast were the car going when they hit each other?" another 50 were asked "how fast were the car going when they smashed each other?" and the other 50 were asked no questions. One week later, without the participants viewing the film again they were asked 10 questions, one of the questions which were asked was a critical question and it was randomly placed in the list, they were asked "Did you see any broken glass? Yes or no?" but there was no glass in the original film. The results were as ... Get more on HelpWriting.net ...
  • 12. Hearsay Testimonies Case Summary Testimonies from children who have experienced sexual assault can mean the difference between guilty and not guilty verdicts for the defendant. Often times child victims are psychologically and even physically harmed jeopardizing their statements during the trial. There are a number of reasons for children to be unable to give full accounts of what has occurred to them. For the purpose of protecting child victims and making sure they are heard the courts have implemented innovations that make testifying less traumatic for children and allow for a more accurate description of the assault. Hearsay testimonies are one of the innovations that have been shown to give child victims of sexual assault the chance to be fully heard. Victims directly... Show more content on Helpwriting.net ... The Effect of Hearsay Witness Age in a Child Sexual assault case" from the journal Psychology, Public Policy, and Law, authors Jonathan M. Golding, Mary C Alexander, and Terri L. Stewart discuss how jurors view hearsay witnesses and if the age of the hearsay witness effects their perception of the credibility of hearsay witness. A study was done with male and female participants, who read a fictional court case summary about a sexual assault. The court case summary involved a 7, 16, or 25–year–old hearsay witness testifying on behalf of a 6 or 15–year–old victim. (Golding, Alexander, Stewart, 1999) The case included the testimony of one primary witness, a hearsay witness, or a clinical psychologist. (Golding, Alexander, Stewart, 1999) The authors begin by explaining the purpose of child hearsay testimonies and when hearsay witnesses are permitted, "a child's words are hearsay if (a) the child's words were intended by the child to describe something that happened, (b) the child's words were spoken prior to the court proceeding at which the words are repeated by someone who heard the child speak, and (c) the child's words are offered in court to prove that what the child said actually happened." (Golding, Alexander, Stewart, 1999) hearsay isn't always permitted in order to keep the trail from becoming unfair. The authors discuss different studies that have been done on hearsay testimonies and whether these studies have shown hearsay to be reliable and warranted. One study that is described ended with jurors believing the hearsay witness just as much as the victim testifying on her own behalf, the reasons for this, as the article explains, is "the mock jurors may have seen the hearsay witness as a 'surrogate who is simply retelling the child's story'" (Golding, Alexander, Stewart, 1999) second jurors may feel the need to punish someone because sexual assault is seen as such a horrible crime, third the hearsay ... Get more on HelpWriting.net ...
  • 13. Causes Of Eyewitness Testimony Intellectuals and experts alike share a common belief that the most significant cause of unjust convictions is due to inaccurate eyewitness testimonies. Scepticism of the validity of eye witness testimonies has increased dramatically; scientific credibility of forensic evidence has weakened its reliability. Thus, resulting in this being the dominant root of false convictions (Coolican, 1996). In 2007, The Innocence Project stated that over 75% of unjust convictions contained eye witness testimonies (Innocence Project, 2007). Further studies have also had comparable results, for example Brandon & Davies (1973). Is it feasible that an individual's memory is so imprecise that it is unreliable in producing faultless memory recall? Furthermore, if memory is so undependable why is it still frequently used in the criminal justice system today if the consequence is innocent people being incarcerated? Historically, eyewitness testimony has been frequently practised, and has played a consequential role in the conviction of criminals. Monumental amounts of unsolved crimes lacking sufficient evidence has meant that an eyewitness testimony could help secure a much–needed verdict in an otherwise unsolvable crime. However, in this contemporary society, experts claim that many factors can be responsible for faulty eyewitness testimony. For example, post incident events, most specifically suggestive police strategy (Brace and Byford, 2012). Milgram's (1963) study into obedience highlighted ... Get more on HelpWriting.net ...
  • 14. A Massacre or a Riot? Essay Was the Boston Massacre really a massacre? In history, there are many events where the exact occurrences are not clear. The Boston Massacre, which took place on the evening of March 5, 1770, was absolutely no exception. Evidence is spotty, details can be lacking, and testimonies are often told from a personal and bias perspective. Determining the bias of each testimony is key to learning the motivations behind each witness, which in turn is key in deciphering the actual events of the Boston Massacre. One is right to wonder, through all of the conflicting testimonies, whether the Boston Massacre really was a massacre. The Boston Massacre is viewed with overwhelming bias and many contradictions in accounts exist, yet overall the "Boston ... Show more content on Helpwriting.net ... The town's church bells then rang; a sound that usually signifies a fire. This brought many of the people living in the town out of their homes. While many of those there were simply curious to observe what promised to be a good skirmish, there was a large contingent looking for a fight. Captain Preston then led out seven soldiers to try to defend the lone man standing. While this drew a reaction from the crowd, reinforcements were very much needed at this point. Various people from the crowd approach Preston amid the rioting, asking if the guns are loaded and if he has any intention to order his men to fire. Preston replied that indeed his men's muskets are loaded but that he has no intention to order them to fire. While it may be argued that Captain Preston bid his men prime and load with the intention to fire, it would seem that having soldiers load their guns would be a reasonable precautionary step. As the crowd escalated, snow and ice were hurled at the soldiers, and even once a stick or club. Theodore Bliss recalls seeing, "a Stick about 3 feet long strike a Soldier upon the right." The crowd, as Captain Preston remembers, was calling out, "fire if you dare" and other such encouragements. What happened next was and still is a matter of considerable controversy. What is known, however, is that the soldiers started to fire upon the crowd. Five men were killed, and six were wounded. While these deaths are pointed to in order to justify calling the event ... Get more on HelpWriting.net ...
  • 15. The Matter And Procedure At 3 Pemberton Square The Matter and Procedure On Friday, September 23, 2016, I visited the Suffolk Superior Courthouse located at 3 Pemberton Square in Boston. The judge is Hon. Heide Brieger. The case was about a woman, Meaghan Fitzpatrick, suing Wendy's, JBM Souderton (Wendy's meat supplier), and Willow Run Foods. She claimed that there were bones in a burger she bought from Wendy's, which caused her having to go through multiple oral surgeries, pain, and years of psychological discomfort. The case continued from Thursday and started with the defendant's attorney, Christopher Duggan, questioning the witness for Wendy's, a middle–age man who works at JBM as a manager. The witness testified about the meat–making process in JBM, and was then cross–examined by the plaintiff's attorney, Matthew Fogelman. Mr. Fogelman then called the plaintiff, Meaghan Fitzpatrick, to the witness stand. She testified about what happened after she bite the burger and what she had go through afterwards. The trial then proceeded to closing statements. The Witnesses The defendant's witness was a JBM manager with decades of experience in the industry. He testified that the process of meat making in JBM is extremely rigorous with multiple level of inspection and above–standard equipment. He showed the jury the entire beef–making process by drawing on a board. The lawyer has also submitted the 'final grind' as an exhibit to prove that any bone bigger than a certain size will not be able go through. All was guided by ... Get more on HelpWriting.net ...
  • 16. Why Is Eyewitness Testimony Unreliable Eyewitness testimony is unreliable In older times eye witnessing was the only way to prove that a criminal was guilty and put to jail. Now a day catching criminals is more fast and reliable with the technology we have in our hands. Technology doesn't only help us capturing or prove the right person at fault, it also helps us protect people. When it comes to eyewitnesses in court only reliable persons are brought on by the lawyers, same with victims. The journal Does Eyewitness Memory Research Have Probative Value for the Courts? explains that eyewitnesses have been givingtestimony in English–speaking courts since the late 16th century. Expert testimony on eyewitness memory, however, is relatively recent and still an infrequent event. One of the main reasons why courts ... Show more content on Helpwriting.net ... One example mentioned was that on movies or tv shows people are more focused on the big picture and forget the little details that are in front of them. Another example that was given was when watching a movie for the first time our brains only recollects the important information, but if one watches with detail they can see that in the same scene objects and people stay the same or change. This is called change blindness, not many people can see or find the change difference until someone lets them know what changed. There are lots of reports that lack recognition of strangers changing identity, but people can't seem to notice the blind change. People were showed a video of a robbery and in the middle of the clip the robber was changed into a whole different person and only certain people noticed the change, while the rest said nothing and pointed to picture of the first robber when they were told to identify the individual. Which led to the eyewitnesses being unreliable when it came to the robber, making errors identifying them (Davies, Hine, ... Get more on HelpWriting.net ...
  • 17. Child Witnesses Courts within United Kingdom, along with several other countries have made several propositions for addressing the vulnerability of child witnesses within the courtroom, although these provisions generally do not directly address the linguistic difficulties. Thus, in some jurisdictions, child witnesses are allowed to give evidence on closed–circuit television, in order to alleviate them from trauma of being face to face in court with a suspect against whom they are testifying against. However, children are often required to be present in court for cross–examination, sometimes provided with support by a screen between the child and the accused (Birnbaum, and Bala, 2010). Other provisions which attempt to address the disadvantage faced by children ... Show more content on Helpwriting.net ... Eades, (2008) asked preschool–aged children questions that were answerable and the questions that were nonsensical to see whether they would respond in predictable ways. Overall children rarely answered "I don't know" to the nonsensical questions, and the youngest children exhibited a tendency to acquiesce to the experimenter. These findings suggest that when children's language skills limit their understanding of questions posed to them, they are still likely to attempt and answer, and thus their response are likely less accurate. The developmental inappropriate language used in court makes it difficult for any child to provide reliable testimony, no matter what their relative competence at understanding and answering questions may ... Get more on HelpWriting.net ...
  • 18. Accuracy of an Eyewitness Testimony Essay The Accuracy of an Eyewitness Testimony Student: Amy Mason Number: 2842657 Tutor: Serena Nicholls Tutorial Time: Thursday 10am– 10:50am Due date: Friday 21st September 21, 2012 Word count: 1858 Psychological research shows that eyewitness testimony is not always accurate, therefore it should not be used in the criminal justice system. Discuss. The reliability if an eyewitness testimony is questionable. The witness may be so certain that the person that thy are pointing out is one hundred per cent the suspect or they could be so certain when it comes to retelling the incident, although these people are so sure on what it is they are doing, their testimony cannot always accurate. Due to the lack of accuracy with eyewitness ... Show more content on Helpwriting.net ... * Hindsight Bias: Hindsight bias can affect the eyewitness in that, once the witness learns how the event turned out, it can affect how they remember the crime. * Overconfidence of the eyewitness testimony: although the witness may seem and feel confident, this does not mean that their testimony or identification is correct or true. All of the above factors and causes for wrongful causes of eyewitness testimonies as well as factors such as: the lighting of the area where the incident happened, how long the victim was with the victimiser, how stressful the situation was and the amount of time between the crime and alerting authorities can have a huge impact on ones eyewitness testimony. Although the witness may seem adamant and confident in their testimony, the above factors should be assessed and taken into consideration when reflecting on the accuracy and reliability of the witness's testimony. An alternative source of reliable evidence is DNA evidence. Although DNA evidence did not exist when Ronald Cotton was first accused, it was what made him a free man in the end, proving his innocence. It is believed that thousands of men and women are wrongfully convicted for crimes they did not commit (Wise, Fisherman &amp; Safer, 2009) and as experts estimate; half of all wrong convictions are due to misidentification in an eyewitness testimony (Wise, Fisherman
  • 19. ... Get more on HelpWriting.net ...
  • 20. False Eyewitness Testimony Research Paper Alaa Mohamed (False Eyewitness) Is the eyewitness testimony is correct and true all the time or not? The Eyewitness testimony has been used for a long time as evidence in a crime scene. Many psychologists tried to answer the question if the eyewitness testimony is correct and true all the time or not. This research study done by STARR (2012) addresses that eyewitness memory can be changed depends on the satiation and what kind of question that we ask the eyewitness during the police investigations or in the court room. While STARR's article raises timely and important issue, he included a good scientific research explaining how false eyewitness could be. Several studies have examined the eyewitness testimony and how that could not be accurate ... Get more on HelpWriting.net ...
  • 21. Eyewitness Testimony And Its Effect On The Credibility Of... Eyewitness testimony is a hot button issue in not only the criminal justice field but also the psychology field as well. It continues to be argued that this type of "evidence" is far too unreliable for the court room and can ultimately end up punishing the wrong person for a crime they did not commit. The influence of an eyewitness testimony cannot be denied as research has showed that, "adding a single prosecution eyewitness to a murder trial summary increased the percentage of mock jurors' guilty verdicts from 18 to 72" (Leippe, Manion, & Romanczyk, p. 182, 1992). In the article discussed here, researchers will look into various age groups to see if age has an effect on the credibility of eyewitness testimonies while attempting to discern what certain cues build upon such credibility. Despite such criticism the effect of an eyewitness testimony is still obviously powerful which makes this issue that much more controversial. That vast increase previously mentioned was based off of a simple statement rather than an actual witness being present, which shows that a testimony does not need to be confirmed visually or audibly to be trusted. Although, the witness involved in said mock trial was an adult, as adult memory is trusted to be more accurate than that of a child's. Children have been said to be too suggestible and their memories too inferior to be fully trusted (Leippe et al., p. 182, 1992). To test this out researchers in the article, "Eyewitness Persuasion: How and ... Get more on HelpWriting.net ...
  • 22. Racism And Discrimination In To Kill A Mockingbird By... The novel, To Kill a Mockingbird, addresses the issues of racism and discrimination in the south during the 1930s through a trial concerning rape. Tom Robinson, though convicted of this crime, was innocent. The evidence within the case shows that Tom Robinson is innocent because of Mayella Ewell, the young lady that claims she was raped, has most of her bruises on her right side, however, Tom Robinson's left arm is completely useless. To add, Tom sounds more trustworthy than the other two witnesses, Mayella and Bob Ewell. The first witness, Heck Tate, says during histestimony, "'It was her right eye, Mr. Finch. I remember now, she was bunged up on that side of theface...'" (Lee 225), with this information, it makes it less likely that Tom Robinson had assaulted Mayella because "his left arm was fully twelve inches shorter than his right" (Lee 248). However, it is more probable that Bob Ewell abused Mayella because, during Bob Ewell's cross–examination, Atticus asks him to write his name, and Judge Taylor realizes Bob Ewell is left–handed when announcing, "'You're left–handed, Mr. Ewell'" (Lee 237). During Heck Tate's testimony, he says that Mayella's right side of the face was beaten up, however, Tom Robinson's left arm is shorter than his right, so it is implausible he would have pummelled Mayella's face, but it's more likely for Bob Ewell to do so because he is left–handed, and, in general, is a horrible person. This proves Tom could not have walloped Mayella's right ... Get more on HelpWriting.net ...
  • 23. Difference Between Eyewitness Testimony Whether an individual is a witness for or against your case, there are signs that a person may not be reliable. The following are a few things to look for. A witness's statement does not agree with the evidence This is not always obvious because a witness's statement can seem accurate except for a single variance with the physical evidence. This can be important because of the case were to go to trial, a simple discrepancy in the testimony could be exploited by the opposing attorney. Although it is normal for eyewitness testimony not to be perfect, if there is a difference between the witness's account and a particular piece of evidence, there is a chance that some or all of the testimony has been derived from the statement of one of the parties in the lawsuit or criminal case. There is a bias with the witness If the witness is a friend or relative of one of the parities involved, there is an obvious bias that the witness may have. This doesn't mean that the witness's statement is necessarily inaccurate, but anytime there is a relationship between a witness and the party being sued or is suing, then the statement may be questionable. As a private investigator, we can run a background check on someone to determine if there is a family relationship or perhaps a ... Show more content on Helpwriting.net ... Whether a witness's testimony will still be valuable in court is up to an attorney, but in general, the greater the change, the more unreliable the witness is. The key element is whether the witness was on record with their first story. If their first statement was not recorded and is one that was verbal, the second statement that was a recorded witness statement may carry more weight. This is why it is important to have a witness statement documented, and have it done as early as possible while the event is still fresh in a person's mind. A private investigator has skills and legal knowledge to record an in person witness statement ... Get more on HelpWriting.net ...
  • 24. Essay On Eyewitness Testimony Eye witness testimony is an unreliable way of testifying because age differences can be easily influenced and gender roles has an impact in the accuracy for memory recalling. A study conducted of one hundred and ninety–six individuals living in Madrid at the time of the terrorist attack demonstrated that age differences affects the accuracy of eye witness testimonies (Vallet, Manzanero, ArГ іtegui, Garcia, 2017). Adolescents and children are both influenced differently by emotions and the quality of their memory. With that being said, adults performed better on recalling much accurate details such as sound, odor, central information, visuals, and feelings (Vallet, et al., 2017). The younger group of individuals, children, had doubts on recalling their memories of the event. This is due to the fact that depending on the age and level of development that an individual is in, the strength in their memory can be easily influenced (Vallet, et al., 2017). Another study reveal that females performed better than males for the accuracy of memory recalling for description of a ... Show more content on Helpwriting.net ... Adults can recall memory better than a child would because of the level of development they are in (Vallet, et al., 2017). A child can also be easily manipulated by leading questions that they were subjected to and say what they think the individuals want them to say. In addition, children also create false memories at times (ABC News, 2005). Men have greater confidence recalling their memory which makes them seem reliable, but it is not a reason why eye witness testimony is reliable. There is an exception where an eye witness testimony done by a female can be reliable, it is for description of the place and appearance of a person. However, with all things, eye witness testimony done by a female should still be taken with a bit of ... Get more on HelpWriting.net ...
  • 25. Judicial Affidavit Rule [A.M. No. 12–8–8–SC, 4 September 2012] JUDICIAL AFFIDAVIT RULE Whereas, case congestion and delays plague most courts in cities, given the huge volume of cases filed each year and the slow and cumbersome adversarial system that the judiciary has in place; Whereas, about 40% of criminal cases are dismissed annually owing to the fact that complainants simply give up coming to court after repeated postponements; Whereas, few foreign businessmen make long–term investments in the Philippines because its courts are unable to provide ample and speedy protection to their investments, keeping its people poor; Whereas, in order to reduce the time needed for completing the testimonies of witnesses in cases under litigation, on February ... Show more content on Helpwriting.net ... Sec. 3. Contents of Judicial Affidavit. – A judicial affidavit shall be prepared in the language known to the witness and, if not in English or Filipino, accompanied by a translation in English or Filipino, and shall contain the following: (a) The name, age, residence or business address, and occupation of the witness; (b) The name and address of the lawyer who conducts or supervises the examination of the witness and the place where the examination is being held; (c) A statement that the witness is answering the questions asked of him, fully conscious that he does so underoath, and that he may face criminal liability for false testimony or perjury; (d) Questions asked of the witness and his corresponding answers, consecutively numbered, that: (1) Show the circumstances under which the witness acquired the facts upon which he testifies;
  • 26. (2) Elicit from him those facts which are relevant to the issues that the case presents; and (3) Identify the attached documentary and object evidence and establish their authenticity in accordance with the Rules of Court; (e) The signature of the witness over his printed name; and (f) A jurat with the signature of the notary public who administers the oath or an officer who is authorized by law to administer the same. Sec. 4. Sworn attestation of the lawyer. – (a) The judicial affidavit shall contain a sworn attestation at the end, executed by the lawyer who conducted or supervised the ... Get more on HelpWriting.net ...
  • 27. Essay on Childrens Testimony Over the last thirty years, the idea of children as witnesses and the accuracy of their testimony has been widely debated. People are asking themselves if the memories of young children, specifically between the ages of five and ten, can be accurate and in return trusted. So, can children's memory and testimony be accurate? Prolific amounts of research have been conducted in an attempt to answer this question. Most of the research suggests that unfortunately we can not rely on their accurate recall in testimony. I would have to say I agree with the findings. The current anxiety about the validity of children's testimony in court stems mostly from heavily publicized cases of child molestation during the 1980's ... Show more content on Helpwriting.net ... Second, we must look at the affects of being a witness not only on the legal system but also on the child as an individual. Children could be further traumatized emotionally and physically by involvement as a witness. Finally, we need to closely look at how the legal system is set up and how well children fit into this system. Are witness procedures set up in a way that children can understand and accurately give their testimony? These are the things that need to be looked at closely to determine if children can be reliable and credible witnesses in court. Because of the greater involvement of child witnesses in legal settings, it is important to know whether their recollections of an event can be trusted (Koriat et. al, 2001). This is a question that obviously can not be answered with a simple yes or no answer. However we can look at the way in which children develop cognitively to help us better understand the way in which children think and understand the world around them. We know that children are lacking in experience as compared to adults. A four year old just has much less life experience than a 16 year old. Younger children are not able to detect subtle differences like, implications and sarcasm in conversation. In addition, children being less cognitively developed have immature and less concrete schemas. These schemas may change constantly through your life, but ... Get more on HelpWriting.net ...
  • 28. Eyewitness Testimony Should Be Used In Court Introduction As time goes on, eyewitness testimony has become more and more of a disputed topic due to many different factors. The first study I was exposed to was in an introductory psychology class which sparked my interest into the topic. For this reason, I chose to look at different demographics such as, gender and major, and see if those factors had any impact on the perception of eyewitness testimony. My main issues remained the same throughout this research project. Research studies in relation to eyewitness testimony have been going on for hundreds of years. A study done in 1999 by Marcus D. Durham and Francis C. Dane at Mercer University, looked at ways to assess prospective jurors' knowledge of the factors that may influence eyewitness behavior. Those factors include topics such as race, memory processes, age, and stress. In addition, the researchers "compared students'... Show more content on Helpwriting.net ... The independent variable, gender, is shown in the columns and the dependent variable, eyewitness testimony should be used in court, is displayed in the rows. No respondents reported to "Strongly Disagree" with the statement, which is why it is not included in the date table. 75% of males (3) reported that they strongly agree that eyewitness testimony should be used in court, while 25% (1) reported that they somewhat disagree. This shows that the majority of male respondents agreed with the statement. On the other hand, 50% of women (3) reported to somewhat agree that eyewitness testimony should be used in court, while the other 50% of women (3) reported that they somewhat disagree. This displays an even divide between the attitudes towards using eyewitness testimony in court. In looking at the totality of the responses, six respondents agreed with the statement to some extent and four respondents disagreed with the statement to some ... Get more on HelpWriting.net ...
  • 29. Holy Office Inquisition Guatemala Summary A first hand documentation of a case carried out by the Holy Office of the Inquisition of New Spain against a woman accused of sorcery and witch craft in colonial Guatemala took place in 1696. The primary source case includes three witnesses testimonies with detailed insight and background regarding the beliefs about witch craft, sorcery, and religious deviance in Guatemala, Mexico during the 1690's. The case describes an incident in which a woman named Michaela de Molina is accused by the church official of the Holy Office Inquisition in New Spain of using sorcery against an Indian woman, Maria de la Candelaria, to make her extremely ill. The source describes the witnesses testimonies to the Inquisition in Guatemala. The witnesses claimed that the Indian woman, Maria de la Candelaria, bleed from her mouth and nostrils and expelled lumps of rags, rocks, coal, hay, and hair. The write up of the case represents the witnesses belief that a spell placed on Maria by a supposed... Show more content on Helpwriting.net ... This is a similar tone to that of other articles written regarding the topic. The articles by Joan Bristol and Ruth Behar discuss witchcraft in a negative light with the same tone as the primary case. They both also discuss the seriousness in which the Inquisition views acts of sorcery and religious deviance. For example, a healer received "200 lashes" for using a "potion" in the article and another woman underwent domestic abuse that went ignored due to her supposedly cursing her husband. The strength of the Inquisition and its ability to persuade others to accept their beliefs is represented in the above secondary articles, but also in primary diary entries by Brazilian slaves that describe the Catholic church as controlling marriage between slaves. The Inquisition held a role of control, and they utilized it in many aspects which is represented ... Get more on HelpWriting.net ...
  • 30. Eyewitness Testimony Research Paper Eyewitness Testimony The use of the eyewitness testimony has always been viewed as one of the most reliable forms of evidence when it comes to the court system. Recently many cases have been brought up where the use of the eyewitness testimony has failed and put an innocent citizen into jail leaving the criminal on the loose and a threat to the population. This has caused eyewitness testimony to go from a reliable source to a controversial subject for many. The eyewitness testimony should not be used because memory is corrupted after a certain length of time, interviews push eyewitnesses to identify a subject, and lineups further confuse the witness. The article "Juror Knowledge of Eyewitness Behavior: Evidence for the Necessity of Expert ... Get more on HelpWriting.net ...
  • 31. Wayne Williams Testimony The expert testimony in the Wayne Williams case was vital in explaining the evidence to the jury (Imwinkelried, 1983). It is reasonable to concede that jurors have no prior knowledge of forensic science. Additionally, jurors will most likely have no prior knowledge of the different variations, color spectrums, moreover the uniqueness of various items presented as evidence in this case. As a prosecutor, it would important to include the testimony of fiber experts with extensive knowledge of the article presented. This expert would be able to articulate to the jury the unique qualities as well as characteristics of the fibers. The prosecution in the Wayne Williams trial provided expert testimony that addressed the rare greenish carpet fibers ... Get more on HelpWriting.net ...
  • 32. Eyewitness Testimony And The American Psychological... For centuries, even before the rise of modern law and judicial practices, eyewitness testimony has been a crucial part in reaching verdicts in court. The opinions and observations of bystanders or active participants in a crime scene are often considered to be very valuable in determining the guilt or innocence of accused individuals. However, there has been a large amount of scrutiny in the law world concerning both misappropriated and untrue testimonies administered in courts of law. Although thetestimony of individuals can simply be misinterpreted or forgotten due to a variety of reasons, eyewitnesses also provide information that can purposefully incriminate or exonerate a defendant. Ultimately, despite its benefit in putting deserving persons behind bars, the use of eyewitness testimony can absolutely be a dangerous monster for the innocently accused in different scenarios. Despite thorough research supporting the dangers of eyewitness testimony, and the constant press by the American Psychological Association (APA) and different law, psychology, and forensics experts, there are no national guidelines conducting how law enforcement agencies gather eyewitness identifications. In an APA brief, suggested by researchers and the Innocence Project, sent to the Pennsylvania Supreme Court, it discussed how juries often don't understand the factors that can influence a witness' ability to accurately identify a suspect. Such factors include how much stress a witness is under, ... Get more on HelpWriting.net ...
  • 33. Examining The Factors That Influence Eyewitness Testimony Eyewitness testimony is the account of the witness of a certain event or incident. Throughout, the witness is enforced to provide their experience to the court in order to take legal action towards the incident. It is considered a very useful tool in courts. Yet, such a way to find out the truth is unreliable as many witnesses fail to contribute in a positive way to grant courts accurate data of the incident. This essay will be discussing the factors that influence eyewitness testimony including age, weapon focus, stress, or the leading questions asked in court. "When a witness perceives a complex event, a number of factors, such as the exposure time, or the salience of the event, or the witness's prior expectations, will affect the accuracy of what is perceived and stored in memory" (Loftus, 1996). To Begin with, Loftus has explained how the duration between when the witness has to talk to the officials and the event can be such a crucial period. Humans usually forget rapidly after an event and time will make one forget more gradually. Moreover, one's memory isn't functioned in a way in which a video of events will stay in mind. A proof was made through Loftus' experiment in 1975 where he showed the witnesses a film of a multiple–car accident then added in the questionnaire having a stop sign where they all agreed that there was one. Yet, statistics have shown that not mentioning the object would cause only 35% to claim there was one considering the accident lasted 4 ... Get more on HelpWriting.net ...
  • 34. Federal Rule 702: Testimony Of the testimony's given in the movie My Cousin Vinny, there were two expert witnesses that took the stand, Ms. Mona Lisa Vito and Agent George Wilbur. They both testified on the tire tracks that were left at the scene of the crime and whether they were made by the defendants' 1964 Buick Skylark. Federal Rule 702: Testimony by Experts states, "If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise." Gardner, T.J., Anderson, T.M. (2010). Ms. Vito had specialized knowledge and understanding of automobiles which came from her years of working in a garage that specialized in automotive repair. Based on Federal Rule 702, testimony by experts is based on knowledge the witness provides to the trier for understanding of the evidence provided. Ms. Vito did so by her statements clearly noting the 1964 Buick Skylark could not have made the tire tracks that were left at the scene because of the positraction, a limited slip differential which distributes power equally to both the right and left tires, that the 1964 Buick Skylark did not come equipped with as the 1963 Pontiac Tempest did. According to... Show more content on Helpwriting.net ... Agent Wilbur's testimony on the rubber analysis taken from the scene and the tire rubber taken from the rear tire of the defendants' car being an exact match from the chromatograph machine is specialized knowledge that aid in the trier of facts understanding. Due to Agent Wilbur's years of experience as an automotive instructor ... Get more on HelpWriting.net ...
  • 35. Effects Of Eyewitness Testimony On The Us Criminal Justice... Midterm Paper: The Effects of Eyewitness Testimony in the US Criminal Justice System On December 14th, 1982, Marvin Anderson was sentenced to 210 years in prison for crimes that he did not commit [1]. He was charged with rape, forcible sodomy, abduction, and robbery; these convictions were largely due to the eyewitness testimony made against him at trial [2]. During the investigation, a collection of photos was presented to the victim, where Anderson's photo was the only one in color. Then, in a line up 30 minutes later, Anderson was the only one brought in whose image was shown to the witness in the original array. Unfortunately, the witness then identified Anderson as the perpetrator, which acted as very convincing evidence in the ... Show more content on Helpwriting.net ... Despite knowing the unreliability of eyewitness testimonies, investigators still narrow in on suspects identified by these witnesses. To explain the effects of eyewitness testimony one can examine a few conditional probabilities: Prob(Police investigate all leads/Eyewitness testimony) < Prob(Police investigate all leads/No eyewitness testimony) Prob(Correct person convicted/Police investigate all leads) > Prob(Correct person convicted/Police do not investigate all leads) Thus depending on specific numerical probabilities, it follows that: Prob(Correct person convicted/Eyewitness testimony) < Prob(Correct person convicted/No eyewitness testimony) Of course, eyewitness testimonies are not always unreliable and often can be crucial in correctly identifying the perpetrator of the crime, thus these premises and conclusion are not to be taken at face value, but as a way to conceptualize bad bias from eyewitness testimony. Mistaken eyewitness testimony causes a large amount of bad bias by shifting focus onto one specific defendant. With all the focus on one defendant, many cognitive biases come into play, such as confirmation bias and belief perseverance. If a witness passionately claims that someone committed the crime, investigators are likely to mold evidence to fit the case against that defendant, instead of identifying an alternative suspect who ... Get more on HelpWriting.net ...
  • 36. Federal Rule 702: Testimony Of the testimony's given in the movie My Cousin Vinny, there were two expert witnesses that took the stand, Ms. Mona Lisa Vito and Agent George Wilbur. They both testified on the tire tracks that were left at the scene of the crime and whether they were made by the defendants' 1964 Buick Skylark. Federal Rule 702: Testimony by Experts states, "If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise." Gardner, T.J., Anderson, T.M. (2010). Ms. Vito had specialized knowledge and understanding of automobiles which came from her years of working in a garage that specialized in automotive repair. Based on Federal Rule 702, testimony by experts is based on knowledge the witness provides to the trier for understanding of the evidence provided. Ms. Vito did so by her statements clearly noting the 1964 Buick Skylark could not have made the tire tracks that were left at the scene because of the positraction, a limited slip differential which distributes power equally to both the right and left tires, that the 1964 Buick Skylark did not come equipped with as the 1963 Pontiac Tempest did. According to... Show more content on Helpwriting.net ... Agent Wilbur's testimony on the rubber analysis taken from the scene and the tire rubber taken from the rear tire of the defendants' car being an exact match from the chromatograph machine is specialized knowledge that aid in the trier of facts understanding. Due to Agent Wilbur's years of experience as an automotive instructor ... Get more on HelpWriting.net ...
  • 37. Perjured Testimony: Case Study I am writing to request that you investigate the agency's presentation of perjured testimony and its failure to refer the perjury for prosecution. In the matter of International Brotherhood of Teamsters, Local 251 and Michael S. Bearse, 01–CB–172600, the Administrative Law Judge determined that the agency's principal witness perjured herself repeatedly. Exhibit A, slip op at 4, n.4. By letter dated August 22, 2017, I asked the Regional Director what action he intended to take in connection with the finding that his Afion and principal witness committed perjury. Exhibit B. Because I did not receive a response, on September 7, 2017, I called and wrote the Regional Director to ask whether he intended to take any action, I have yet to receive ... Get more on HelpWriting.net ...
  • 38. Children 's Testimony Of Judicial Proceedings Throughout... Abstract This research paper investigates children's testimony in judicial proceedings throughout the past few decades. An increase in child abuse allegations in the 1980s resulted in mass allegations throughout the United States. As a result, a child is interviewed by law enforcement and social workers regarding what happened during specific incidents. Tactics to acquire the testimony of the children has been up for debate by the judicial system and psychologists. These tactics include suggestibility, repeated questions, or stereotyping that may alter the testimony of children to accommodate interviewers biases, knowingly and unknowingly, resulting in false arrests and imprisonments. Psychological research has initiated a growing concern ... Show more content on Helpwriting.net ... Children's testimonies have serious implications for the accused and the question of whether or not children are reliable sources of information have been brought to the attention of judges and cognitive psychologists. The history of court proceedings allowing child witnesses to testify has seen an increase in false accusations against teachers, friends, and family members, bringing to question as to why or how a child may come up with false memories. Psychological research into the subject has shed some light on some possibilities as to how some children may be susceptible to manipulations. Research into children's memories has serious implications to society an individual's involved in a specific case. Three outcomes are possible (a) the researchers may discredit the children's testimony in real abuse cases and strengthens the defenses case against a real perpetrator; (b) the child who has witnessed or experienced a crime testifies accurately and truthfully, resulting in a perpetrator going to prison and not committing another crime; or (c) the child has given false accusations as a result of faulty interview tactics by law enforcement or social service workers that result in false charges and imprisonment. Cognitive psychologists take these instances into consideration when creating studies regarding children's memories and relating them to the judicial system (Ceci & Bruyn, 1993). One may be wondering why interview tactics that allow room for ... Get more on HelpWriting.net ...
  • 39. Essay about Eye Witness Testimony Eye Witness Testimony The language used by the police when interviewing witnesses and barristers during a trial may influence answers given by witnesses, this language may affect initial perception and subsequent recall. Both of these effects are shown in the study by Loftus & Palmer {1974). My experiment into this field showed the leading question with the `verb` contained the information about what the answer should be, thus language can have a distorting effect on EWT, which can lead to inaccurate accounts of the witnessed account. This was most certainly true in the study carried out, most participants gave a higher estimation of speed when the word in the critical question was changed ... Show more content on Helpwriting.net ... Current serving police officers of today state they use The Cognitive Interview Technique when interviewing witnesses. With this approach thewitness is asked to recall details of the incident in various different orders and to recall everything they remember whether they feel it is relevant or not, recall the event from a different perspective, such as that of another witness. Before the nineties, questioning was done very much on `critical questioning sometimes oppressive questioning which could produce unsafe information thus sometimes leading to false arrest and imprisonment, it was realised from previous studies into this field things had to change. Today the police have different policies, interviews are based on single questions and open replies and the technique changed on the advent of tape recorded interviews and change of style. Serving Police Officers have voiced only one disadvantage of this type of interview in that it can be time consuming. When starting an interview police go back to the time where the witness is relaxed and comfortable before the event and a picture is built up from there, police are encouraged to avoid making judgmental and personal comments, to encourage witnesses to speak slowly, minimise distractions, tailor the complexity of language to suit individual witnesses to allow a pause between the ... Get more on HelpWriting.net ...
  • 40. Medical Statement DISCUSSION The Department's Representative LB testified that the Appellant filed an application for MA and HCBS in February 2017. The Application was initially submitted electronically and then a paper application was received. The MA/HCBS combination application was initially denied for failure to provide verification of an emergency medical condition. The Department realized that the Appellant had case activity on two different record numbers therefore, requested new medical information and the application was reviewed again. The IMCW testified that on April 25, 2017, the medical information was received and sent to the Office of Long Term Living (OLTL) for a determination; the following day, they requested additional medical ... Show more content on Helpwriting.net ... The Appellant's Representative argued that his father needs open heart surgery and will need aides to come out while he is recuperating. Due to his age of eighty–seven (87), he is prone to falling and need someone to look after him. The Appellant's Representative testified that he comes home at lunch time and on breaks to care for his father since there is no one there to do it, but cannot stop work completely to take care of him. The Appellant's Representative believes that his father should be eligible for MA and HCBS and does not agree with the Department's decision. The Appellant's Representative concluded that more medical information was issued to the Department in July 2017, that the Department failed to address or issue an updated Notice. APPLICABLE LAWS, REGULATIONS, AND DEPARTMENTAL POLICY 55 Pa Code В§ 275.4, in applicable part (g) Hearing proceedings. (2) Agency staff responsibility at the hearings. The County Assistance Office and other agencies as appropriate will prepare for the hearing so that evidence considered in making the decision or taking the action which is at issue and evidence that supports that decision or action will be introduced at the hearing in an orderly and concise manner. Relevant information which is presented at a hearing will include the following: (i) Names, relationships and ages of ... Get more on HelpWriting.net ...
  • 41. The Reliability of Eyewitness Testimony Essay The Reliability of Eyewitness Testimony Part 1 – How reliable is Eyewitness testimony? The Reconstructive nature of memory – Schemas and Stereotypes The reconstructive nature of memory is related to the schema theory. A schema is a package of memory that is organized and developed throughout our lives. Schemas are stored in long term memory. Most people have similar schemas and this was recognized by Bower, Black and Turner (1979) when they asked several people to recall the schema for the most important things they do when they go out to a restaurant for a meal. They found out that most people put the same main aspects in their schemas. Bartlett's theory of Reconstructive Memory is ... Show more content on Helpwriting.net ... Some parts of information were forgotten and others were exaggerated. Bartlett's study showed how our cultural expectations or stereotypes lead to predictable changes in memory. Stereotypes are schemas that summarize large amounts of information. Like schemas, stereotypes influence memory. He argued that schemas affect the retrieval process rather than the initial storage, but a study by Cohen (1981) suggested that schemas and stereotypes are important at both stages of memory: initial storage and retrieval. The effects of leading questions An eyewitness's testimony about an event can be affected by the questions that are asked. For example, if the experimenter asks, "did you see the broken headlight?" rather than "did you see a broken headlight?" the use of the word "the" suggests there was a broken headlight and therefore the participant goes on to build up a memory for that headlight (Loftus and Zanni 1975). The language used in questioning eyewitnesses may alter what they remember. Loftus and Palmer (1975) showed their participants a series of projector slides of a multiple car accident. The participants then answered specific questions. It was found out that the information implicit in the question affected memory, even though the questions apparently only differed
  • 42. ... Get more on HelpWriting.net ...