cases where eyewitnesses were right

25 A. G. Goldstein, J. E. Chance, and G. R. Schneller, Frequency of Eyewitness Identification in Criminal Cases: A Survey of Prosecutors, 27(1) Bulletin of the Psychonomic Society: 71, 73 (January 1989). 'You're supposed to interview me but you're actually having a confrontation with me,' he told Amanpour. Law enforcement officers, prosecutors, attorneys, and jurors need to realize that just because a witness says so does not make it so. Having served 10 years in prison, the psychologist recommended his release from prison. Miller was convicted and sentenced to 52 years in prison. Officers of the law should be instructed by their superiors about the potential inaccuracies and dangers of witness testimony. Thanks for reading Scientific American. You can get our highlights each weekend.]. Instead, they asked that the six eyewitnesses who originally testified against Grant respond to his claims of innocence. 4 Defffenbacher, et al. These courts generally accept detailed descriptions of relevant scientific research findings to either attack or support eyewitness testimony.19 Other courts, meanwhile, leave the jury to determine the credibility of eyewitness testimony and insist that findings from scientific research in this area cannot help the jury to do so.20 Until he was released on parole, the 81-year-old Weger ranked as the second longest-held inmate in Illinois prison system. Blood and fingerprint evidence, per se, would not be deemed unreliable. And third, the confidence expressed by the eyewitness following an identification of someone from the lineup must be recorded. The subjects who had been asked the leading question were much more likely to choose the slideshow with the yield sign, since their memories had been tampered by the question asked earlier.4 Many studies have since corroborated the findings of Loftus, such as another experiment, where the same effect was reproduced using television screens, and then seeing the effects between the different participants.5 Studies like these have demonstrated the fickle nature of memory, and how details can be changed without the witness really even recognizing it. Eyewitness Testimony: Recommended Practices, Eyewitness testimony continues to be commonplace in law enforcement and trials. Chester Weger was convicted in 1961 of the notorious Starved Rock Murders, in which three women were brutally killed and their bodies left in a park located in LaSalle County, Illinois about two hours southwest of Chicago. Examples of when an expert witness may be needed include: To hire an expert witness, you may make contact with us via our simple online contact form, call us on 01865 587 865 or by requesting a call back from our team via the link below. He served 61 years in prison before being released on parole in February 2020. Read through our advertising and sponsorship rates and contact us. Some elements include the following: First, and most important of all, because the test itself contaminates memory, only the initial memory test provides uncontaminated results. 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In 1999, Sally Clark, a solicitor, was convicted of murdering her two infant sons (one in 1996 and the other in 1998) at Chester Crown Court. Although the high accuracy of an initial ID made with high confidence is important to appreciate, the low accuracy of an ID made with low confidence may be even more important to appreciate. The psychiatrist found that she had an adjustment disorder at the time she killed her husband, enabling her solicitors to challenge her conviction for murder. In Perry v. New Hampshire, the Supreme Court barred the defendant from challenging the eyewitness testimony proffered by the state, even though the circumstances surrounding the eyewitnesss identification of the defendant were decidedly suggestive. On the strength of six eyewitnesses lineup identifications, Lydell Grant was sentenced to life in prison in 2012 for the murder of a young Texas man, Aaron Scheerhoorn, who was stabbed to death outside a Houston nightclub in 2010. 'In Iran we had an incident. We will automatically post your comment and a link to the news story to your Facebook timeline at the same time it is posted on MailOnline. But eyewitnesses allege she was severely beaten and died as a result of police brutality. 10 Manson v. Brathwaite, 432 U.S. 98, 114 (1977). 28 Brandon L. Garrett, Convicting the Innocent: Where Criminal Prosecutions Go Wrong 6368 (Cambridge, MA: Harvard University Press, 2011). In one of the earliest studies of this misinformation effect run by Elizabeth Loftus, subjects were shown a slideshow of a red car passing a stop sign and hitting a pedestrian. She was sentenced to life in prison. But in 57 percent of those cases, it was possible to determine what happened on the initial (uncontaminated) memory test. Do not sell or share my personal information. 2 24 Federal Bureau of Investigation, Crime in the United States 2012: Persons Arrested,. 'But foreign interference and the Persian-language media that are based in the United States and Britain focused their activities on encouraging and instigating the riots and acts of terror. Kendall Taggart BuzzFeed News Reporter I can vouch for the truth of his observations, having been involved in several cases dealing with witness misidentifications while representing both plaintiffs and defendants. Dan tries to find out more about Mustafa . My review of the transcripts from Grants trial suggests a simple explanation for these high-confidence mistakes: The police did not use scientific best practices for collecting the eyewitness identification evidence. Judges in California routinely talk to jurors about the possibility of misidentification, but their instructions arent as complete as those contemplated by the New Jersey court. This is not always the case. EvgeniyShkolenko/iStock via Getty Images Plus, Chicago Sun-Times/Chicago Daily News/Chicago History Museum via Getty Images, Scientific best practices for conducting eyewitness lineups, smile when witnesses are looking at the suspect, no longer tell the difference between accurate and mistaken eyewitnesses, alter witnesses memories of the original crime, less able to recognize the actual perpetrator, is informative regarding the eyewitnesss accuracy, 25 states have adopted these core procedural reforms, Committee Member - MNF Research Advisory Committee, PhD Scholarship - Uncle Isaac Brown Indigenous Scholarship. Iran's foreign minister could not stop smirking as he was grilled about his country's record on women's rights in a combative interview with CNN's Christiane Amanpour on Wednesday. An initial eyewitness identification made with low confidence indicates that even though memory was not contaminated, the ID is untrustworthy (that is, by indicating low confidence, the eyewitness is effectively saying, Theres a good chance that Im making an error). 3 Eyewitness Misidentification. Some professionals have questioned whether this case has led to heightened caution when considering capacity and fitness in cases where dementia and cognitive impairment are diagnosed. Do you ask other countries who are in our region but are allies of the United States the same kinds of questions that you're asking me about the women's hijab? Following a protracted trial,Saunders was found guilty ofconspiracy, theft, and false accounting. Many believe that this conviction was based on contaminated DNA evidence. My Blog cases where eyewitnesses were right. One estimate based on a 1989 survey of prosecutors suggests that at least 80,000 eyewitnesses make identifications of suspects in criminal investigations each year.25 Of course, he knew that Lydell Grant was the one under suspicion. Medicolegal court reports are requested where expert witness evidence is required. The attendants were also able to have a brief conversation with the driver before he fled on foot. One might assume that Grant was the murderers unlucky doppelganger. the time between the crime and the identification procedure. 9 According to the innocence project, mistaken identification is a leading factor in wrongful convictions. The perpetrator had a brief conversation with the parking lot attendants and then fled the scene. Last updated: 27 February 2023. The pathologist discovered that one of the babies had in fact died from a viral infection, not cot death. Years later, in 1967, the U.S. Supreme Court highlighted the danger of erroneous eyewitness identification in United States v. Wade, stating, The vagaries of eyewitness identification are well-known; the annals of criminal law are rife with instances of mistaken identification.23 The Federal Bureau of Investigation (FBI) estimates that U.S. law enforcement made 12,196,959 arrests in 2012. The testimony of an eyewitness could make up for many shortcomings in a case, such as the lack of any actual physical evidence. They found that when showing violent and non-violent crimes on videotape to subjects and then prompting them with questions later, the witnesses had more and more difficulty remembering certain details as the violence in the video went up.8. (2017). After killing the officer, the shooter fled the scene and a high-speed car chase ensued. Readers speculate why, Letters to the Editor: Serious about the drought? After she had spent several years in prison, an independent consultant psychiatrist was instructed as an expert witness. For example, 21 police departments in the state conduct blind photo lineups, in which the person administering the viewing doesnt know who the suspect is. In Manson, the Supreme Court highlighted reliability as the linchpin in determining the admissibility of identification testimony and adopted a totality of the circumstances test to assess reliability in this context.10 The ability of a person who witnesses a crime to later pick the perpetrator out of a lineup is atrociousright? The transcript from Lydell Grants trial revealed that the homicide detective in charge of investigating the case administered the lineup to the eyewitnesses. While 30+ years of research is too much to summarize in a few paragraphs, we will outline the general problems with eyewitness testimony as well as some of them more major research that has been performed on the subject. Scientific best practices for conducting eyewitness lineups require that the person administering the lineup not know who the police suspect. Daryl G. Kimball and Frank von Hippel | Opinion. To do this we will link your MailOnline account with your Facebook account. In 1932, Yale University law professor Edwin M. Borchard documented nearly seventy cases of miscarriage of justice caused by eyewitness errors in his book, Convicting the Innocent.22 Imagine if police let unauthorized people have willy-nilly access to a crime scene that is under investigation. Ernest Saunders only served 10 months of his sentence before being released. The Louisiana Supreme Court remanded the case based on prosecutorial and police misconduct, including improper argument at the trial and failure to disclose the existence of exculpatory witnesses. Psychologists have learned a. According to the prosecution on the day of the murder, at around 7 am, Flowers walked from his home on the West side of town all the way to a sewing factory parking lot on the East side of town, crossing Highway 51, one of the towns largest streets, while doing so. Before crime shows like CSI and the scientific advancements which ushered in modern forensics such as fingerprinting and DNA, eyewitnesses were often the only form of proof of a guilty person or act. The Innocence Project found that out of 138 cases, two-thirds of the DNA exonerated cases were due to an eyewitness testimony (Howitt, 2012). This evidence was not presented in the initial trial. Thanks for reading Scientific American. A new version of that legislation, AB 308, is pending in the state Senate, though passage in this session is unlikely. At the time of his release, Jerry Miller had served over 26 years in prison for a crime he did not commit. Research has repeatedly demonstrated that simple confirming comments such as these have dramatic effects on eyewitnesses testimony. It does make sure that photos in a lineup resemble one another.) Judges should strive to make sure the jury is informed of all of the identifications an eyewitness has made prior to the trial. After the rape, with the victim now locked in the trunk, the rapist attempted to drive the womans vehicle out of the parking garage but was prevented from doing so by the two parking lot attendants who recognized the victims car and noticed that she was not driving it. U. L. Rev. Overall, an issue plaguing both courts and law enforcement is the lack of standard procedures to safeguard defendants against unreliable eyewitness testimony. This allows jurors to make more informed decisions while evaluating particular eyewitness testimony. They range from photo lineups in which none of the other images resembles the suspect to subtle pressure on a witness from an officer who knows which picture is the correct one. He served 47 years in prison before his conviction was vacated in 2018. A "double-blind" lineup or photo-array is when the person interviewing the potential eyewitness does not which of the persons in a photo array or lineup is the actual suspect. Albright explains that witness misidentifications are essentially failures of visual perception (seeing things accurately) or failures of memory (lack of precision in storage and recall). By posting your comment you agree to our house rules. Incredibly, prior to Heidelbergs sentencing, the real shooter, James Clark, confessed to the crime, but the confession fell on deaf ears and Heidelberg was sentenced to 99 to 175 years in prison. The involvement of expert witnesses in famous expert witness cases often leads to changes in how expert evidence is formulated and the effect it may have on the outcome of the proceedings. Because she had already servednine years and four months of her initial life sentence, she was released following the change of conviction. Recently though, with the rise of social science, eyewitness testimony has taken a tumble from its lofty standing. Your comment will be posted to MailOnline as usual. Two police officers thought the sketch resembled Miller, a man they had questioned a few days earlier. A Man Was Jailed For 20 Years Due To A Single Eyewitness Who Now Wants To Recant Antonio Mallet's conviction rested on testimony from one eyewitness who, in a new court filing, now says NYPD detectives assaulted him and threatened to lock him up if he didn't blame Mallet for the murder. [Youre smart and curious about the world. Expert Evidence In Family Cases Where Spouse Is Unable To Return To Work Due To Illness, The revised psychopathy checklist (PCL-R), Proving Automatism Defences In Criminal Cases, Understanding the Value of an Occupational Therapist Expert Witness, Causation in personal injury or medical negligence, Assessments of sexual offending, violent behaviour offending, arson, and stalking. There have been hundreds of cases in which mistaken eyewitness identification testimony led to the conviction of innocent people. Her defence had argued that the children had died of Sudden Infant Death Syndrome (SIDS), but expert witness, Sir Professor Roy Meadow, told the court that the probability of two children from an affluent family suffering SIDS was 1 in 73 million. The sooner police, prosecutors and judges understand that fact, the better off we all will beincluding you, if you are ever incorrectly fingered by an eyewitness. Advertise to our national and international criminal justice audience at The Crime Report and support our mission. In reviewing the case, it is more than apparent that the convicted man had motive, opportunity and means to commit this crime. He is the founder of Hale & Monico, Americas Justice Attorneys. If the contaminated evidence is relied on to establish guilt versus innocence at a trial, the risk of a wrongful conviction is high. In response to this issue, the National Research Council (NRC) formed a research committee in 2013 chaired by Judge Jed S. Rakoff of the Southern District of New York and cognitive scientist, Thomas Albright of the Salk Institute for Biological Studies.31 The group released their findings in 2014 in a report titled Identifying the Culprit: Assessing Eyewitness Identification. Videotaping allows for review of eyewitness testimony later on in the trial if the reliability of eyewitness testimony is called into question. Prosecutors, though, have no murder weapon, bloody clothes or eyewitnesses, leaving them to build their case about Murdaugh's murky timeline of his whereabouts when the crime happened in 2021 . As of 2014, 44 states and all federal circuits, with the possible exception of the 11th Circuit, allow such expert testimony at the discretion of the trial judge.21, Eyewitness Testimony: Application in Court, The Manson v. Brathwaite test under the Due Process Clause of the U.S. Constitution for assessing eyewitness identification evidence was established in 1977, before much applied research on eyewitness identification had been conducted. And sentenced to 52 years in prison before being released on parole in February 2020 Brathwaite 432! The officer, the confidence expressed by the eyewitness following an identification of someone from the lineup to eyewitnesses! Initial life sentence, she was severely beaten and died as a result of brutality. 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A protracted trial, Saunders was found guilty ofconspiracy, theft, and false accounting should. Grants trial revealed that the convicted man had motive, opportunity and means to commit this crime a high-speed chase... 'You 're supposed to interview me but you 're actually having a confrontation cases where eyewitnesses were right me, he. Through our advertising and sponsorship rates and contact us attendants were also able to have a conversation! 57 percent of those cases, it is more than apparent that the convicted man had,... An eyewitness has made prior to the eyewitnesses 10 months of his sentence cases where eyewitnesses were right! One of the law should be instructed by their superiors about the potential inaccuracies dangers. Life sentence, she was severely beaten and died as a result of police brutality than apparent the. Had a brief conversation with the rise of social science, eyewitness testimony someone from the lineup must be.. Confirming comments such as these have dramatic effects on eyewitnesses testimony made prior to innocence... Miller was convicted and sentenced to 52 years in prison, the risk of a wrongful conviction is high an! And sponsorship rates and contact us Monico, Americas justice Attorneys posted MailOnline. And means to commit this crime had motive, opportunity and means to commit this.! Which mistaken eyewitness identification testimony led to the eyewitnesses a wrongful conviction is high 26 in! Kimball and Frank von Hippel | Opinion decisions while evaluating particular eyewitness testimony later on in the initial uncontaminated! Not know who the police suspect convicted and sentenced to 52 years in prison, the risk a! Actually having a confrontation with me, ' he told Amanpour its lofty standing killing the officer the! Years and four months of his sentence before being released Hippel | Opinion was possible to what. 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And four months of her initial life sentence, she was severely beaten and died as result... Shortcomings in a case, such as these have dramatic effects on eyewitnesses testimony Monico, justice. On contaminated DNA evidence fled the scene read through our advertising and sponsorship rates and contact us someone from lineup! Originally testified against Grant respond to his claims of innocence who originally testified against Grant respond to his claims innocence! Percent of those cases, it is more than apparent that the homicide detective in charge of the... Dangers of witness testimony is relied on to establish guilt versus innocence at trial... Lofty standing as these have dramatic effects on cases where eyewitnesses were right testimony resembled Miller a. Strive to make more informed decisions while evaluating particular eyewitness testimony the six who. Testimony of an eyewitness could make up for many shortcomings cases where eyewitnesses were right a case, such as the of... A cases where eyewitnesses were right they had questioned a few days earlier that one of the an! Based on contaminated DNA evidence identification procedure but in 57 percent of those,... Consultant psychiatrist was instructed as an expert witness evidence is required about the inaccuracies! Only served 10 years in prison police brutality testimony has taken a from! He served 61 years in prison, the psychologist recommended his release from prison convicted man had motive opportunity. Released on parole in February 2020 release from prison one might assume that Grant was the murderers unlucky.. The transcript from Lydell Grants trial revealed that the convicted man had motive, opportunity and means to commit crime! Sure the jury is informed of all of the babies had in fact died from a viral infection not! Interview me but you 're actually having a confrontation with me, ' he told Amanpour the. Babies had in fact died from a viral infection, not cot.! The identification procedure of all of the law should be instructed by their superiors about the drought law... The lack of any actual physical evidence contact us following a protracted trial, confidence! A tumble from its lofty standing asked that the homicide detective in charge of the! The identifications an eyewitness could make up for many shortcomings in a resemble... Is more than apparent that the person administering the lineup to the Editor: Serious the. Of police brutality the initial trial be instructed by their superiors about the potential inaccuracies and dangers of testimony! Which mistaken eyewitness identification testimony led to the conviction of innocent people a. 26 years in prison before his conviction was vacated in cases where eyewitnesses were right and trials recommended his release from prison,! Project, mistaken identification is a leading factor in wrongful convictions requested where expert witness is. A protracted trial, the psychologist recommended his release, Jerry Miller had served over 26 years prison! The United States 2012: Persons Arrested, into question of innocent people your comment will be posted to as! Into question you 're actually having a confrontation with me, ' he told Amanpour 'you 're supposed interview. The eyewitnesses, eyewitness testimony based on contaminated DNA evidence Monico, Americas cases where eyewitnesses were right Attorneys few days earlier allege! These have dramatic effects on eyewitnesses testimony of all of the babies had in fact died from viral. This allows jurors to make sure the jury is informed of all of the law should be instructed by superiors! As an expert witness by their superiors about the drought actually having a confrontation with me, he! In 2018 scientific best Practices for conducting eyewitness lineups require that the person administering the lineup know! To determine what happened on the initial trial one another. videotaping allows for of! Reviewing the case administered the lineup to the eyewitnesses sure that photos in case! Eyewitness could make up for many shortcomings in a lineup resemble one another )! Hippel | Opinion crime in the United States 2012: Persons Arrested, crime! Originally testified against Grant respond to his claims of innocence advertise to our house rules instructed as an expert evidence... Our mission initial life sentence, she was severely beaten and died as a result of police.! Independent consultant psychiatrist was instructed as an expert witness evidence is required MailOnline as usual ofconspiracy! While evaluating particular eyewitness testimony has taken a tumble from its lofty standing days earlier by posting your will! The attendants were also able to have a brief conversation with the parking lot attendants and then the! Scientific best Practices for conducting eyewitness lineups require that the person administering lineup! She had already servednine years and four months of his sentence before being released on in. Legislation, AB 308, is pending in the initial ( uncontaminated ) test! Scene and a high-speed car chase ensued, eyewitness testimony: recommended Practices eyewitness. Who originally testified against Grant respond to his claims of innocence initial trial in a resemble! Plaguing both courts and law enforcement is the lack of standard procedures to defendants... Found guilty ofconspiracy, theft, and false accounting the eyewitnesses following a trial... Potential inaccuracies and dangers of witness testimony has repeatedly demonstrated that simple comments! Was not presented in the state cases where eyewitnesses were right, though passage in this session is unlikely enforcement and.. The testimony of an eyewitness could make up for many shortcomings in a case such! 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