This website uses cookies to ensure you have the best experience. Learn more

Let’s Abandon Or Strictly Regulate Eyewitnesses Testimony In Criminal Trials

3927 words - 16 pages

Let’s Abandon or Strictly Regulate Eyewitnesses Testimony in Criminal Trials

David S. Smith

Behavioral Issues

Mike Eagen, MA

November 24, 2007

Let’s Abandon or Strictly Regulate Eyewitnesses Testimony in Criminal Trials

View: Eyewitness testimony is destroying our Criminal Justice System.

I. Get the facts: Eyewitness testimony is falsely incriminating people.

A. The legal profession well aware of eyewitness inconsistencies.

B. Eyewitness testimony has been removed from some foreign courts during criminal trials.

II. Establishing burden of proof.

A. What is evidence?

B. Who can testify?

C. Some problems associated with ...view middle of the document...

474-77). Research indicates that people will remember the same event differently, or that leading questions or presuppositions can often lead their memory in a different direction. Based upon research, when asked how “big” something is, people will typically remember an object as being bigger than it really was, as opposed to asking how “small” something is, in which case, people will respond by remembering something smaller than it was (Reich, 1993, pp.394-402).
There are all types of research that indicates eyewitness testimony as being heavily flawed or inconsistent. The judges and lawyers that are entrusted to make the system work sometimes either allow this to happen or try and use it to their advantage anyway they can. Why does American Evidence Law continue to allow eyewitness testimony to be such an overwhelming factor in establishing burden of proof? The rules of evidence vary throughout the world. In Great Britain, evidence law closely resembles its American descendant because the trial court practices remain nearly identical. Canada and Australia’s evidence laws are similar to the British. There is no jury trial in Western Europe. Across Europe witnesses are questioned by the judges rather than lawyers, to minimize disputes about what questions are permissible. In Eastern Europe judicial procedures resemble that of Western Europe. American evidence law stems from historic English practices derived from the precedent of judicial decisions. Although U.S. Federal courts and most states now have written codes, many rules for criminal cases still are found only in judicial interpretations of the U.S. Constitution. Anglo-American evidence law contains more detailed rules of proof than do other legal systems. This is largely attributable to the historic practice of trial by jury (G. Robert Blakey, 1994, pp. 1-7).
Evidence is defined as all means by which any alleged matter of facts is established or disapproved. It includes testimony, records, documents, objects, etc., that can be legally presented at trial for the purpose of inducing a belief in the minds of the court and jury as to the truth of the issue involved. Proof is the effect of evidence as it is derived from considering evidence and leads reasonable men to conclusions. Evidence is classified into three general categories; direct, circumstantial and real evidence. Direct evidence tends to show the existence of the facts in question which a witness knows of his own knowledge derived through one or more of his five senses-what he saw, heard, smelled, felt or tasted. Circumstantial evidence is that evidence that in itself does not directly prove the fact in issue, but establishes a certain fact or series of facts, which tend to prove certain elements of the case or question. Real evidence is furnished by objects which speak for themselves and require no explanation, merely identification. Real evidence may consist of a bloody shirt, weapon, tool or any other...

Other Papers Like Let’s Abandon or Strictly Regulate Eyewitnesses Testimony in Criminal Trials

Hair Banding: Casey Anthony Case Essay

973 words - 4 pages certain actions illegal and punishable by fines or imprisonment. Accordingly, the case of Casey Anthony falls under the criminal and as such, the forensic evidence gathered from the trunk of her car makes her criminally reliable, as the said evidence is admissible in the court of law. The forensic experts from the Federal Bureau of Investigation (FBI) examined a band of hair recovered from her vehicle, which exposed evidence of apparent

Sabbath School Script Essay

568 words - 3 pages the church secretary. You will be schedule once your testimony is chosen to be featured in our Sabbath school program. ------------------------------------------------- Worship Leader 2: Thank you so much for the announcements. Let’s now give the time to ____________ for today’s testimony ------------------------------------------------- (Testimony) ------------------------------------------------- Worship Leader 1: Thank you for that

Trial Analysis

721 words - 3 pages The procedures that are followed in the criminal trials today have been carefully fine tuned throughout history. The consistent set of procedures is followed by both the federal and state governments and is designed to provide a fair trial for the defendant. Procedure begins with the opening statements and ends with a verdict. In this paper, those procedures and all the ones that fall in between will be discussed. Opening statements begins a

When the Lawyer Knows the Client Is Guilty

3044 words - 13 pages criminal defense lawyers. I’m going to straddle the two by taking an optional but not mandatory weak adversarial position. i. Perjury: The problem of what the lawyer should do when the client insists on committing perjury in direct testimony rarely comes up in practice because criminal defense lawyers take care not to elicit a client’s confession, so they don’t know for sure the client will be lying.. Withdrawal from representation does not solve

Death Penalty

832 words - 4 pages or prosecutors. In addition, murders frequently lack eyewitnesses, forcing the prosecutors to use less reliable sources for evidence. Because of these high risks there have been recent cases of mistaken execution or conviction. Leo Jones was convicted of murdering a police officer in Jacksonville, Florida on March 28, 1998.(Mistakes thedeathpenaltyinfo.org) Jones signed a confession after hour of interrogation, but he later claimed the

Forensic Psychology: Information Recall / Eyewitness Testimony

2753 words - 12 pages valid and could be a tarnished or coerced account of events. Eyewitness testimony can also be argued that a person’s memory when the criminal goes to trial a year or even six months from the time of the event can change and the person may or may not remember the events that occurred that day. A person may be able to tell the police in that moment what they saw however in a week, six months, a year or even longer may not be able to tell the

Cyber Crime in the World

1824 words - 8 pages to enable businesses and individuals to protect themselves from the ever-increasing amount and range of cybercrime is by education of future computing professionals (p229). As a result of the introduction of computers, society has climaxed in technological progressions more so in the last fifty years than in any other period of history. In one way or another, everyone’s daily activities are shaped by computers. With computers things that

Criminal Justice

1283 words - 6 pages defendant. Courts are run by judges who role is to uphold the law. Judges decide whether to release offenders or have a trial. Judges can accept or deny plea agreements, oversee trials, and sentence offenders. Correction officers supervise convicted criminals in jail, prison, or in community on probation or parole. Criminal law is codes, statues, and rules that prohibit certain conduct by regional, state, and federal government. When a person

Post-Conviction Dna Policy in Criminal Investigations

964 words - 4 pages Post-Conviction DNA Policy in Criminal Investigations In most legal systems around the world, the courts have convicted many innocent people due to their legal procedure and laws. Wrongful conviction refers to a miscarriage of justice by convicting or punishing individuals for crimes they did not commit. Similarly, the application of the term may be useful in another direction; civil cases and errors of impunity. Many criminal justice

Children's Reliablity In Court

2175 words - 9 pages children (5 to 8 years old). Taking these factors into account in future court cases with children as eyewitnesses will ensure the best possible reliability in children's statements. The number of children as eyewitnesses is ever-growing and therefore child eyewitnesses are more involved in the field of legal testimony (Flin, Boon, Knox, & Bull, 1992). Due to this greater involvement, it is frequently questioned whether children are able to

Dystonia Global Clinical Trials Review, H1, 2016

1252 words - 6 pages across the globe. Clinical trials database undergoes periodic update by dynamic process. The report enhances the decision making capabilities and helps to create an effective counter strategies to gain competitive advantage. *Note: Certain sections in the report may be removed or altered based on the availability and relevance of data for the indicated disease. Scope – The report provides a snapshot of the global clinical trials

Related Essays

"An Individual's Interaction With Others And The World Around Them Can Enrich Or Limit Their Experience Of Belonging." Strictly Ballroom And Caught In The Crowd

1094 words - 5 pages accept or at least acknowledge it. Strictly Ballroom positions the audience to think of Fran and Scott as the underdogs after many rough starts and towards the end repositions them to feel in awe of the ‘ugly duckling’ as Fran spreads her wings and lives up to her potential in the final dance with her less-than-traditional partner. The viewers are engaged throughout the whole film with the slapstick comedy and feels empathy for the young dancers. We

Juveniles Trial Essay

1076 words - 5 pages EYEWITNESS TESTIMONY SHOULD NOT BE USED AS RELIABLE EVIDENCE IN COURT Eyewitness testimony can play a big part in criminal court cases. Whether or not a person is convicted of a crime can come down to the reliability of an eyewitness. However, eyewitness accounts aren't always accurate. In fact, in a statistical data, about wrongful convictions in the United States, showing that mistaken identifications are the leading cause of wrongful

Courtroom Psychology Essay

2328 words - 10 pages case through the prism of their experiences and beliefs.” (Gabriel, p.730). This phenomenon appears to be more prevalent in high profile cases as jurors then have a chance to hear, read, and see information reported by the media regarding the case. If a juror has had a negative experience with the police, that juror may be less willing to trust the testimony or actions of the police department in a criminal trial. Other such life

Article Review Of ‘Distorted Retrospective Eyewitness Reports

570 words - 3 pages immediately or after a period of time. In this study, witnesses viewed a crime video and attempted to identify the culprit from a group line-up that did not actually have the culprit present. 253 mistaken-identification eyewitnesses were randomly given confirming, disconfirming, or no feedback regarding their description of the culprit or the culprit’s identification. The feedback process was either immediate or delayed for 48 hours, and measures