Wrongful Convictions and Dna

Eye Witness Memory and Identification

In the contemporary legal environment, an eyewitness plays a critical role in the legal system. A correct eyewitness identification has helped in advancing an investigation, and can be used to solve a complex case. Despite the importance of eyewitness identification in a legal system, eyewitness misidentification is being identified as the contributing factor to wrongful convictions based on the DNA testing. Typically, the eyewitness misidentification leads to 70% of wrongful convictions based on the DNA evidence in the United States. In cases after cases, it has been proven by the DNA that eyewitnesses are mostly inaccurate. For example, a review of 311 cases reveals that 73% of the convictions have been due to the eyewitness errors leading to wrongful convictions. Evidence have also revealed that eyewitness identifications can sway strong alibis, juries and police. Unfortunately, the memory of some eyewitnesses is either unable to recall events, or cannot recollect events accurately. One of the major factors affecting eyewitness identification is the eyewitness age. For example, the ability of young children and older adults identifying a suspect correctly is challenging. Moreover, alcohol and drug intoxicating level of an eye witness can impair a correct identification. For example, the high or moderate level of alcohol intoxication is associated with a false identification. Some eyewitnesses who attempt to identify another race often show bias towards other ethnic groups often leads to incorrect eyewitness identifications. The length of the distance from the incident also affects a correct identification. Moreover, penetrators appearance at the time of incident affects a correct identification because some penetrators often disguise their faces during the incidents.

The objective of this study is to explore the Eye Witness Memory and Identification.

2. Literature Review

Hope, & Sauer, (2014) suggest that eyewitness misidentification is the critical factor that leads to a wrong conviction. The authors arrive at the conclusion by using the DNA evidence of 311 cases, and the results reveal that over 75% of the eyewitnesses of the cases are disputed or inaccurate. These misidentifications often lead to a wrongful conviction because the investigators and jurors fail to take note of likelihood of eyewitness errors. The authors recommend different strategies of preventing wrongful conviction. First, it is very critical for the criminal justice not to rely entirely on the evidence of the eyewitness before convicting a suspect because the DNA evidence has revealed that 75% of eyewitness identification have led to wrongful convictions. (Green, 2013). It is very critical for jurors to consider other evidence in a combination of eyewitness identification before convicting a suspect. In the case where there is no alternative evidence to use in the courtroom, the jurors and investigators must consider the witness age and memory retention before considering the eyewitness identification as an evidence. It is very critical for the investigators to test the memory of eyewitness to evaluate their ability to recall events.

Arkowitz & Lilienfeld, (2010) use the case of a man wrongful convicted of the rape as an evidence of the case of wrongful identification. In 1984, the court convicted Kirk Bloodworth for the rape and murder of 9-year-old girl, and the suspect was being sentenced to life imprisonment after the testimony of 5 eyewitnesses. After serving 9 years in prison, the DNA testing proved that Bloodworth was innocent. Typically, such devastating errors are common in the United States. When DNA testing of evidence was introduced in the 1990s, it was revealed that more than 73% of the 239 convictions in the United States were overturned revealing that the eyewitnesses should not be considered as solid evidence for convictions.

The authors demonstrate how witnesses could be wrong. Typically, an eyewitness identification involves lining up the alleged penetrators. After selecting a suspect, the police ask the eyewitness to make a formal written statement confirming the identification, and they will recall other information surrounding the events. However, it may take years before the eyewitness is asked to testify in court. Some individuals with psychological disorders that include substance dependence and antisocial personality disorder have a high risk of criminal involvement thereby having the ability to give a false eyewitness identification.

Malpass, R.S. & Topp, L.D. (2005) support the arguments of other authors by pointing out that eyewitness memory can be fragile based on the attributes of some eyewitnesses. The authors argue that fear and stress can affect the likelihood of an eyewitness to make a false identification. Moreover, when the weapon is used at the scene of the events, the likelihood of an eyewitness to recollect events declines. Thus, the authors suggest using several co-witnesses and other variables before courts make a decision on convictions.

Research Question

• Can eyewitness memory factors be taken into the consideration when making a plea bargaining decision in the courtroom?

Evidence have revealed that eyewitness memory can affect the eyewitness identification because the DNA has overturned more can 70% of eyewitness identifications.