Judicial Instructions And Expert Testimony Regarding Eyewitness Accuracy
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Expert Testimony on the Psychology of Eyewitness Identification by Brian L. Cutler Pdf
Eyewitness testimony is highly compelling in a criminal trial, and can have an indelible impact on jurors. However, two decades of research on the subject have shown us that eyewitnesses are sometimes wrong, even when they are highly confident that they are making correct identifications. This book brings together an impressive group of researchers and practicing attorneys to provide current overviews and critiques of key topics in eyewitness testimony.
National Research Council,Division of Behavioral and Social Sciences and Education,Committee on Law and Justice,Policy and Global Affairs,Committee on Science, Technology, and Law,Committee on Scientific Approaches to Understanding and Maximizing the Validity and Reliability of Eyewitness Identification in Law Enforcement and the Courts
Author : National Research Council,Division of Behavioral and Social Sciences and Education,Committee on Law and Justice,Policy and Global Affairs,Committee on Science, Technology, and Law,Committee on Scientific Approaches to Understanding and Maximizing the Validity and Reliability of Eyewitness Identification in Law Enforcement and the Courts Publisher : National Academies Press Page : 170 pages File Size : 46,5 Mb Release : 2015-01-16 Category : Law ISBN : 9780309310628
Identifying the Culprit by National Research Council,Division of Behavioral and Social Sciences and Education,Committee on Law and Justice,Policy and Global Affairs,Committee on Science, Technology, and Law,Committee on Scientific Approaches to Understanding and Maximizing the Validity and Reliability of Eyewitness Identification in Law Enforcement and the Courts Pdf
Eyewitnesses play an important role in criminal cases when they can identify culprits. Estimates suggest that tens of thousands of eyewitnesses make identifications in criminal investigations each year. Research on factors that affect the accuracy of eyewitness identification procedures has given us an increasingly clear picture of how identifications are made, and more importantly, an improved understanding of the principled limits on vision and memory that can lead to failure of identification. Factors such as viewing conditions, duress, elevated emotions, and biases influence the visual perception experience. Perceptual experiences are stored by a system of memory that is highly malleable and continuously evolving, neither retaining nor divulging content in an informational vacuum. As such, the fidelity of our memories to actual events may be compromised by many factors at all stages of processing, from encoding to storage and retrieval. Unknown to the individual, memories are forgotten, reconstructed, updated, and distorted. Complicating the process further, policies governing law enforcement procedures for conducting and recording identifications are not standard, and policies and practices to address the issue of misidentification vary widely. These limitations can produce mistaken identifications with significant consequences. What can we do to make certain that eyewitness identification convicts the guilty and exonerates the innocent? Identifying the Culprit makes the case that better data collection and research on eyewitness identification, new law enforcement training protocols, standardized procedures for administering line-ups, and improvements in the handling of eyewitness identification in court can increase the chances that accurate identifications are made. This report explains the science that has emerged during the past 30 years on eyewitness identifications and identifies best practices in eyewitness procedures for the law enforcement community and in the presentation of eyewitness evidence in the courtroom. In order to continue the advancement of eyewitness identification research, the report recommends a focused research agenda. Identifying the Culprit will be an essential resource to assist the law enforcement and legal communities as they seek to understand the value and the limitations of eyewitness identification and make improvements to procedures.
How Can So Many Be Wrong? by Margaret A. Hagen,Sou Hee (Sophie) Yang Pdf
Of the 347 U.S. false criminal convictions overturned so far through DNA testing, 73 percent were based on erroneous eyewitness testimony. How could so many eyewitnesses be wrong? This book answers this question. The analysis of the U.S. Supreme Court eyewitness cases shows that most of the Court’s holdings were likely in error. The Court—like the judges and juries in the courts below—greatly overestimated the reliability of eyewitnesses against the defendants and decided their convictions based on unsound evidence. The facts of the cases and personalities of the defendants are engaging and compelling. An expert is needed to inform the judge and the jury of the circumstances to consider when weighing the testimony of the witness against the facts of the case. It is a clear violation of Due Process to deny the defendant the provision of an expert witness in all cases where the eyewitness testimony lacks corroboration. Research assessing both cross-examination and jury instructions makes it abundantly clear that neither can effectively provide courts with the counterintuitive information necessary to evaluate eyewitness reliability: denial of an expert is denial of Due Process.
Author : Brian L. Cutler,Steven D. Penrod Publisher : Cambridge University Press Page : 306 pages File Size : 52,6 Mb Release : 1995-08-25 Category : Law ISBN : 0521445728
By shedding light on the many factors that can intervene and create inaccurate testimony, Elizabeth Loftus illustrates how memory can be radically altered by the way an eyewitness is questioned, and how new memories can be implanted and old ones changed in subtle ways.
Advances in Psychology and Law by Monica K. Miller,Brian H. Bornstein Pdf
This volume consists of up-to-date review articles on topics relevant to psychology and law, and will be of current interest to the field. These topics are currently attracting a great deal of research and public policy attention in the U.S. and elsewhere and will be relevant to researchers, clinical practitioners, and policy makers. Topics include: attitudes toward police (Cole et al.), accuracy of memory for child sexual abuse (Goldfarb et al.), the use of interpreters in investigations (Goodman-Delahunty et al.), adjustment of former prisoners post-exoneration (Kirshenbaum et al.), psychological implications for gun policy (Pirelli et al.), ability to match people with images from ID cards and video (Rumschik et al.), judicial instructions on eyewitness evidence (Skalon et al.), social science of the death penalty (West et al.), and informant testimony (Wetmore et al.).
Forensic Psychology and Law by Ronald Roesch,Patricia A. Zapf,Stephen D. Hart Pdf
Praise for Forensic Psychology and Law "In Forensic Psychology and Law, three internationally known experts provide exceptional coverage of a wide array of topics that address both the clinical applications of forensic psychology and the role of psychological science in understanding and evaluating legal assumptions and processes." —Norman Poythress, PhD, Research Director and Professor, Louis de la Parte Florida Mental Health Institute, Dept. of Mental Health Law and Policy "Forensic Psychology and Law is a major contribution to the teaching of law and psychology. Roesch, Zapf, and Hart offer a timely, comprehensive, and succinct overview of the field that will offer widespread appeal to those interested in this vibrant and growing area. Outstanding." —Kirk Heilbrun, PhD, Professor and Head, Department of Psychology, Drexel University "In this volume, three noted experts have managed to capture the basic elements of forensic psychology. It is clearly written, well organized, and provides real world examples to hold the interest of any reader. While clarifying complex issues, the authors also present a very balanced discussion of a number of the most hotly debated topics." —Mary Alice Conroy, PhD, ABPP, Psychological Services Center, Sam Houston State University A Comprehensive, Up-to-Date Discussion of the Interface Between Forensic Psychology and Law Forensic Psychology and Law covers the latest theory, research, and practice in the field and provides thought-provoking discussion of topics with chapters on: Forensic assessment in criminal and civil domains Eyewitness identification Police investigations, interrogations, and confessions Correctional psychology Psychology, law, and public policy Ethics and professional issues
Expert Psychological Testimony for the Courts by Mark Costanzo,Daniel Krauss,Kathy Pezdek Pdf
During the past two decades, the frequency and range of expert testimony by psychologists have increased dramatically. Courts now routinely hear expert testimony from clinical, cognitive, developmental, and social psychologists. Expert Psychological Testimony for the Courts provides a comprehensive, research-based analysis of the content, ethics, and impact of expert testimony. This book features leading scholars who have contributed to the scientific foundation for expert testimony and who have also served as expert witnesses. The opening chapter explores issues surrounding the admissibility of expert testimony, and the closing chapter explores the ethics and limits of psychological testimony. Each of the intervening chapters focuses on a different area of expert testimony: forensic identification, police interrogations and false confessions, eyewitness identification, sexual harassment, mitigation in capital cases, the insanity defense, battered women, future dangerousness, and child custody. These chapters describe the typical content of expert testimony in a particular area, evaluate the scientific foundation for testimony, examine how jurors respond to expert testimony, and suggest ways in which legal standards or procedures might be modified in light of psychological research. This groundbreaking book should be on the shelf of every social scientist interested in the legal system and every trial attorney who is likely to retain a psychologist as an expert witness. It can also serve as a text for advanced courses in psychology, legal studies, criminal justice, law, and sociology.
Author : Elizabeth F. Loftus,James M. Doyle Publisher : Kluwer Law International Page : 414 pages File Size : 49,7 Mb Release : 1987 Category : Law ISBN : UCAL:B4279716
Eyewitness Testimony by Elizabeth F. Loftus,James M. Doyle Pdf
By shedding light on the many factors that can intervene and create inaccurate testimony, Elizabeth Loftus illustrates how memory can be radically altered by the way an eyewitness is questioned, and how new memories can be implanted and old ones changed in subtle ways.
Handbook Of Eyewitness Psychology 2 Volume Set by Michael P. Toglia,J. Don Read,David F. Ross,R.C.L. Lindsay Pdf
The Handbook of Eyewitness Psychology presents a survey of research and legal opinions from international experts on the rapidly expanding scientific literature addressing the accuracy and limitations of eyewitnesses as a source of evidence for the courts. For the first time, extensive reviews of factors influencing witnesses of all ages – children, adults, and the elderly – are compiled in a single pair of volumes. The disparate research currently being conducted in eyewitness memory in psychology, criminal justice, and legal studies is coherently presented in this work. Volume 1 covers memory for events. Volume 2 cover memory for people.
The Handbook of Eyewitness Psychology: Volume II by R.C.L. Lindsay,David F. Ross,J. Don Read,Michael P. Toglia Pdf
The Handbook of Eyewitness Psychology presents a survey of research and legal opinions from international experts on the rapidly expanding scientific literature addressing the accuracy and limitations of eyewitnesses as a source of evidence for the courts. For the first time, extensive reviews of factors influencing witnesses of all ages-chil
Forensic Psychology by David A. Crighton,Graham J. Towl Pdf
Updated to reflect recent changes in the field, the 2nd Edition of Forensic Psychology presents a comprehensive overview of forensic psychology and its applications in the civil and criminal justice systems of the UK. Builds on the first edition to convey material in an engaging manner to postgraduate students in psychology Includes a significant expansion of pedagogical features, including text boxes highlighting key seminar issues and key debates in the field to further group discussion Provides an up-to-date summary of emerging evidence in the field, and its implications for evidence based practice Points to additional online learning resources at the conclusion of each chapter
Instructions, Verdicts, and Judicial Behavior by Robert M. Krivoshey Pdf
First Published in 1994. Volume 4 in the 4-volume anthology of scholarly articles titled Readings in Trial Advocacy and the Social Sciences; a series seeking to increase our understanding of courtroom dynamics. This fourth volume consists of six jury instructions, six verdicts and two articles on judicial behaviour. These collection raises issues ranging from ability of jurors to understand judicial instructions to the ability of attorneys to predict the outcome of pending litigation.
