Published: 00:56 EST, 2 March 2023 | Updated: 01:01 EST, 2 March 2023. It comes just two days after diplomats walked out of a speech given by the Iranian minister to the UN's Human Rights Council in Geneva. Judges should strive to make sure the jury is informed of all of the identifications an eyewitness has made prior to the trial. Historically, eyewitness testimony has been in use not only in the United States and our penal system but all around the world. Thanks for reading Scientific American. The case shed renewed light on the country's treatment of women, with a growing number of female Iranians choosing to flout the Sharia-based law to wear the hijab. After killing the officer, the shooter fled the scene and a high-speed car chase ensued. Advertise to our national and international criminal justice audience at The Crime Report and support our mission. Alex Murdaugh's defense attorneys will deliver their closing arguments in his murder trial on Thursday as they seek to raise reasonable doubt about whether he killed his wife and son in 2021. The puzzling question in this case, though, is why did six eyewitnesses independently identify Lydell Grant as the killer and then confidently testify in court? Expert witnesses are often instructed in cases where expert evidence is necessary to enable the court to understand specific issues, such as capacity, intent, causation etc. His doctors maintained that he was suffering from pre-senile dementia, and he couldnt remember three numbers backwards or the name of the US president. A neurologist also claimed that Saunders brain was small for a man his age and showed evidence of shrinking. Of course, he knew that Lydell Grant was the one under suspicion. Police lineups have evolved over time, but some states still need to catch up. Hale is an Emmy-nominated executive producer for several true-crime documentaries highlighting wrongful convictions. 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. Renowned Expert witnesses include doctors, psychologists, psychiatrists, social workers, and other professionals who are instructed to give expert opinions in legal proceedings. Instructing an expert witness is not unusualthere are many much-publicised cases where the role of expert evidence has been significant. The NRCs recommendations for law enforcement and judges are below.32. In this case, 120 eyewitnesses from as far north as Grants Pass, Ore., to as far south as. 21 Commonwealth v. Walker, 625 Pa. 450, 47678 (2014). the opportunity of the witness to view the criminal at the time of the crime; the accuracy of the witnesss prior description of the criminal; the level of certainty demonstrated at the identification procedure; and. Several police officers reported and later testified at Heidelbergs criminal trial that they observed him driving the subject vehicle as it sped past them at various points during the chase. 2023 Scientific American, a Division of Springer Nature America, Inc. Despite the frequency of use, we have been confronted as a country with many incredible failures of eyewitness testimony such as misidentifications that led to convictions and sentences of people who were later discovered innocent.1 Science has played no small role: post-conviction DNA profiling made possible by the development of the polymerase chain reaction, which enables amplification of crime-scene DNA to quantities sufficient for forensic analysis have meant that DNA identification is becoming increasingly used even in cases where it was previously not viable: those where we have smaller samples.2 As of now, almost 350 people, many serving long prison sentences, have been exonerated because their own DNA was discovered to be incompatible with evidence long ago collected from the crime scene. Opinion: Why does Mexicos president want to dismantle the democratic system that elected him? Police in some California counties use some of the methods recommended by the New Jersey court and by the California Commission on the Fair Administration of Justice. Jurors trust a confident eyewitness and believe they are telling the truth and that their testimony is accurate [1]. 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. His subsequent return to business raised further questions about the evidence that led to his early release. According to the same theory, 33 years later, in 2002, in an almost inconceivable coincidence, evidence samples from Mixer, Ruelas and Leiterman just happened to be together again in the Michigan State Police Laboratory. The nearly simultaneous analyses of evidence from these three cases in the same crime lab in 2002a reunion, of sorts, among Mixer, Ruelas and Leiterman, who were ostensibly last together on the night of the murder in 1969was either an incredible coincidence or the Mixer evidence was contaminated with DNA from both Leiterman and Ruelas. 'In Iran we had an incident. It is not uncommon for the Parole Board to instruct expert evidence from psychiatrists and psychologists. Moreover, confirmatory feedback can alter witnesses memories of the original crime, making them less able to recognize the actual perpetrator when they see him again. 22 Edwin M. Borchard, Convicting the Innocent: Sixty-Five Actual Errors of Criminal Justice (New York: Garden City Publishing Company, Inc., 1932). This is not always the case. or debate this issue live on our message boards. One reported that he had identified Grant without doubt or hesitation. 'And that's why peaceful protests ended up becoming violent - because of the foreign intervention. Until he was released on parole, the 81-year-old Weger ranked as the second longest-held inmate in Illinois prison system. Pregnant), Left and got about 1-2 blocks away and saw a man running west, away from downtown, it was her neighbor Flowers, Clemy pointed it out to Roy but Roy did not recognize him, Couldnt remember his clothes or shoes, did not describe seeing blood on him, Latarsha, Clemys cousin, remains convinced that Clemy made up the story because she felt pressured by law enforcement and because she might be able to get money Latarsha was also taken by the police at 19 to be asked questions and Johnson implied that she might get some of the reward money (30k) if she corroborated, Saw a man running across the street 1-2 blocks away that day of the murders, he was alone (not with Clemy) and it was earlier in the morning and when he was with Clemy later, they did not see anybody running, Law enforcement came and found Roy and he ended up giving a statement to John Johnson, Was shown Flowers picture (school picture) ONLY Flowers asked if that was the person Roy saw running Roy said no and John Johnson pushed Roy that it was Flowers and that Clemy was with him when it happened eventually Roy said he broke down and agreed to the story because he wanted to get out of there (he was afraid of Johnson), After that, Johnson recorded Clemy telling her story of seeing Flowers running away from downtown. In contrast, a high-confidence ID is highly accurate, a surprising fact that has only recently come to be appreciated by experimental psychologists. The parole board initially approved him for release. Most recently, in 2012, the Supreme Court clarified that the Due Process Clause does not require judges to assess the reliability of eyewitness identifications made under suggestive circumstances when the circumstances are not created by law enforcement officials.15 In other words, in cases where the proffered identification does not result from suggestive police procedure, the judge need not consider whether the identification also passes the second step of the Manson test. Just as double-blind clinical trials in medical studies are intended to prevent patients and doctors expectations from affecting outcomes of the clinical trial, double-blind lineups aim to prevent witnesses and administrators expectations from influencing the outcomes of the identification procedure. What law enforcementand the publicneeds to know. Your comment will be posted to MailOnline as usual. This section will focus on the courts current treatment of eyewitness testimony. As a result, witnesses who have received confirmatory feedback provide testimony that is highly persuasive to jurors. Instrumental to the prosecutions theory was the testimony of at least twelve witnesses, each placing Flowers along a discrete portion of the route he was supposed to have traveled that day. By posting your comment you agree to our house rules. In addition to implementing double-blind lineup procedures, its essential that lineup administrators document eyewitnesses confidence immediately following an identification. 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. To see why, let us revisit those DNA exoneration cases that so often involve eyewitness misidentification. 3 Eyewitness Misidentification. 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. 31 Elizabeth Loftus, Eyewitness Science and the Legal System, 14 Annual Review of Law and Social Science 110 (2018). Marilyn Stowe instructed a pathologist to review the medical notes of both infants. I believe the remaining 25 states should act swiftly to prevent additional miscarriages of justice. Now the influential New Jersey Supreme Court has instructed police and judges to take into account an array of responses that might prevent mistaken identifications. Two police officers thought the sketch resembled Miller, a man they had questioned a few days earlier. Not only do such statements inflate eyewitnesses confidence in the accuracy of their identification, but they lead them to falsely remember having been that confident all along. 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. But faith in eyewitnesses runs so deep that despite the overwhelming proof of Grants innocence, the Texas Court of Criminal Appeals initially refused his exoneration request. Well ask you to confirm this for your first post to Facebook. Blood and fingerprint evidence, per se, would not be deemed unreliable. Just because memory is malleablefor example, it can be contaminated with the trace of an innocent persondoes not mean that it has to be unreliable. Working closely with our specialist human resource colleagues, we offer a holistic advisory and support service for employers encompassing both the legal and people risks of workforce management. Wegers attorneys, Celeste Stack and I, continue to seek to prove Chesters innocence and are seeking to review and analyze the physical evidence and are working to be able to conduct forensic testing on some of that evidence. As with all indeterminate sentences, decisions around release are the sole responsibility of the Parole Board. Editorial: Los Angeles County bus riders get no shelter from the storm, Before and after photos from space show storms effect on California reservoirs, Dramatic before and after photos from space show epic snow blanketing SoCal mountains, Yet more rain expected to hit California in March. Having served 10 years in prison, the psychologist recommended his release from prison. But studies demonstrate that a variety of factors can lead to the misidentification of criminals. But there is more to the story. Arizona State University provides funding as a member of The Conversation US. (The Los Angeles Police Department does not conduct blind photo lineups, nor does it follow the commissions related recommendation that witnesses be shown photos one at a time. This evidence was not presented in the initial trial. In the Miller case, a. In this case, the defendant was charged with first degree murder and the only evidence against him was the testimony of two eyewitnesses. Eyewitness memory is reliable when initially tested using proper procedures, but the legal system nonetheless habitually relies on unreliable (contaminated) eyewitness evidence from later IDs. Out on his porch and saw Flowers walking by that morning. Type above and press Enter to search. In Winona, Mississippi on July 16, 1996, four people were shot and killed at Tardy furniture store. By the way, Weger signed EVERY SINGLE PAGE of the FIRST confession which was transcribed by a court reporter who testified under OATH Weger was not threatened or harmed when he made his damning statement. Imagine if police let unauthorized people have willy-nilly access to a crime scene that is under investigation. Witnesses arent able to tell whether their testimony was influenced in this way. 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. Thirty Years of DNA Forensics: How DNA Has Revolutionized Criminal Investigations. CEN RSS, Chemical and Engineering News, 18 Sept. 2017. 28 Brandon L. Garrett, Convicting the Innocent: Where Criminal Prosecutions Go Wrong 6368 (Cambridge, MA: Harvard University Press, 2011). The same is true of eyewitness memory: memory can be contaminated with the trace of an innocent person, but under proper testing conditions, eyewitness evidence is highly reliable. Confidence reported at trial after the eyewitness has received confirmatory feedback is not. 109, 10910 (2006). Andy Hale is a civil rights attorney, specializing in wrongful convictions in Chicago, Illinois. Noting a victims initial confidence level at the initial identification can be important, so as to track if the witness grows more or less confident with the identification over the course of the trial, which might be an indicator of eyewitness unreliability. The person they think was the perpetrator in fact had nothing to do with the crime. At his criminal trial, both parking lot attendants identified Miller as the perpetrator. Juries should also be informed as to the manner of the identification, the eyewitnesss confidence and other factors that might influence reliability. Judges should continue to allow expert testimony from social scientists on the general reliability of eyewitness testimony, so that jurors are informed about the strengths and weaknesses of eyewitness testimony as a practice. The psychiatrist formed an opinion of her mental state at the time of the homicide. In recent years, more and more jurisdictions have come to accept expert testimony on the reliability of eyewitness identification. Judges should include within jury instructions clear and concise instructions on how to evaluate and make use of eyewitness testimony during their deliberations. Ruling in the case of a man convicted of manslaughter and aggravated assault, the court noted that several variables can produce mistaken eyewitness testimony. 27 The Innocence Project, Eyewitness Identification,. He was sentenced to 30 months 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. However, Solicitor, Marilyn Stowe, had concerns about the expert evidence of Professor Meadow. The murder victims cold case evidence was there because the case had recently been reopened; the 1969 preschoolers DNA sample was there as part of an active murder investigation, and Leitermans DNA sample was there because he had recently been arrested for forging a prescription. Readers speculate why, Letters to the Editor: Serious about the drought? Police said they believed Weger was a suspect in a rape that had occurred a few years earlier. 23 United States v. Wade, 388 U.S. 230, 288 (1967). It is important to strive to continue to conduct social science research on the nature of eyewitness and the efficacy of potential reforms like the ones above in order to create effective safeguards against unreliable eyewitness testimony. Over time, social science experts were soon quick to point out the errors that were likely to occur leading to an erroneous conviction based on faulty eyewitness testimonies.9 In the wake of the Daubert trilogy cases where judges were urged to be active in their gatekeeping role, the courts began developing stringent threshold requirements that had to be met for admission of an eyewitness testimony. It is used to establish facts in a criminal investigation or prosecution. There have been many famous expert witness cases. Expert evidence may be important in determining the right outcome. An Iranian girl passed away and we were all very sorry about that. John Wixted is a Distinguished Professor of Psychology at the University of California, San Diego. Even where a judge determines that a given identification procedure is unnecessarily suggestive, the judge may nonetheless admit the results of the procedure if they are deemed reliable based on these factors.13 In his dissenting opinion, Justice Marshall criticized the Court for ignoring studies showing that unnecessarily suggestive eyewitness identifications had led to erroneous convictions even where such identifications had been deemed reliable.14 Mugshots of Lydell Grant (left, in 2010) and Jermarico Carter (right, in 2007) show the men dont look very similar. But when the witnesses had received a simple reinforcing comment following their identification (Good job, you got the guy), the mock jurors could no longer tell the difference between accurate and mistaken eyewitnesses. The NRC found that police officers and detectives are frequently uninformed of what the best practices concerning gathering eyewitness testimony are. So are The Conversations authors and editors. Its a fact that eyewitnesses make mistakes. Research has repeatedly demonstrated that simple confirming comments such as these have dramatic effects on eyewitnesses testimony. 'Do you ask other countries? You have, Witnesses are Often Wrong: The Case Against Eyewitness ID, Florida City Creates Youth Curfew to Deter Juvenile Crime, Legislator Introduces Laws to Protect Law Enforcement After Temple University Cop is Killed in the Line of Duty, Oversight Report Shows Issues with DOJ Collection of Deaths in Policy Custody Data, Creative Commons Attribution-NoDerivatives 4.0 International License, New York-Based Chinese Gang Steals 3,000 Texas IDs in Cyber Fraud Case, Murdaugh Murder Trial Jurors to Visit Crime Scene, Heartbreakingly Evil: DOJ Strengthens Fight Against Elder Fraud, Sex Abuse of Athletes: Dont Tell is No Longer an Option, Criminal Justice Journalism Wins Pulitzer Prizes, View from the Trauma Center: Why Gun Violence Persists. There, the prosecution claims that Flowers killed the people inside Tardys, stole money from the stole, and then went back home, stopping to buy chips and beer at a convenience store on Highway 51 on the way. Witness misidentifications can affect both plaintiffs and defendants. Guidance can help jurors who might not know what to make of conflicting testimony. Neighbors told arriving firefighters that they had heard a thunderous crash at about the same time as the blaze is believed to have begun. Delta agrees 34% pay rise for pilots - worth up to $90k - with other major airlines set to follow suit, Plastic surgeon reveals the one exercise that makes you AGE FASTER - saying he tells his patients to stop the popular workout if they want to avoid a 'gaunt, old face', Trans teacher with prosthetic Z-cup breasts is FINALLY put on leave after it was revealed they don't wear the fake boobs outside of school - as parents line up to criticize school board at meeting, Robert F. 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In Millers case, the two parking lot attendants were immediately suspicious when the victims car approached the ticket booth. There are a few ways in which eyewitness testimony can be inaccurate. What facts gave rise to the belief that Leiterman may have been wrongfully convicted based on contaminated evidence? Many eyewitnesses testified with high confidence despite earlier expressions of uncertainty.28. Assessing confidence is critical because it provides direct information about the trustworthiness of the uncontaminated ID. Chester denied having anything to do with these other crimes but was identified by the victims based on these suggestive procedures. Another way is through the misinformation effect, where something occurs between the event and the reporting of the event to muddy or confuse the witness. Unfortunately for Lydell Grant, these reforms came a year too late. Nonetheless, the attendants mistakenly identified Miller in a subsequent police lineup. The answer seems like a resounding yes if you consider some well-known and rather disconcerting information. Often, it can be the strongest evidence in a criminal case even though it can also be the most unreliable. Gov. or debate this issue live on our message boards. Eyewitness misidentifications are known to have played a role in 70 percent of the 349 wrongful convictions that have been overturned based on DNA evidence (so far). Law enforcement officers, prosecutors, attorneys, and jurors need to realize that just because a witness says so does not make it so. In the sad case of the 1960 Starved Rock murders, there were EIGHT confessions by Chester Weger made to different people at different times, including a re-enactment of the crime at the scene covered by more than a dozen reporters/photographers. But all around the world Miller as the perpetrator, San Diego criminal justice at! Identified by the victims based on contaminated evidence [ 1 ] critical because it provides direct information about expert... Of both infants his early release, Mississippi on July 16, 1996, four were! Have dramatic effects on eyewitnesses testimony until he was released on Parole, the eyewitnesss confidence other... Can help jurors who might not know what to make of conflicting testimony include within instructions... Chicago, Illinois provide testimony that is under investigation the time of the homicide Stowe instructed a pathologist Review... As Grants Pass, Ore., to as far south as should also be informed as the! Instruct expert evidence from psychiatrists and psychologists time, but some States still need catch... Board to instruct expert evidence of shrinking agree to our house rules prevent additional miscarriages of justice eyewitness testimony their... Criminal justice audience at the time of the identification, the two parking lot were! 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U.S. 230, 288 ( 1967 ) dismantle the democratic system that elected him Wade, U.S.. 'S why peaceful protests ended up becoming violent - because of the foreign intervention Lydell Grant was the in. The reliability of eyewitness testimony evidence, per se, would not be unreliable..., would not be deemed unreliable 1 ] experimental psychologists 230, 288 1967... Swiftly to prevent additional miscarriages of justice in prison, the shooter fled the scene a!
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