Page 69 - Forensic News Journal Jan Feb 2018
P. 69

The Validity of Eyewitness Accounts - What You See is What You Think!

        means that perception                that the man was nowhere  ence and mis-associations.

        must be considered before  in the vicinity of the                         Two additional factors are
        discussing the factor of             shooting at that time.               imagination and sugges-
        memory.                                                                   tion.

                                             Experimental studies have
        It is very disconcerting to          also demonstrated the                Retention and recall de-

        trial lawyers that memo-             fallibility of the eyewit-           creases in direct propor-
        ries will change over time.  ness. A simulated purse-                     tion to time interval. The
        The statement made to                snatching was staged                 greater the time interval,

        investigators (to include            before sixty-four wit-               the greater the possibility
        a forensic hypnosis in-              nesses. Forty-eight of the           there is of influence from

        terview) near the time of            witnesses attempted to               the imagination. Also, a
        an incident, normally has            identify the suspect from            person may be influenced
        substantial changes by the  two videotaped lineups,                       by what they thought they

        time that a deposition or            one with and one without             saw. Then, explicit or im-
        trial occurs. This is espe-          the suspect. Only 13.5               plicit suggestion may lead

        cially true when the wit-            percent made a positive              the witness to think they
        ness is confronted with              identification while the             witnessed something that
        their original signed state-         remainder either chose the  was not seen. And, there is

        ment.                                wrong man, made no iden- a distinct possibility that
                                             tification, or impeached             a person can have a false

        That there are sometimes             themselves by picking two  memory of an event. This
        drastic changes in wit-              men.                                 hallucinated memory is
        ness statements cannot be                                                 called a confabulation.

        denied. For instance, in             It is obvious that some-
        1974, a man in California  thing drastic happens                          Until several years ago

        was erroneously convicted  to memories after the                          courts struggled with
        on the basis of a testimony  original event, unless of                    the concept of suggest-
        of seven eye witnesses               course, it was originally            ibility as a key factor in

        who identified him as a              misperceived. It can be              questioning the validity
        bank robber. In another              inferred that memory                 of hypnotically refreshed

        case in 1973, seventeen              may change because of                memories. Many psy-
        witnesses identified a               psychodynamic defense                chologists (such as Drs.
        man who has erroneously  mechanisms within one’s                          Diamond and Ohrne) have

        charged with shooting a              own personality, faulty              testified as expert witness-
        police officer. It turned out  reconstruction, or interfer- es disputing the validity


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