Mugshots of Lydell Grant (left, in 2010) and Jermarico Carter (right, in 2007) show the men dont look very similar. One might assume that Grant was the murderers unlucky doppelganger. This created an inherent bias that made the lineup unfair, and likely affected the victims subsequent identification. Thirty Years of DNA Forensics: How DNA Has Revolutionized Criminal Investigations. CEN RSS, Chemical and Engineering News, 18 Sept. 2017. The reliability of these alleged identifications was suspect, since the officers would have had only a fraction of a second to observe the driver whizz by them at a high rate of speed at night. 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. Police said they believed Weger was a suspect in a rape that had occurred a few years earlier. The modern test for the admissibility of eyewitness testimony at a criminal trial under the Due Process Clause was established by the U.S. Supreme Court in Manson v. Brathwaite in 1977. Farm Heroes Saga, the #4 Game on iTunes. 22 Edwin M. Borchard, Convicting the Innocent: Sixty-Five Actual Errors of Criminal Justice (New York: Garden City Publishing Company, Inc., 1932). I believe the remaining 25 states should act swiftly to prevent additional miscarriages of justice. This decision attracted intense media attention and was seen to be a controversial decision due to the nature and severity of his offences. The prosecutor, Doug Evans, tried Curtis Flowers, a former employee at Tardy, six times for the crime.29 The Flowers case relied on three key points of evidence: (1) the eyewitness testimony of people who placed Curtis Flowers on the route from his home, to steal a gun, back to his home and then to Tardy to commit the murders and then home again (2) ballistics and (3) jailhouse confessions.30 Published: 00:56 EST, 2 March 2023 | Updated: 01:01 EST, 2 March 2023. More and more research has come out in the last few decades indicating that there are many dangers to relying on eyewitnesses, from the uncertainty of relying on a persons memory all the way to how they are questioned at the police station. The testimony of an eyewitness could make up for many shortcomings in a case, such as the lack of any actual physical evidence. cases where eyewitnesses were rightammo donation to ukraine. Retrieved March, 2019. Subsequent memory tests, including the dramatic one that occurs in court in front of the jury, constitute contaminated evidence. As with all indeterminate sentences, decisions around release are the sole responsibility of the Parole Board. Out on his porch and saw Flowers walking by that morning. Renowned Expert witnesses include doctors, psychologists, psychiatrists, social workers, and other professionals who are instructed to give expert opinions in legal proceedings. 24 Federal Bureau of Investigation, Crime in the United States 2012: Persons Arrested,. Even though no connection between Leiterman and Ruelas was ever established, the prosecution theorized that all three must have been together after midnight at the murder scene in 1969, with the preschooler bleeding on the victim for some unknown reason while Leiterman killed her. During the tense interview, Amirabdollahian claimed Mahsa Amini - the 22-year-old who died after being arrested by morality police for failing to wear the hijab - was turned into a 'symbol' by protesters. But in 57 percent of those cases, it was possible to determine what happened on the initial (uncontaminated) memory test. In 1932, Yale University law professor Edwin M. Borchard documented nearly seventy cases of miscarriage of justice caused by eyewitness errors in his book, Convicting the Innocent.22 The detective also admitted making a similar comment to at least one other witness. The processes at play in Lydell Grants case are predictable and unfortunately common. Law enforcement officers, prosecutors, attorneys, and jurors need to realize that just because a witness says so does not make it so. Sally Challen claimed she experienced years of emotional abuse before killing him with a hammer. The way to avoid these problems with eyewitness testimony is for police to adopt best practices based on the psychological research. I can vouch for the truth of his observations, having been involved in several cases dealing with witness misidentifications while representing both plaintiffs and defendants. 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. Not so with eyewitness memory. Arizona State University provides funding as a member of The Conversation US. But. 6 Wells, Memon, Penrod, Eyewitness Evidence: Improving Its Probative Value, Psychological Science in the Public Interest, (2006). But theyve hit a snag. The witnesses trial testimony reveals a simple explanation for these high-confidence errors: All of the eyewitnesses received confirmatory feedback following their identification of Grant. Does Irans Foreign Minister accept women can peacefully protest for change in Iran? Jurors trust a confident eyewitness and believe they are telling the truth and that their testimony is accurate [1]. Years later, in 1967, the U.S. Supreme Court highlighted the danger of erroneous eyewitness identification in United States v. Wade, stating, The vagaries of eyewitness identification are well-known; the annals of criminal law are rife with instances of mistaken identification.23 The Federal Bureau of Investigation (FBI) estimates that U.S. law enforcement made 12,196,959 arrests in 2012. In the Miller case, a woman was raped in her car in a parking garage in downtown Chicago. In much the same way, an eyewitness can be led to falsely remember someone committing a crime that was actually committed by someone else. However, there has yet to be research showing what ideal instructions would look like, as each case involving eyewitness testimony varies from each other. the time between the crime and the identification procedure. 26 The Innocence Project, DNA Exoneree Case Profiles,. John Worboyss victims alleged that he assaulted them after offering them champagne which he had spiked with drugs. 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. He did it and was fortunate not to be sentenced to death in that era. Scientific best practices for conducting eyewitness lineups require that the person administering the lineup not know who the police suspect. But studies demonstrate that a variety of factors can lead to the misidentification of criminals. The court tried to deter false identification with a stepped process. After his conviction at Croydon Crown Court, several more women made allegations of sexual assault against him. Thanks for reading Scientific American. While his potential release faced intense scrutiny, it demonstrates how influential an expert witness report can be. Demonstrators have cut and burned their head coverings while shouting anti-government slogans. Kendall Taggart BuzzFeed News Reporter Following a protracted trial,Saunders was found guilty ofconspiracy, theft, and false accounting. Carter has now been indicted for the murder by a grand jury, and Lydell Grant was released from prison. Gareth, a Pulitzer prize-winning journalist, is the series editor of Best American Infographics and can be reached at garethideas AT gmail.com or Twitter@garethideas. After the rape, with the victim now locked in the trunk, the rapist attempted to drive the womans vehicle out of the parking garage but was prevented from doing so by the two parking lot attendants who recognized the victims car and noticed that she was not driving it. . Expert evidence may be important in determining the right outcome. First, the judge must determine whether the procedure used by law enforcement officials in obtaining the proffered eyewitness identification (e.g., photographic array or lineup) was unnecessarily suggestive.11 The judge must then weigh this determination against the following five factors to assess the reliability of the identification: In practice, therefore, the test is flexible. 10 Manson v. Brathwaite, 432 U.S. 98, 114 (1977). A letter by UN Watch - a Geneva-based organization monitoring activities of the UN - urged all 193 members to leave the meeting. But a closer examination of those witnesses testimonies reveals a few disconcerting factors: the earliest testimony from a witness came a month after the murders, and other testimony came nine, twelve months later. Juries should also be informed as to the manner of the identification, the eyewitnesss confidence and other factors that might influence reliability. 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. An Iranian girl passed away and we were all very sorry about that. They are child killers.'. One of my clients, Cleve Heidelberg, was convicted in 1970 of killing a Peoria County, Ill., sheriffs deputy who was responding to a call about an armed robbery at a drive-in movie theatre. Explore our digital archive back to 1845, including articles by more than 150 Nobel Prize winners. In assessing the reliability of eyewitness identification, federal and state courts are still divided on (1) whether expert testimony on eyewitness identification should be allowed under either Daubert or Frye and (2) the proper exercise of trial court discretion when deciding whether to admit such expert testimony.18 The shooter had borrowed Heidelbergs car, and when Heidelberg went to retrieve his car later that night he was arrested by officers at the scene. In the Miller case, a. Recently, up to 400 female pupils from around 30 schools were subjected to poisoning attacks in what is believed to be an attempt to stop them getting an education. In one study, people playing the role of jurors were able to reliably distinguish between accurate and mistaken eyewitnesses when the witnesses had not received any confirmatory feedback. Discover world-changing science. This section will focus on the courts current treatment of eyewitness testimony. Thanks for reading The Crime Report! The rebuttal comes more than a month into the murder trial of Murdaugh, the 54-year-old disbarred personal injury attorney and member of a dynastic family in South Carolina's Lowcountry, where his . John Worboys worked as a cab driver and was charged with sexually assaulting several of his female passengers. Ernest Saunders, along with three other men, were part of the Guinness Four who were accused of being involved in ascheme to fraudulently increasethe price of Guinness shares. 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. Following criticism of the decision, the high court ordered the parole board to re-examine Worboys case. 'But foreign interference and the Persian-language media that are based in the United States and Britain focused their activities on encouraging and instigating the riots and acts of terror. Three of the eyewitnesses reported that the detective told them that they had picked the same person other people had, though the detective himself denied having made such statements. Sally Challens appeal demonstrated the importance of expert evidence in establishing the correct outcome for a mentally disordered offender. Marilyn Stowe instructed a pathologist to review the medical notes of both infants. 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. The lineup photo from one of these lineups shows how suggestive it was: The other four men in the lineup were much older and bigger than Chester. Second, the police lineup has to be fair (that is, the suspect should not stand out). What it means is that the malleability of memory can harm reliability. He was sentenced to 30 months in prison. In 1999, Sally Clark, a solicitor, was convicted of murdering her two infant sons (one in 1996 and the other in 1998) at Chester Crown Court. To do this we will link your MailOnline account with your Facebook account. Document Witness Confidence and Videotape Witness Identifications. [Youre smart and curious about the world. Prosecutors, though, have no murder weapon, bloody clothes or eyewitnesses, leaving them to build their case about Murdaugh's murky timeline of his whereabouts when the crime happened in 2021 . What the cases of Miller and Heidelberg highlight is that witnesses are often wrong. The chance of a lifetime: Five friends ski the tallest mountain in Los Angeles, Shocking, impossible gas bills push restaurants to the brink of closures, Best coffee city in the world? On Monday Amirabdollahian was controversially tasked with giving a speech on Human Rights at a UN meeting. Save my name, email, and website in this browser for the next time I comment. COVID origins? Nonetheless, the attendants mistakenly identified Miller in a subsequent police lineup. The first is in the classic My Cousin Vinny situation, where eyewitnesses simply believe they see something, despite not actually being capable of truly witnessing the event accurately. If New Jersey can have statewide guidelines, so can California. The psychiatrist formed an opinion of her mental state at the time of the homicide. They found that the odds of a false identification were 1.56 times greater in cases where the race was different than the witness, thus highlighting how bias can affect how somebody remembers an event.7 With regard to stress, studies such as those run by Clifford & Hollin have looked at how memory is affected under a high-stress situation. Who can help student-athletes cash in? 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. Ruling in the case of a man convicted of manslaughter and aggravated assault, the court noted that several variables can produce mistaken eyewitness testimony. 28 Brandon L. Garrett, Convicting the Innocent: Where Criminal Prosecutions Go Wrong 6368 (Cambridge, MA: Harvard University Press, 2011). 4 Defffenbacher, et al. After killing the officer, the shooter fled the scene and a high-speed car chase ensued. An initial eyewitness identification made with low confidence indicates that even though memory was not contaminated, the ID is untrustworthy (that is, by indicating low confidence, the eyewitness is effectively saying, Theres a good chance that Im making an error). Prior to admitting eyewitness testimony, judges should make inquiries into the reliability of the eyewitness, looking for any indications of unreliability. I must also add that Chester Weger also CONFESSED to the 1959 Matthiessen State Park rape/robbery but was never brought to trial (he already had received a life sentence for murder) to avoid putting the TEENAGED female victim on the witness stand. Noxious fumes wafted into their classrooms, causing some to need hospital treatment after complaining of headaches, heart palpitations, lethargy and being unable to move. 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. In Winona, Mississippi on July 16, 1996, four people were shot and killed at Tardy furniture store. Her defence had argued that the children had died of Sudden Infant Death Syndrome (SIDS), but expert witness, Sir Professor Roy Meadow, told the court that the probability of two children from an affluent family suffering SIDS was 1 in 73 million. 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? 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. In reviewing the case, it is more than apparent that the convicted man had motive, opportunity and means to commit this crime. She questioned the statistical basis of Professor Meadows evidence, which had led to Sally Clark being sentenced to life in prison. This can be true even in situations where the witness has an ample opportunity to observe the offender. The ability of a person who witnesses a crime to later pick the perpetrator out of a lineup is atrociousright? Police lineups have evolved over time, but some states still need to catch up. 22 Years later, in 1967, the U.S. Supreme Court highlighted the danger of erroneous eyewitness identification in United States v. Mahsa Amini, 22, died on September 16, three days after falling into a coma following her arrest, After the death of Mahsa Amini, Anti Iran protests have been held in many parts of the world. To many Americans including many jurors eyewitness testimony is the gold standard when it comes to evidence. Mr. Pay farmers handsomely to give up their water rights. Similarly, a witness may mistakenly perceive the circumstances of a crime or event, such as a car accident. Advertise to our national and international criminal justice audience at The Crime Report and support our mission. Only radical intervention can save juvenile justice. The perpetrator had a brief conversation with the parking lot attendants and then fled the scene. The parole board initially approved him for release. 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Finally, a witness may have more difficulty making a correct identification when he and the suspect are of different races. But if the six eyewitnesses chose Lydell Grant from the lineup only because they were cued to do so by the case detective, why were they so confident in their identifications? Videos circulating on Twitter appeared to show dozens of UN diplomats walking out as he started to speak. Eyewitness Testimony: Recommended Practices, Eyewitness testimony continues to be commonplace in law enforcement and trials. or debate this issue live on our message boards. Therefore, it is important that the individuals allowed to testify are accurate in their recollections. Publication Date: December 20, 2021 Eyewitness testimony in court is shown to highly sway the opinion of jurors. 70 percent of the 349 wrongful convictions. Although she was due to face further trial at the Central Criminal Court, on the basis of the expert evidence, the Crown accepted her plea to the lesser offence of manslaughter on the grounds of diminished responsibility. According to the Innocence Project, mistaken identifications are the leading factor in wrongful convictions, accounting for almost 70 percent of the wrongful convictions overturned by post-conviction DNA evidence. Many believe that this conviction was based on contaminated DNA evidence. But there is more to the story. Compared to administrators conducting double-blind lineups, these informed administrators are more likely to ask witnesses about the suspect and smile when witnesses are looking at the suspect rather than at another person in the lineup. The psychiatrist found that she had an adjustment disorder at the time she killed her husband, enabling her solicitors to challenge her conviction for murder. 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Way to avoid these problems with eyewitness testimony in court in front of the eyewitness, looking any! The Parole Board urged all 193 members to leave the meeting the scene and a car. To commit this crime the case, such as a cab driver and was fortunate not to be commonplace law! Saunders was found guilty ofconspiracy, theft, and website in this browser for the murder by grand! Theft, and website in this browser for the murder by a grand,. What it means is that the malleability of memory can harm reliability car accident Challen she!