(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. Do you want to automatically post your MailOnline comments to your Facebook Timeline? Questions were raised about the outcome after Ernest Saunders made a recovery following his release. The court tried to deter false identification with a stepped process. Miller was convicted and sentenced to 52 years in prison. It turns out, back in 1998, just days after the crime, the NYPD had a main suspect for the murder of Al Ward: a man named Mustafa. 27 The Innocence Project, Eyewitness Identification,. In reviewing the case, it is more than apparent that the convicted man had motive, opportunity and means to commit this crime. One reported that he had identified Grant without doubt or hesitation. 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. Later two slideshows were shown, one with a stop sign and the other with a yield sign and they asked the subjects which was the one they had previously seen. Law enforcement officers, prosecutors, attorneys, and jurors need to realize that just because a witness says so does not make it so. 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. Of course, he knew that Lydell Grant was the one under suspicion. In much the same way, an eyewitness can be led to falsely remember someone committing a crime that was actually committed by someone else. His subsequent return to business raised further questions about the evidence that led to his early release. 10 Manson v. Brathwaite, 432 U.S. 98, 114 (1977). They were then asked a leading question about how fast the car was going when it passed the yield sign. Having served 10 years in prison, the psychologist recommended his release from prison. 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. Well ask you to confirm this for your first post to Facebook. In other cases, the circumstances of a purported witness identification may be flimsy; yet the prosecutors still rely on that identification, which is then presented as rock-solid evidence at trial. A Man Was Jailed For 20 Years Due To A Single Eyewitness Who Now Wants To Recant Antonio Mallet's conviction rested on testimony from one eyewitness who, in a new court filing, now says NYPD detectives assaulted him and threatened to lock him up if he didn't blame Mallet for the murder. My review of the transcripts from Grants trial suggests a simple explanation for these high-confidence mistakes: The police did not use scientific best practices for collecting the eyewitness identification evidence. Two police officers thought the sketch resembled Miller, a man they had questioned a few days earlier. Such behaviors are often inadvertent; neither lineup administrators nor eyewitnesses may be consciously aware that theyre happening. Many believe that this conviction was based on contaminated DNA evidence. The Manson admissibility test consists of two steps. Another stated that the killers face was burned into [her] memory immediately.. Recently, post-conviction DNA exonerations of innocent persons have dramatically highlighted the problems with eyewitness identifications. 25 A. G. Goldstein, J. E. Chance, and G. R. Schneller, Frequency of Eyewitness Identification in Criminal Cases: A Survey of Prosecutors, 27(1) Bulletin of the Psychonomic Society: 71, 73 (January 1989). circuit court, the 29-year-old was convicted of a rape that he did not commit and was sentenced to five life sentences. Read through our advertising and sponsorship rates and contact us. In 2011, Sally Challen was convicted of murdering her husband before Guildford Crown Court. Nonetheless, the attendants mistakenly identified Miller in a subsequent police lineup. Discover world-changing science. Your comment will be posted to MailOnline as usual. See here: Innocence Project, Eyewitness misidentification accessed on March 9, 2019. 3 Eyewitness Misidentification. The Law Enforcement Command of the Islamic Republic of Iran claimed she had a heart attack at a police station, collapsed, and fell into a coma before being transferred to a hospital. Yet, based on, among other things, this powerful purported eyewitness evidence, Heidelberg was convicted. But theyve hit a snag. In an effort to overwhelm Chester and break him down, he was placed in a lineup regarding two incidents that took place in 1959 in a nearby State Park called Deer Park, one of which was that rape case and the other was a purse snatching. Psychologists have learned a. 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. Until he was released on parole, the 81-year-old Weger ranked as the second longest-held inmate in Illinois prison system. The NRCs recommendations for law enforcement and judges are below.32. 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. Opinion: Why does Mexicos president want to dismantle the democratic system that elected him? A meta-analytic review of the effects of high stress on eyewitness memory, Law and Human Behavior 28.6 (2004), 687-706. A full and fair examination of all the circumstances of the subject crime, and all the evidence involved, is necessary. Claimed to have called out to Flowers that day. 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. 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. John Worboyss victims alleged that he assaulted them after offering them champagne which he had spiked with drugs. What law enforcementand the publicneeds to know. As a result, witnesses who have received confirmatory feedback provide testimony that is highly persuasive to jurors. This opinion differed from the opinions formed by the other professionals, who concluded that John Worboys should remain in prison. 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. Because she had already servednine years and four months of her initial life sentence, she was released following the change of conviction. 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. was a video tape, and his presence and the time of the event were confirmed by two athletic directors, his coach, and members of the opposing team. Do Not Sell or Share My Personal Information, Editorial: He spent 38 years in prison for a crime he didnt commit. Videotaping allows for review of eyewitness testimony later on in the trial if the reliability of eyewitness testimony is called into question. Videos circulating on Twitter appeared to show dozens of UN diplomats walking out as he started to speak. 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. In 2009, he was charged with assaulting 12 women. John Wixted is a Distinguished Professor of Psychology at the University of California, San Diego. Two other eyewitnesses, a couple, remembered discussing their selection with one another and confirming each others decisions. As with DNA evidence, eyewitness evidence needs to be safeguarded against contamination. Family weapons were used to kill the victims in the Murdaugh case, prosecutor says Prosecutor Creighton Waters speaks during closing arguments on Wednesday, March 1. 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 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. 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. 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. The parking lot attendants provided a description of the driver to a police sketch artist and the sketch was published in a daily police bulletin. Speak to our experts today for advice. Police said they believed Weger was a suspect in a rape that had occurred a few years earlier. Therefore, it is important that the individuals allowed to testify are accurate in their recollections. Miller was ultimately charged with rape, robbery and kidnapping. 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. No comments have so far been submitted. 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. 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 addition to implementing double-blind lineup procedures, its essential that lineup administrators document eyewitnesses confidence immediately following an identification. 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 . Expert Evidence In Family Cases Where Spouse Is Unable To Return To Work Due To Illness, The revised psychopathy checklist (PCL-R), Proving Automatism Defences In Criminal Cases, Understanding the Value of an Occupational Therapist Expert Witness, Causation in personal injury or medical negligence, Assessments of sexual offending, violent behaviour offending, arson, and stalking. In Winona, Mississippi on July 16, 1996, four people were shot and killed at Tardy furniture store. In a recent review of the literature, the authors reported across 15 experiments, suspect identifications made with high confidence were, on average, 97 percent accurate! 'The issue in Iran at the moment is not that of hijab.'. This is an updated version of an article originally published on July 4, 2020. Dan tries to find out more about Mustafa . 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. Readers speculate why, Letters to the Editor: Serious about the drought? Expert evidence may be important in determining the right outcome. 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. Carter has now been indicted for the murder by a grand jury, and Lydell Grant was released from prison. If New Jersey can have statewide guidelines, so can California. He is the founder of Hale & Monico, Americas Justice Attorneys. My Blog cases where eyewitnesses were right. The person they think was the perpetrator in fact had nothing to do with the crime. Other major dangers that have plagued eyewitness reports are factors such as high-stress situations, how witnesses are interviewed by police, and whether the victim is the same or different race as the witness.6 In 2001, Meissner and Brigham performed a broad review of research on cross-race identification, analyzing data from 39 research articles and 5,000 subjects/witnesses. Once this fact is appreciated, then proper testing protocols can be put in place to minimize the likelihood that the original memory trace is contaminated. But. There, the prosecution claims that Flowers stole Doyle Simpsons gun from the glove compartment of Doyles unlocked car and then walked back to his home on the West side of town. She was sentenced to life in prison. by TCR Staff, The Crime Report May 24, 2021, This and is republished here under a Creative Commons license.. He served 47 years in prison before his conviction was vacated in 2018. 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. Los Angeles, Review: A reimagined Secret Garden fails to flower anew at the Ahmanson Theatre, Editorial: Ousting L.A. Countys chief probation officer isnt enough. It was the right decision on the time. 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). Imagine if police let unauthorized people have willy-nilly access to a crime scene that is under investigation. Unfortunately for Lydell Grant, these reforms came a year too late. 26 The Innocence Project, DNA Exoneree Case Profiles,. Current procedures for collecting and assessing evidence from eyewitnesses are often not designed to minimize contamination.This problem does not apply to other kinds of forensic evidence. Nevertheless, these subtle behavioral cues affect eyewitnesses decisions by making them more likely to choose the suspect. In the United States, more than 300 exonerations have resulted from postconviction DNA testing since 1989.26 According to the Innocence Project, at least one mistaken eyewitness identification was present in almost three-quarters of DNA exonerations.27 In many of these cases, eyewitness identification played a significant evidentiary role, and almost without exception, the eyewitnesses who testified expressed complete confidence that they had chosen the perpetrator. 22 Edwin M. Borchard, Convicting the Innocent: Sixty-Five Actual Errors of Criminal Justice (New York: Garden City Publishing Company, Inc., 1932). Psychological experiments have shown that lineup administrators who know who the suspect is end up cuing witnesses toward that person. Press Esc to cancel. 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. 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. Instead, they asked that the six eyewitnesses who originally testified against Grant respond to his claims of innocence. They found that when showing violent and non-violent crimes on videotape to subjects and then prompting them with questions later, the witnesses had more and more difficulty remembering certain details as the violence in the video went up.8. John Worboys was given an indeterminate prison sentence. 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. 9 According to the innocence project, mistaken identification is a leading factor in wrongful convictions. Medicolegal court reports are requested where expert witness evidence is required. This can be true even in situations where the witness has an ample opportunity to observe the offender. Standardized instructions regarding best practices should be given, including such tips as the importance of minimizing contact between witnesses at the scene, and how gathering eyewitness testimony as early as possible tends to increase its accuracy. John Worboys worked as a cab driver and was charged with sexually assaulting several of his female passengers. While 30+ years of research is too much to summarize in a few paragraphs, we will outline the general problems with eyewitness testimony as well as some of them more major research that has been performed on the subject. Therefore, when John Warboys applied for parole, an independent psychologist was instructed by his legal representative to assess his risk. Andy Hale is a civil rights attorney, specializing in wrongful convictions in Chicago, Illinois. Only radical intervention can save juvenile justice. Many eyewitnesses testified with high confidence despite earlier expressions of uncertainty.28. Police officers should avoid leading questioning while interviewing potential eyewitnesses, since eyewitnesses might be eager to say what they think will help the investigation, rather than the unblemished version of their memory. 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. 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. It marks the longest-running anti-government protests in Iran since the 1979 Islamic revolution, with hundreds killed as a result. Thirty Years of DNA Forensics: How DNA Has Revolutionized Criminal Investigations. CEN RSS, Chemical and Engineering News, 18 Sept. 2017. Like eyewitness memory, DNA evidence can be contaminated with the trace of an innocent person. And have you read a recent peer-reviewed paper that you would like to write about? To do this, proper testing protocols that reduce chances of contamination need to be followed. The way to avoid these problems with eyewitness testimony is for police to adopt best practices based on the psychological research. Psychologists have learned a lot about why such errors happen. It is used to establish facts in a criminal investigation or prosecution. You can get our highlights each weekend.]. Additional Reading: Truth, Lies and Police Lineups, The Crime Report, May 5, 2021. 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. He did it and was fortunate not to be sentenced to death in that era. 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. Eyewitness testimony done right L.A. Times Archives Sept. 8, 2011 12 AM PT To many Americans including many jurors eyewitness testimony is the gold standard when it comes to evidence. 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. Sally Challen claimed she experienced years of emotional abuse before killing him with a hammer. Once a suspect has established that he was the victim of suggestiveness, a pretrial hearing will be held in which the full range of reasons for possible misidentification are examined. And Human Behavior 28.6 cases where eyewitnesses were right 2004 ), 687-706 evidence, eyewitness misidentification accessed March. Husband before Guildford Crown court 26 the Innocence Project, cases where eyewitnesses were right identification is a leading factor in convictions... 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