Lecture Notes: Faulty Eyewitness Testimony and Memory Fragility

Introduction

• DNA has exonerated over 230 men, mainly in sex crimes and murder cases.
• Key focus: Faulty eyewitness testimony was a major factor in over 75% of these wrongful convictions.

The Fragility of Memory

• Memory Misconception: It is not like a videotape recorder; it is malleable, full of holes, easily contaminated, and susceptible to suggestion.
• Case Study: Jennifer Thompson and Ronald Cotton.
  • Jennifer initially did not believe innocent people were wrongly convicted.
  • Changed perspective after learning from numerous exoneration cases.

Eyewitness Testimony Issues

• Initial Lineup Problem: The real perpetrator is often not in the initial lineup.
• Witness Assumptions: Witnesses often assume the suspect is in the lineup and try to find them.
• Misidentification Example: Ronald Cotton was wrongly identified instead of the real perpetrator, Bobby Pool.
• Difficulty in Recognition: Witnesses struggle to identify the suspect when they are not present.

Psychological Insights

• Studies by Gary Wells: 30 years of research on eyewitness memory.
  • Real perpetrators not in the lineup lead witnesses to pick the person who looks most similar.
  • Eyewitness testimony is unreliable yet highly persuasive to jurors.
• Rapid Memory Recognition: Good recognition is quick; longer deliberation indicates unreliable memory.
• Sequential Presentation: Suggested improvement involves showing lineup photos one at a time to avoid comparison errors.

Impact of Reinforcement

• Reinforcement can alter memory, as evidenced by Jennifer’s confidence after feedback from police.
• Study shows feedback increases witness confidence even with incorrect choices.

Proposed Solutions

• Lineup Administration: Should be conducted by someone independent of the case.
• Legal System Changes: North Carolina reforms include showing lineup photos one at a time and using computer software for neutrality.
• National Reform Needs: Many places lack these reforms, indicating a need for broader change.

Personal Stories and Effects

• Ronald Cotton's life post-exoneration: Married, working, and advocating for reforms alongside Jennifer.
• Unlikely friendship between Jennifer and Ronald, highlighting redemption and shared mission.
• Both co-authored a book to share their experience and promote awareness.

Conclusion

• Importance of understanding memory's fallibility in justice.
• Memory plays tricks, but eyewitnesses remain necessary.
• Ongoing advocacy for improved methods to ensure accuracy and justice.

Additional Resources

• More information on memory contamination is available at 60minutes.com.