An Analysis Of Elizabeth F Loftus S Eyewitness Testimony

Understanding evidence is critical in a court of law – and it is just as important for critical thinking. Elizabeth Loftus, a pioneering psychologist, made a landmark contribution to both these areas in Eyewitness Testimony, a trail-blazing work that undermines much of the decision-making made by judges and juries by pointing out how flawed eyewitness testimony actually is. Reporting the results of an eye-opening series of experiments and trials, Loftus explores the ways in which – unbeknownst to the witnesses themselves – memory can be distorted and become highly unreliable. Much of Loftus’s work is based on expert use of the critical thinking skill of interpretation. Her work not only highlights multiple problems of definition with regard to courtroom testimony, but also focuses throughout on how best we can understand the meaning of the available evidence. Eyewitness Testimony is arguably the best place in the Macat library to begin any investigation of how to use and understand interpretation.

By shedding light on the many factors that can intervene and create inaccurate testimony, Elizabeth Loftus illustrates how memory can be radically altered by the way an eyewitness is questioned, and how new memories can be implanted and old ones changed in subtle ways.

"The study of memory had become my specialty, my passion. In the next few years I wrote dozens of papers about how memory works and how it fails, but unlike most researchers studying memory, my work kept reaching out into the real world. To what extent, I wondered, could a person's memory be shaped by suggestion? When people witness a serious automobile accident, how accurate is their recollection of the facts? If a witness is questioned by a police officer, will the manner of questioning alter the representation of the memory? Can memories be supplemented with additional, false information?" The "passion" Loftus describes in the lines above led her to a teaching career at the University of Washington and, perhaps more importantly, into hundreds of courtrooms as an expert witness on the fallibility of eyewitness accounts. As she has explained in numerous trials, and as she convincingly argues in this absorbing book, eyewitness accounts can be and often are so distorted that they no longer resemble the truth.

Elizabeth Loftus' 1979 work explains why people sometimes remember events inaccurately and how this simple fact has a profound impact on the criminal justice system, especially given the value placed on eyewitness accounts. Although, as these are based on memories that are not always reliable. Loftus recommends methods for gathering testimony that are less likely to distort memory and suggests experts on memory should be able to testify in court. Eyewitness Testimony led to important reforms in the American criminal justice system, inspired cognitive scientists to continue researching how memory works, and helped establish the field of psychology and law.

By shedding light on the many factors that can intervene and create inaccurate testimony, Elizabeth Loftus illustrates how memory can be radically altered by the way an eyewitness is questioned, and how new memories can be implanted and old ones changed in subtle ways.

Eyewitnesses play an important role in criminal cases when they can identify culprits. Estimates suggest that tens of thousands of eyewitnesses make identifications in criminal investigations each year. Research on factors that affect the accuracy of eyewitness identification procedures has given us an increasingly clear picture of how identifications are made, and more importantly, an improved understanding of the principled limits on vision and memory that can lead to failure of identification. Factors such as viewing conditions, duress, elevated emotions, and biases influence the visual perception experience. Perceptual experiences are stored by a system of memory that is highly malleable and continuously evolving, neither retaining nor divulging content in an informational vacuum. As such, the fidelity of our memories to actual events may be compromised by many factors at all stages of processing, from encoding to storage and retrieval. Unknown to the individual, memories are forgotten, reconstructed, updated, and distorted. Complicating the process further, policies governing law enforcement procedures for conducting and recording identifications are not standard, and policies and practices to address the issue of misidentification vary widely. These limitations can produce mistaken identifications with significant consequences. What can we do to make certain that eyewitness identification convicts the guilty and exonerates the innocent? Identifying the Culprit makes the case that better data collection and research on eyewitness identification, new law enforcement training protocols, standardized procedures for administering line-ups, and improvements in the handling of eyewitness identification in court can increase the chances that accurate identifications are made. This report explains the science that has emerged during the past 30 years on eyewitness identifications and identifies best practices in eyewitness procedures for the law enforcement community and in the presentation of eyewitness evidence in the courtroom. In order to continue the advancement of eyewitness identification research, the report recommends a focused research agenda. Identifying the Culprit will be an essential resource to assist the law enforcement and legal communities as they seek to understand the value and the limitations of eyewitness identification and make improvements to procedures.

Examines traditional safeguards against mistaken eyewitness identification.

First Published in 1976. Routledge is an imprint of Taylor & Francis, an informa company.