Witness Memory as Evidence in Criminal Trials

Witness Memory as Evidence in Criminal Trials1. When, and why, be witnesses memories unreliable as evidence in criminal trials in England and Wales?MemoryMemory is peerlesss ability to recall the past events. Memory let us explain our personal experiences and perception close to anything which is occurred in past.Types Of MemoryThere are three types of keeping boardEpisodic MemoryEpisodic memory refers to our memory of special event akin accident, death etc.Semantic MemoryThere are too many general knowledge is stored in ones mind which comes under the semantic memory type. It also refers to the knowledge which is stored in our mind to perform any skill. It also tells us how to perform in roughly repeated situation.Procedural MemoryUnderstanding the procedural memory is rather difficult to understand and contains different kind of information. Generally it refers to series of events which occurred on numerous times.Importance Of Witness MemoryWitness memory is a fuel of an y investigation because it let investigator to collect information about incident and human memory is too fragile to exactly remember ein truth moment. There are also numerous factors involved which modify witness memory that is environment factors, witness factors, stress levels of the witness/victim, weapon focus.When Witness Memory Is Unreliable As Evidence?Witnesses memories are unreliable as evidence in criminal trials in England and Wales when there is a TurnBull direction indicated the state of witness at the time of incident happened because so many researches has ready the massive impression on the look of information.What Is TurnBull?There are too many environmental factors which touch on the memory of witness and thunder mugnister dam geezerhood the quality and quantity of information. R. V. Turnbull guidance proposed a term ADVOKATEAmount of time one observedDistance What was the length between event and witnessVisibility How untold the scene was clear?Obstru ction Was there anything obscuring the view?Known or seen before If the situation was familiar?Any reason to remember What is the reason tin to remember.Time lapse How long the exposure of event?Error or material discrepancy Is there any discrepancy between the fact and the rendering (Booklet).Why Witness State Is UnreliableIn England and Wales, Evidence is not reliable, when there is a Turnbull direction in a state of witness because sometime witness rely on external help to recall the incident or he may have perceived prostitutely cod to distance or visibility or both (Bull, 1999)Generally people under the investigation are not ready to recall the incident currently. Many factors like fear, stress and nervousness can affect their quality of information. abouttimes they rely on external resources to feed them and they defamely perceive the series of happening occurred at TBR events.Sometimes witness may lie for any previous dis chucke or grudge. Witness may be biased a nd can provide wrong information to affect the investigationConclusionSince witness memory depends on lots of factors which are indicated through the famous term ADVOKATE therefore investigation should be taken with caution and every term of ADVOKATE should be properly and clearly note down.To gather worthy information from the witness, should check the witness personal orientation of biasness or favoritism.It should also be checked that whether the witness is pressurized by the culprit to speak lie.What changes should be made, to the procedures for identifying suspects in criminal investigations in England and Wales, according to psychological research?Human memory is too fragile to exactly remember the incident which happened that is why interviewing the witness to identifying the suspect is rather difficult task. It can also affect by the Turnbull directions. Usually witness replies the interviewer in broad term and can only describe six or seven characteristics of suspect like age (Between 20-30) or height (between 56 58) that is why it is always difficult to get accurate knowledge about victim.The accurate information may be collected through cognitive interview but this type of interview demands too much time to conclude things. These re the reasons for which psychological research stress on the designation parade to identify the culprit. (Kapardis ebrary, 2010)Why Should Be Identification Parade Arranged?Identification parade are staged to avoid dickens hurdles of identifying the culprit.Verbal OvershadowingIn most of offence, during the investigation, witness is interviewed by more than than one officer and provided stream of information due to which he can mix up the details which is stored in witnesses mind and the information he is provided by the officers about culprit.If identification parade is arranged then a witness can easily identify the suspect or the person who is somehow linked with the crime.Information To The PublicSome crimes ar e needed to advertise in public through media and police shows the picture, video or sketch of suspect in public. Sometimes a totally innocent person can be suspected and shown to public. Witnesses, after seeing the police announcement about suspect can to mix-up the faces of suspect with actual culprit.In that case, after the identification parade, officers are directed to ask witnesses whether they have seen any broadcast on media or not?Asking directly to the witness is rather strange. According to researchers, it is more appropriate to ask logically by the witness rather than directly.Changing Facial Expressions.Facial expressions of people are changed with the passage of time due to weight, tiredness, hairs-breadth color or culprit can deliberately change it to be hidden from the police but if culprit is arrested for identification parade then he cannot change his facial expression and can be identified by the witness.ConclusionInvestigation with witness should be deal with c autious and interviewer should know the craft of interviewing to get accurate information. Investigator should avoid direct questions like was that man wearing black shirt? Or did you see blood spot on right side of window? It is recommended to ask series of questions to grab the fact like the series below.What have you seen at spot?Can you tell us the gender of person you have seen?What was he wearing?It is also recommended to setup interview as soon as possible because there is margin of memory fail.Describe the boundary to which offender pen is relied upon both in criminal investigations and in criminal trials in England and Wales.?Offender ProfilingOffender profiling is a tool of investigation about the culprit with the help of evidences. Offender profiling is commonly perceive as a magical ability of investigator to dictate hands on the culprit. It is also called psychological profiling, criminal personality profiling, profile analysis and the offender profiling is carried by the profilers or offender profilers.Offender profiling is a psychological assessment of evidence which is collected from the crime scene. Offender profiler collects evidence from the crime scene and assess assumes the personality type which usually exhibits akin patterns (Jackson Bekerian, 1997).Aims Of ProfilingThe aim of profiling is to get closer to suspect and get the answer of three questionsWhat happened at the spot of incident?What personality type can be involved in it?What personality traits can be possessed by that personality type?These questions are generally analyzed by the psychologist who are expert of their field and are outside of the police department.Limitations Of Offender ProfilingAlthough the crime scene can reflect the personality of offender and psychiatrist put insights on it but sometimes searching the link between the crime and mental state of offender is not cleared or understandable.It is also criticized that psychologist are helpful only in the cri me which are committed in extreme cases of mental illness. They are not much useful in the crimes which are not committed due to mental illness.One more criticism is usually done on clinical approach that psychologists works according to cognition of psychology which is remain ambiguous and has flaws in it. Understanding and evaluating complex human psyche is rather difficult task and sometimes it is understood completely wrongConclusionOffender profiling is no doubt a significant part of crime investigation but it is also limited in a way. It restricts psychiatrist to some specific pattern of personality traits while human behavior is always complex and cannot read accurately always. It is not necessary that crime scene always show the exact pattern of behavior which culprit exhibit.Identify the key ways in which the research, into common forms of decision-error, might inform and better practice in criminal investigations and trials?DeceptionIdentifying someones lie is not easy ac cording to research reaching correct result is aid to fall between 50 to 60 percent. The more common reason of this trend is over confidence of people in their ability to judge others. spotting Of DeceptionDespite of fact that deception cannot be easily caught, people also make some basic judgment errors. These judgment errors are reason in five types.Pinocchios NoseThere is indeed some universal signs of lying like stammering, avoid eye contact, blushing but it cannot evenly apply to everybody on the earth. So these universal signals may guide to wrong direction.Erroneous AssumptionsSome people thing that deception can easily be caught by facial expression or they are the master of face reading. Some people do have the ability of face reading but in general this ability is over estimated.Othello ErrorThis type of error is actually comes in existence due to Shakespeares drama where Othello achieved his target by accusing Desdemona but in modern criminal justice system this error misleads because most of people became nervous and feared when the feel that they are under observation.The plausibleness ProblemPlausible and implausible problems have problem to judge right because we do not believe implausible event if it is reported by some old man.CountermeasuresA natural liar can deceive the interviewer after noticing the interviewer suspicion and can adjust his/her behavior accordingly.Techniques To Improve Decision ErrorsScholars and researchers proposed three techniques of astir(p) decision errors.Un- spoken deedsLying can be judged by the entire body language which includes gestures, postures, facial expressions, voice quality etc. Some common proposed techniques of judging un spoken deeds areDecrease in movement of entire legs till feetDecrease in hand movementsSudden adjoin and decrease in voice.These all assumed signs should be deal with cautious because it cannot be true in every situation like deception errors and may lead to in accurate judgment.S poken DeedsNumerous techniques are used to judge the REAL of words that are written or spoken. The two most famous techniques of read between the lines are Statement Validity Analysis (SVA) which is developed by Steller and Kohnken in 1997 which is then incorporated by Criteria establish Content Analysis (CBCA). It implies that our account is different in content and quality in case of reality or imagination. This techniques uses nineteen criteria to judge a statement. This technique is not commonly use in U.K.Physiological MethodsThe most common technique of physiological method is Polygraph, which measures physiological reaction like heart beat, egest etc to check the deception. The polygraph is conducted through different sensors that are attached to the body and every physiological reaction recorded as a graphical presentation.Although polygraph is considered as very effective tool of detecting deception and has been used in different countries but it is not used in U.K. crimin al justice system due to complex human nature and the fact that human behavior and their psychological reactions are vary from person to person.ConclusionTo improve decision making subprogram in U.K spoken deeds and physiological test should be considered because these two techniques have been using in different countries and showing successful results to some extent but these techniques should be used with the caution and must not be rated overly. It should be used with the understanding that human nature varies from person to person and similar reactions cannot be equally applied to everybodyBibliographyBooklet. (n.d.). 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