Eye Witness Testimony Essay

â€Å"Eyewitness testimony is so unreliable that it should never be used in convicting criminals†. Eyewitness testimony is a legal term. It refers to; an account given by person(s) of an event they’ve witnessed. Eyewitness testimony is admissible in a court of law to assist in the conviction of individuals. In 1976, the Devlin report examined over 2000 identity parades in the U. K. Of the 2000 parades, 45% resulted in a suspect being identified and out of these, 82% were eventually convicted of a crime. In over 300 cases, the eyewitness testimony was the sole â€Å"evidence† used in conviction. 4% of these 300 cases resulted in criminal convictions. The significance of eyewitness testimony was highlighted in this report and resulted in much more research being undertaken. Cohen describes â€Å"erroneous eyewitness testimony† as being the â€Å"leading cause of wrongful conviction†. The multi store /Atkinson-Shiffrin memory model was first recognised in 1968 by Atkinson and Shiffrin. The model attempts to identify the process that a stimulus must go through to become a retrievable memory. After being criticised for its supposed simplicity, Baddeley and Hitch (1974) developed the working memory model. Both of these models propose that memory is a complex phenomenon that must go through numerous stages to become an accurately recalled memory. It is this process that offers explanation into the complexity of memory and the many areas that may result in memory confabulation. The Psychology of Rumour study by Allport & postman’s (examined latter) also alludes to memory being more complex than previously thought and strengthens the theory that memory is a process as opposed to a simplistic film. Sir Frederic Bartlett, (1932) introduced the theory of â€Å"Reconstructive memory† & â€Å"schemas† to Psychology. Schemas where defined by Mike Cardwell as; â€Å"packages of information† or â€Å"unconscious mental structures†. These mental structures are acquired through our experiences, or as a result of our expectations and cultural norms. Bartlett proposed that people use schemas constantly to complete tasks and to assist in making sense of our surroundings. The theory of schemas also suggests that there are gaps in a person’s memory that are filled with confabulated information when reconstructed. Sir Bartlett (1973) devised an experiment to investigate the effects of schemas on people’s memories. Twenty participants read a story called; â€Å"The War of the Ghosts†. The story was culturally different western literature, and was difficult for them to comprehend. After some time, the participants were asked to repeatedly recall the story in as much detail as possible. After recalling the same story six times, once even a year later, participants accidentally shortened the story from 330 words to an average of 180. Participants also altered parts of it to better suit their westernized culture. A conclusion of this experiment is that Memory recall is influenced by our schemas of cultural background and pre-existing knowledge. The experiment has been criticised for a lack of objectivity, being lax on variable control and casual conditions. However, the experimenter’s findings were also strengthened by Cromberg et al whom in 1996 interviewed people one year after plane crash. Of the 193 questioned, 55% falsely said that they had seen the plane hit the building and 59% inaccurately reported that a fire had started immediately on impact. Allport and Postman (1947) conducted a study titled: â€Å"Psychology of Rumour† with participants who were all white. They were shown a picture of an argument between a black man and a white man on a train. The white man is holding a razor and threatening the black man aggressively. The participants were divided into groups of seven. One participant from each group was shown the picture and asked to describe it to the second participant, who described it to the third, and so forth. Over half the participants who received the final description reported that the black man, not the white was holding the razor. This was false and shows that memory is susceptible to alteration by our own biases and prejudices within society. This experiment has been at the forefront of the interface between law and psychology. The findings have been repeatedly relayed in courts of law to express the unreliability of eyewitness testimony. However, inaccurate accounts of the procedures and implications of the study have been substantially misunderstood and distorted. Language is very important in eyewitness testimony; the way that memory is retrieved from a witness strongly affects what that person recalls. Loftus proposed that witnesses could accept false information which would dramatically affect the reliability of their testimony. This is called: â€Å"misinformation acceptance† and May happen in a post event situation such as being interviewed. Loftus believed some interviews contained â€Å"leading questions†. A leading question is defined as a question that is phrased in a way as to influence or prompt a specific form of answer. To test weather leading questions could distort eyewitness testimony, Loftus and palmer (1974) conducted the: â€Å"Reconstruction of Automobile Destruction† experiment. Forty five American students were split into 5 subgroups. After being shown various car collisions on slides that were dependant variables for each group, Participants were instructed to answer questions on what they had witnessed. The groups where asked to estimate the speed of the cars before they either: â€Å"hit/smashed/collided/bumped/contacted†. Each subgroup was asked the same question but with different verbs (the independent variable. ) A week later participants were also asked questions such as; â€Å"Did you see any broken glass? † when none such existed. The findings of this experiment were that the verb used to describe the collision affected the participants speed estimate given. The Biasing questions which they answered systematically affected the participant’s memory of the accident. The participants in the â€Å"smashed† condition reported the highest speeds, followed by â€Å"collided†, â€Å"bumped†, â€Å"hit†, and â€Å"contacted† in descending order. The â€Å"smashed† group also had more participants reporting to have seen glass when there was none. This experiment shows that memory is easily distorted by questioning techniques and information can be accepted post event causing confabulated memory. Strengths of this experiment are that it was conducted within a controlled environment and has serious implications for interviewing witnesses. However there is weakness’s to the experiment such all participants were students and not a wide range of people. Also, the collisions where viewed on video not in real life. Videos may lack the emotional impact caused when witnessing a real-life accident Loftus et al (1978) proposed that emotion can affect memory. Loftus stated that emotional arousal during an event can lead to a reduction in accurate memory recall. Loftus et al conducted an experiment of the effect of emotion on memory by showing two films of an armed robbery to participants. One film was violent, the other was nonviolent. They then tested the participant’s memories for details of what they had witnessed. The findings showed that the high-arousal version of a young boy being shot and falling to the floor, led to impaired memory recall. This was when compared to the low-arousal version. These findings show that emotions can affect memory. This experiment is lab based and findings may be difficult to transfer into real-life environment. However, being conducted in a controlled environment gives it enhanced ecological validity. Peters (1988) supported Yerkes & Dodson that illustrated an optimum level of emotional arousal enhanced memory. Peters found that when receiving inoculations in a clinic (an anxiety generating event) patients found it difficult in accurately identifying the nurse who issued their jab. One can conclude that this was due to the high levels of arousal surrounding the participant during the time of the jab. There is conflicting evidence weather emotions strengthen or weaken the accuracy of eyewitness testimonies. However, both theories support the idea that emotion has an effect on memory. Eastbrook (1959) proposed that arousal narrows the focus of attention. This causes improved memory for central details but impaired memory for peripheral details. Another factor that affects the reliability of eyewitness testimony while witnessing an event is the: â€Å"weapons focus affect†. Weapon focus refers to the concentration of attention on a weapon by the witnesses of a crime. Loftus et al claimed that this diverted their attention and resulted in a reduction of remembering many other details of the crime or criminal. Loftus (1979) conducted an experiment to study whether the presence of a weapon in an emotionally heightened state could affect eyewitness memory. Participants believed they were waiting to participate in a memory study and were waiting outside a laboratory. As they waited, participants in â€Å"condition 1† overheard a staged yet civil conversation coming from a room regarding equipment failure. A man then exited the room with a greasy hand holding a pen. Condition 2 participants were also privy to a staged conversation from an unseen room. This conversation was â€Å"hostile† and was accompanied by the sound of breaking class and broken furniture. A man then exited the room holding a blood covered knife. Participants were asked to identify the men they saw from fifty photographs. Condition one participants accurately identified the man 49% of the time. However, condition two participants were able to accurately identify the man only 33% of the time. From these results, Loftus concluded that presence of a weapon and a hostile confrontation affected witness’s ability to identify the individual. They were unable to focus attention on the man because more attention was concentrated on the weapon. This study is important in demonstrating the impact a weapon has on the reliability of eyewitness’s testimony. However, there have been many criticisms of these experiments. No distinction is made as to whether the hostile experience affected participant’s memories or simply the weapon. There are also huge concerns over the ethics of this experiment, participants could have been psychologically damaged by the experience and were unable to withdraw from it as they were unaware it had already begun. This experiment was conducted under controlled conditions within a controlled environment; this strengthens the information obtained by increasing the ecological validity of the experiment. The findings are less transferable to real life situations. Chrstianson & Hubinette (1993) demonstrated that in real life settings, memory can be accurate with acute stress. Eyewitness testimony is heavily dependent upon face recognition, and so the study of this subject has acute implications in understanding how reliable memories of faces are. Research shows that people have difficulty accurately recognizing individual members of a different race. One explanation for this is that we use specific features to distinguish between members of our own race and those features are not always present between other races. In a study done by Platz and Hosch, (1986) convenience store clerks were asked to identify three customers: one white, one black, and one Mexican American, all of whom stopped in the store earlier that day. The results of the study showed that each of the clerks identified customers belonging to their own race accurately, but when attempting to identify members of the other races, they stated â€Å"they all look alike. † Cross-Race Identification Bias demonstrates how prone people are to making false identifications when asked to identity people from a different racial or ethnic background other than their own. This research offers some support to the existence of cross-race identification bias. However the experiment has many weaknesses; the participants may have seen many people that day and it’s unclear whether they were briefed prior to the experiment. This experiment has enhanced ecological validity because it is set in one environment. There are many independent variables within this research that if altered, may dramatically distort the previous findings. Fisher and Geiselman (1992) developed the cognitive interview† This is a specialised interviewing technique designed to increase the accuracy of information given and minimise false testimony. The interviewer attempts to eradicate all verbal & nonverbal responses that may affect the witness’s testimony. This is to avoid the â€Å"Clever Hans† effect where a witness’s may pick up cues. There are four basic principles of the cognitive interview; firstly to report everything; all details of an event, i ncluding information deemed irrelevant. Mental reinstatement of original context is another; the interviewee mentally recreates the incident fully. The interviewer may also change the timeline of events by reversing the events in order. Finally, the interviewee is instructed to imagine how other witnesses saw the incident. A meta-analysis found in 53 cases, an average increase of 34% in correct event recognition compared to a non-cognitive interview. However this was conducted within a laboratory not a real-life setting. Mine & Bull (2002) decided to test each of the four cognitive principles separately. Participants were interviewed with one cognitive principal as compared to the four. Recall of accurate information was broadly similar to other participants in a control group who were informed to â€Å"try again†. However, when participants were interviewed using a combination of the cognitive principles their components were significantly higher. Extremely young and old people tend to have an increased susceptibility to suggestion (Ceci & Bruck, 1993; Cohen & Faulkner, 1989) as well as those whom score high on measures of dissociation. It is clear that eyewitness testimony is not as reliable as a means of conviction as generally thought due to many various factors. There is however many improvements and safe guards that can be utilized to improve the reliability of eyewitness testimony such as; performing cognitive interviews and using multiple testimonies. Key factors such as: age, race, and the emotional stimulus of an event should be taken into account. Eyewitness testimony is a vital tool in convicting criminals but may not be accurate enough as a sole means of conviction.

Novartis Pharmaceutical Corporation Essay Example | Topics and Well Written Essays - 500 words

Novartis Pharmaceutical Corporation - Essay Example The ideas identified here are further polished and developed in the Novartis Foundation for Sustainable Development and then the finalized solutions to cure the sufferings of the humanity are turned into Novartis product line. The objectives of the growth and welfare go hand in hand throughout these stages. The company’s goals and objectives are in line with its mission and all initial goals and objective contribute towards the final mission of the company. A more than 50.6 billion dollar sale in 2010 provide Novartis the solid financial grounds to support its research activities, fulfillment of commitments towards people, patients, communities, and environment. This not only contributes to the making of a corporate citizenship face of the company but shareholders also yield an increase of 5% in dividends. Novartis portfolio is widening rapidly and recent mergers and business purchases are a symbol of company’s confident march towards success. The fruit of this growth r eaching end to end and employees’ commitment towards the growth of the business marks this fact. (Report, 2010).Aforementioned short description of the company helps us to conclude our discussions with a sufficient insight into the scale of Novartis business and operations. This helps us to select the company for the SLP project and preparation of a detailed case. Moreover, the available sources of information can lead to the in-depth study of the company which is the most exciting part of any SLP project.

Disscuction Article Example | Topics and Well Written Essays - 250 words - 1

Disscuction - Article Example Adoption or utilization of the new concepts illustrates either positive or negative aspects of the new opinion or concept. I accept data which challenge my present views. The challenging data provides very many alternative courses of action. For example, I presently believe that the main reason for education is knowledge development for employment purposes. But there are other significant views on benefits of education such as; developing entrepreneurship potential, ensuring innovation and creativity in society, and finally realizing good political governance through developing law abiding citizens. Accepting challenging data ensures understanding of the advantages and disadvantages of the view that I illustrate. For instance, my view on affirmative action is always positive. But there are shortcomings of affirmative action, for example, giving average employees in terms of competencies senior management positions in organizations. There are ideas that can challenge the comfort level that I am in currently; for example technological innovation ideas. New technology creates new processes. The emergence of the social networks has changed the way I communicate with friends. Because of busy work and education schedule, I mostly communicate with friends via Facebook and twitter

Unilateral and bilateral contracts Article Example | Topics and Well Written Essays - 2250 words

Unilateral and bilateral contracts - Article Example Unilateral and bilateral contracts The distinction between bilateral and unilateral contracts has been considered a fundamental principle of contract law and essential to the order of the contractual system. The focus of this analysis is to critically evaluate the theoretical legal dichotomy between unilateral and bilateral contracts and consider the practical similarities between the two. If we firstly consider unilateral contracts, the concept of a unilateral contract is illustrated by reference to a classic contract law case of Carlil v Carbolic Smoke Ball Limited4. In this case, the defendant was the proprietor of a medical substance and placed and advert in the Pall Mall Gazette promising to pay $100 to anyone who used the carbolic smoke ball for two weeks and who for a limited time after contracted the flu virus. Mrs Carlil took the substance and contracted the flu virus and sued for the $100. Mrs Carlil's claim succeeded and on appeal, Carbolic Smoke Ball Limited argued that the advert did not constitute an offer but was rather an invitation to treat. The Court of Appeal rejected this argument and held that there was a legally enforceable contract. The advertisement constituted an offer to the whole world and was capable of amounting to an offer of a unilateral contract without the requirement for acceptance. Moreover, this decision was the first case to highlight the requirement of intention to create legal relations. The Carlil decision had far reaching implications for contract law, with some commentators arguing that there is no difference between an â€Å"invitation to treat† and a contractual â€Å"offer†."invitation to treat" and a contractual "offer"5. The law of contract stipulates three fundamental requirements for the formation of a legally enforceable contract; namely; offer, acceptance and consideration (it is important to note that contracting parties must have legal capacity to enter into a contract). Lord Wilberforce presiding in the case of New Zealand Shipping Co Limited v A M Satterhwaite, The Eurymedon6 asserted the rule for contract formation thus: "English law having committed itself to a rather technical'' doctrine of contract, in application takes a practical approach''. Into the market slots of offer, acceptance and consideration7. An "offer" in the context of contract law has been described as "an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed, the "offeree.8" The "expression9" may take different forms and the intention element is an objective consideration and the case of Smith v Hughes 10emphasised the relevant consideration as being a focus on how a reasonable person would view the situation. Furthermore, the law distinguishes between an offer and an invitation to treat, which is not an offer but an indication of willingness to negotiate a contract11. For example, in the case of Gibson v Manchester City Council12, the words "may be prepared to sell" constituted an invitation to treat and not a distinct offer. Moreover, an invitation to treat is an action inviting others to make an offer. Whereas an offer is itself binding, accepting an invitation to treat is making an offer13. This is particularly evident in the construction industry where tender

Market Segmentation and Muslim Loyalty Assignment

Market Segmentation and Muslim Loyalty - Assignment Example The purpose of this literature review is to investigate published literature on general market segmentation theory, the impact of that segmentation practice upon loyalty and customer satisfaction within various constituencies, the application of those principles specifically to the Muslim community, as well as frame a research inquiry to test the theory of the segmentation approach to the Muslim market within a specific retail setting. Within any market, there are many different constituencies with commonalities in product need; and these varied customers can be divided or segmented into groups which may share a similar need for any particular product. As Claycamp and Massy point out, "markets and the customers who make up those markets are not homogeneous" (1968, p. 34), and any company utilizing a successful business model will need to group those customers according to their similarities so that products can be tailored to meet demand. As early as the middle of the 20th century, the idea of dividing a market into groups of customers who share a similar need or desire for a particular product, i.e., segmentation, was advanced (Smith, 1956, pp. 3-8). The principle of segmentation is relatively straightforward; by successfully targeting a specific consumer group with particular needs, the company can focus its product development and promotional strategies into meeting those needs and gain a competitive edge (Abel l, 1980, p. 8). While there are those who see an overemphasis on segmentation as "ironic" and "lead[ing]...in a direction that is opposite of what is really needed to build brand loyalty" (Anshuetz, 1997, p. 65), the vast majority of scholars would concur with Swenson that market segmentation experts are carefully regarded in the corporate world and that the "continued segmentation" of markets can certainly be expected to propel business forward "well into the twenty-first century" (1990, p. xiii). It should be noted that product differentiation is an important aspect of gaining market share and, because market segmentation should be used to increase the market share of a product within those segments as well, "product differentiation and market segmentation should be used together" (Greco, et al., 2003, p. 210). While these principles are true within domestic markets, they are particularly applicable to those companies engaged in international retail business. As Craft notes, prior to the mid-1970s, "market segmentation was viewed primarily as a domestic strategy" (2004, p. 40) and there was little scholarship with regard to international marketing theory. In 1972, however, Wind and Douglas recognized the nature as well as direction of global business and argued that segmentation was not just for domestic sales, but might be even more important in international markets due to the fact that they are more diverse (1972, pp. 17-25). As will be demonstrated in subsequent sections, the segmentation of the Muslim market by international companies, particularly those in the retail grocery industry, is critical. In Craft's study, it was noted that the organizations under

An Election of Monumental Change Essay Example | Topics and Well Written Essays - 1000 words

An Election of Monumental Change - Essay Example A "hot button" issue for many in the United States is the ongoing Us-led conflict in Iraq which has been going on since March 2003. This is one of the areas which Senator Obama has wished to distinguish himself from his other Senators in that unlike Senator's Clinton and McCain, Obama has not given as much leeway in the form of senatorial votes in favor of President Bush's defense budget, while on the other hand both Senator Clinton, as well as Senator McCain, have voted in both sides of the issue. In an era where the American people are looking for hope and this year looking to elect a new President, the two candidates to observe are Senator Barak Obama of Illinois and Senator Hillary Clinton of New York. Since the September 11, 2001 terrorist attacks, the US has taken it upon itself to adopt a pre-emptive measure as it comes to defending itself, as well as defending its role in international relations with the rest of the world. ... from the start, he says there is "no military solution" to the situation in Iraq," Adding that, "In January 2007, Obama proposed the Iraq War De-Escalation Act of 2007, which would reverse the troop surge and redeploy U.S. troops to Afghanistan and other locations in phases. He favors more funds for U.S. military equipment like night-vision goggles and reinforced Humvees, though his recent refusal to sign a war funding bill came under criticism from presidential aspirant John McCain (R-AZ), who, among other things, accused the senator of misspelling "flak jacket." Under Obama's plan, there may be a residual troop presence (NYT) in Iraq for security and training purposes. His bill has not yet been voted on," (CFR 3/18/2008). In regards to Senator Clinton, her candidacy comes with the inevitable comparison, as well as what some would call "baggage", from the 8 years in office which her husband spent. "Sen. Clinton (D-NY) supported the invasion of Iraq at its advent, but now opposes it and claims that as president, she would end the war. Clinton opposed the 2007 escalation of the war. In early 2007, Clinton proposed the Iraq Troop Protection and Reduction Act. That bill, which would have prevented an increase in troops in Iraq above the level of January 1, 2007, had no cosponsors and never reached a vote," Elaborating further that, "Clinton also opposes the establishment of permanent military bases in Iraq, although she, like Biden, does expect there to be a need for a "reduced residual force," perhaps stationed in Iraqi Kurdistan, even after troop redeployment. Clinton cosponsored Sen. Joe Biden's Iraq War Policy resolution in January 2007. In 2002, Clinton voted in favor of the invasion of Iraq, and has been widely criticized for her refusal to apologize for that

Religion and Theology Essay Example | Topics and Well Written Essays - 2000 words

Religion and Theology - Essay Example From this research it is clear that  one of the important aspects is to create a rapport with the needy person to enable them to open up. A pastoral care worker can only provide a remedy, if they have a perfect understanding of the problems or the pain the needy person is experiencing. A pastoral care provider must seek to know vital information regarding the problem the needy person is facing. This according to my inductors can only be achieved if the pastoral care worker creates an appropriate environment in which the needy person will cooperate exemplary. The success of pastoral care will rest hugely on the skills of the pastoral worker’s skills in manoeuvring different situations.This study outlines that  pastoral care is therefore as structured process, which requires the pastoral workers to employ their skills and Christian teachings to resolve the different situations. From my field experience, tutoring is an imperative stage, which provides the workers with initial skills to help them navigate some of the problems that may hinder the success of this form of counselling or care. Irrespective of the setting of the pastoral care, induction into the imperative aspects of practise is essential for any new pastoral worker.  For one to receive pastoral care, he/she must come to the church and register. This is the system the church has established to enable proper management of the program. In addition, the church leadership may also identify people who they feel need pastoral care despite not being members of the church.