WRONGFUL CONVICTION OF STEVEN AVERY BASED ON EYEWITNESS

TESTIMONY

Reflection:

1. Imagine that you are Penny Beernsten. What factors (physical and psychological)
might have influenced the incorrect identification of Steven Avery?

Factors that might have influenced Penny Beernsten incorrectly identifying Steven Avery
as the perpetrator would include the physical conditions where the crime happened. The wooded
area, where the perpetrator assaulted and raped Penny, was probably dimly lit since it was late
afternoon. When the police listened to her for the perpetrator's physical descriptions, they
provided a nine-option photo array. Steven's photo was included in that array, owing to previous
crimes committed. Penny likely misidentified Steven as Gregory Allen, with the latter closely
resembling the former. Moreover, she sustained some injuries in the eyes, which diminished her
sense of sight.

Penny was traumatized by that incident. It was possible that the traumatic incident
affected her memory recall. Mason & Lodrick (2013) suggested that traumatic experiences may
hamper a person accurately integrating an experience, which affects their statement's coherence.
While Penny may have remembered something, she may have misremembered some details due
to the psyche-shattering experience.  

2. Imagine you are the judge and prosecutor in the case:

What are some reasons why you would likely believe Penny Beernsten (even though it
was the only evidence in the case?

As a judge and prosecutor, I'm more likely to direct my sympathies to the victim. The
other reason why I am more likely to believe Penny Beersten's statements would lie in the social
status contrast between her and Steven Avery. The Avery clan resides in Manitowoc County,
Wisconsin. They were seen as outsiders in the community, and a possible own group bias plays a
factor in my difficulty to relate with him. I also fear the possible backlash that comes with
empathizing with Steven; people from my social strata that include Penny's family might react
negatively to that behavior (Eisenber, Eggum, & Di Giunta, 2010). Acting in opposition to my
group's interest might ruin my career, so I would choose to side with Penny to preserve my social
standing.   

3. Imagine you are Steven Avery. How would you feel after serving 20 years for crimes
you did not commit?

If I were Steven Avery, I would feel angry and frustrated with the justice system's failure
to protect people like me. I would also go somewhere else and leave Wisconsin for good. I
would avoid anything that would trigger any memory related to that incident.
4. Who else was impacted by this wrongful conviction?

The wrongful conviction impacted families from both parties. The Beernsten family
initially thought that justice was served for them, but after the wrongful conviction, it probably
reopened old wounds they thought were already healed. The Avery family, on the other hand,
remains severely impacted by that wrongful conviction. Steven's children initially lost their
father, and his wife lost a husband after their eventual divorce.  

The case also affected how people perceive the judicial system and its corruption (Del
Visco, 2016). After a famous company streamed a series about this case, some people even took
action in helping Steven Avery escape against the charges (Golob, 2018).

Application:

1. What are some reasons why people are inaccurate eyewitnesses?

The signal detection theory provides a framework in explaining why people are
inaccurate eyewitnesses. The person who sees the crime incident perceives many objects to
various degrees. These objects possess characteristics that enable the witness to quickly or hardly
remember it. Aside from that, the witness himself or herself also possesses characteristics that
help or hinder his or her perception. With these factors, the person has to decide to share what he
or she remembers. 

Personal factors influence an eyewitness' capability to offer accurate reports. Subjectivity

and personal biases affect how a person attributes specific characteristic to a face. An eyewitness
may struggle in recalling an unfamiliar face. Moreover, own group bias also influences how a
person perceives another individual belonging to a different social status, race, or religion.
Specifically, accurate face recognition hinges on the target's social category presentation during
encoding (Young, Bernstein, & Hugenberg, 2010). 

Law enforcement can rely on women to provide a better eyewitness report, but people,
regardless of gender, perform poorly in recalling in stressful scenarios. When it comes to age,
young children and the elderly are more likely to make false positives and false negatives.
The criminal event and its setting also affect an eyewitness's testimony. The farther a person to
the incident, the more inaccurate the report he or she gives. Another factor, the lighting at the
crime scene, also influences a testimony's accuracy. Even the time it took for a person to witness
the crime and related events also plays a part in the statement's correctness. A traumatic incident
may also deter an eyewitness from effectively integrating relevant information for a statement in
identification procedures and even in court (Mason & Lodrick, 2013). 

Disguise and the perpetrator's appearance are significant factors that affect an
eyewitness's testimony. The culprits may consciously alter something in their face or clothing to
misdirect other people's attention. It also would not help to ask an alcohol or drug intoxicated
person at the scene of the crime, as their physical condition reduces their ability to recall. Seeing
a weapon also induces stress in the person, which subsequently impairs their memory recall too.  

Another factor worth considering comes from law enforcement's involvement.

Conducting delayed interviews diminishes a statement's accuracy; over time, memory retrieval
becomes difficult. Even the interviewing technique utilized also affects a statement's quality
since it can leave out or add details to the whole story. Inconsistencies may also appear when
authorities force a person to narrate the incident multiple times. 

Investigating bodies may employ memory-refreshing techniques to help an eyewitness

remember further details but doing so exposes the person to suggestibility that increases possible
false memory development. Authorities also create composite sketches based on an eyewitness's
statements. However, these do not contribute a lot to the investigation since an observer's
statements may not accurately resemble the perpetrator. Lineups for criminal identification also
come with biases that may render the process useless at worst. 

Exposure to postevent information can also alter an eyewitness' statement about what
happened. In the same manner, asking an observer to undergo various identification procedures
repeatedly can put the person into a false state of confidence even if the memory's accuracy
remains dismal. Instructions received by a witness before an identification procedure subtly
influence an eyewitness's ability to recall also. 

2. As the expert witness in the case, what data are you supposed to gather to make a good
judgment of the case?

Collecting all pertinent information seems impossible but getting all necessary documents
will help solidify one's statement in court as an expert witness. All information coming from the
eyewitnesses will provide the needed details regarding the case. Details about the perpetrator, the
reports coming from the police, and various testimonies must be collected about the case. Other
information that would also help include information coming from the social media postings,
media interview footage, and other documentation about the identification process. Identification
procedures that yielded nothing can also help in diminishing false positives. The lawyer can also
provide information one needs about the case.    
References:

Del Visco, S. (2016). Legality and the Spectacle of MurderSeries directed and written by
RicciardiLauraDemosMoira. Series produced by
RicciardiLauraDemosMoiraNishimuraLisaDel DeoAdam. Humanity & Society, 40(2),
212-214. https://doi.org/10.1177/0160597616639624

Eisenberg, N., Eggum, N., & Di Giunta, L. (2010). Empathy-Related Responding: Associations
with Prosocial Behavior, Aggression, and Intergroup Relations. Social Issues And Policy
Review, 4(1), 143-180. https://doi.org/10.1111/j.1751-2409.2010.01020.x

Golob, Brandon (2018) "UN-MAKING A MURDERER: NEW MEDIA’S IMPACT ON

(POTENTIAL) WRONGFUL CONVICTION CASES," California Western Law
Review: Vol. 54 : No. 1 , Article 5. 

Mason, F., & Lodrick, Z. (2013). Psychological consequences of sexual assault. Best Practice &
Research Clinical Obstetrics & Gynaecology, 27(1), 27-37.
https://doi.org/10.1016/j.bpobgyn.2012.08.015

Weiner, I., & Otto, R. The handbook of forensic psychology (4th ed., pp. 516-547). Wiley.

Young, S. G., Bernstein, M. J., & Hugenberg, K. (2010). When Do Own-Group Biases in Face
Recognition Occur? Encoding versus Post-Encoding. Social Cognition, 28(2), 240–250.
doi:10.1521/soco.2010.28.2.240
 CYBERSEX CRIME ON MINORS

Reflection:

1. Imagine you are one of the minor “rescued”. What emotions do you think they she is
experiencing growing up in her kind of home and being “trafficked” by her own
parents and relatives as a child and seeing other children trafficked with her?

As the minor "rescued," I would feel angry, sad, and happy all at the same time. I would
feel angry because my parents used me as their income source instead of working legally to
provide for the family. The fact that they allowed these pedophiles to use me for their
gratification infuriates me further. I would also feel sad because my siblings and I would get
separated from each other with my parents' apprehension. The possibility of not seeing them
again saddens me more. I would also feel happy that sex trafficking has ended and that I can
normally live my life as a child. Knowing that I am now free from those pedophiles also makes
me happy.

2. Imagine the role of their pimp (parents, relatives etc). The pimp is the person who
controls the sex slaves. How do you think the pimp rationalizes their awful behavior?
What are they motivated by? What should their punishment be?

The parents rationalized the trafficking's necessity by focusing more on the gains than the
losses. Sexually trafficking the children for them provided the money needed for purchasing
different basic needs. It provided them a means for easy money, believing that no harm was done
to their children. As a punishment, I think the state should strip them of their right as parents to
their children. While possible reconciliation in the future seems possible, the state must protect
the children from people like them. Imprisonment with parole seems fair for people like them. If
they engage in cybersex after their release, life imprisonment seems reasonable.

3. Imagine the role of the men who rape them (though virtually). How do you think they
rationalize their behavior? What are they motivated by? What should their punishment
be?

These pedophiles seek to gratify their debaucherously desires. They see these children as
objects that can satiate their sexual cravings. Their desire to dominate the object of their desire,
the children, motivates them to commit these criminal acts. They probably struggle with finding
other adults who would engage in sexual acts with them. Hence, they target children from
impoverished backgrounds.  As a punishment, the state should commit these pedophiles to a
psychiatric facility for their treatment. If they commit the act again, law enforcement agencies
should apprehend them for life imprisonment.
Application:

1. What psychological impacts are likely for those minors who were trafficked?

The Institute of Medicine and National Research Council (2013) provided a

comprehensive list regarding Commercial Sexual Exploitation and Sex Trafficking's impacts and
consequences for those minors who were trafficked, based on studies and reports. Sex trafficking
affects the minor's physical health. Women who had sex trafficking history reported having
somatization disorders, gastrointestinal symptoms, physical functioning impairments, and
cardiovascular problems. Men with similar histories mainly reported having cardiovascular
problems. The council also documented sexually transmitted infections, chronic pelvic pain and
sexual dysfunction, and gynecological disorders among women with a sexual abuse history.
They also found higher rates of substance abuse and addiction from these individuals. Sexually
exploited adolescents, in particular, were vulnerable to negative mental health outcomes like
affective disorders and low self-esteem, which persist into adulthood.  Sprang & Cole (2018)
found higher self-reported post-traumatic stress, dissociation, and anxiety scores. They also
reported internalizing and externalizing behaviors and elevated arousal and avoidance levels
among the adolescents in their study. Their research also found high suicide attempt rates among
these young people. When it comes to social functioning, women who experienced sexual
exploitation struggled with intimate relationships, education, and work. The adolescent victims,
specifically, had difficulties with trusting other people. In connection, these outcomes also serve
as factors that prevent these victims from exiting sex trafficking. Outcomes like abusive
relationships, crime, housing problems, unemployment, single parenthood, drug dependency, and
financial difficulties, in general, perpetuate their involvement in this illegal activity.

2. What psychological treatments/interventions would be helpful for them?

Due to this population's complex social, psychological, and physical needs, responders
should treat them with special considerations. Hopper (2016) recommends the Multimodal Social
Ecological approach. As the name suggests, this trauma-informed framework targets systems,
social-environmental, and individual levels utilizing interventions that focuses on psychosocial
health. Another framework recommended, the ARC (Attachment, Regulation, and Competency),
works well for those complexly traumatized youth. Other commonly utilized psychological
interventions include eye movement desensitization and reprocessing narrative exposure therapy,
and cognitive-behavioral therapy. Psychologists usually utilize these interventions for individuals
with PTSD and depression (Hemmings, Jakobowitz, Abas, Bick, Howard, Stanley, & Oram,
2016). 

3. As the expert witness in the case, what data are you supposed to gather to make a good
judgment of the case?
 As a forensic psychologist to a case, one should start with evaluating the caregivers.
Forensic psychologists collect information regarding the parents' relationship with the child.
They look at the parent's ability to provide for the child's needs and their response to abuse
allegations. Interviewing the child comes next. Forensic psychologists get to know the child well.
They gather information concerning the child's family relations, experiences at school, and even
their response to possible changes in their usual routine. A parent-child observation comes next.
The forensic psychologist observes possible differences between what the child and parents said
in the interview, with the actual observation. Scrutinizing the child-parent bond will help the
judge in deciding the better outcome for the child. The next part is conducting Psychological
Testing for the parents and the child. These tests will determine their psychological and
behavioral functioning. Forensic psychologists use the MMPI-2, for example, to collect
quantifiable data. Reviewing Collateral information will also help in completing the report.
Forensic psychologists interview other professionals like Guidance Counselors, Developmental
Pediatrician, and the child's teachers. Writing the report is the next task done by a forensic
psychologist. It will contain reports about the parents, child, and collateral information. It will
also contain the results' analysis and recommendations. The recommendations contain who will
get the legal custody and the child's interventions, especially concerning the substance or
domestic abuse.    
References:

Hemmings, S., Jakobowitz, S., Abas, M., Bick, D., Howard, L., & Stanley, N. et al. (2016).
Responding to the health needs of survivors of human trafficking: a systematic review.
BMC Health Services Research, 16(1). https://doi.org/10.1186/s12913-016-1538-8

Hopper, E. (2016). Polyvictimization and Developmental Trauma Adaptations in Sex Trafficked

Youth. Journal Of Child & Adolescent Trauma, 10(2), 161-173.
https://doi.org/10.1007/s40653-016-0114-z

IOM (Institute of Medicine) and NRC (National Research Council). 2013. Confronting
commercial sexual exploitation and sex trafficking of minors in the United States.
Washington, DC: The National Academies Press.

Sprang, G., & Cole, J. (2018). Familial Sex Trafficking of Minors: Trafficking Conditions,
Clinical Presentation, and System Involvement. Journal Of Family Violence, 33(3), 185-
195. https://doi.org/10.1007/s10896-018-9950-y

Weiner, I., & Otto, R. The handbook of forensic psychology (4th ed., pp. 237-270). Wiley.