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Psy 3001, Chapter 2, Online
Psy 3001, Chapter 2, Online
CHAPTER (2)
TESTIMONY AND THE COURTROOM
LEARNING OBJECTIVES
1.0 INTRODUCTION
When anyone witnesses a crime, an accident, or any event relevant to a
legal matter, he or she may later be required to testify about what was seen or
heard. Research on testimony indicates that eyewitnesses are frequently wrong.
Even the most honest and well-meaning citizen may be totally inaccurate when
asked to remember the details of a past event or to identify a suspect. Experiments
indicate that witness accuracy is decreased if there is a weapon in the suspect's
hand (Tooley et al., 1987), if the suspect belongs to a racial or ethnic group
different from that of the witness (Platz & Hosch, 1988), and if those questioning
the witness make misleading suggestions (Lindsay & Johnson, 1989; Wells &
Loftus, 1984).
Though legal experts are well aware that eyewitnesses may be mistaken,
the U.S Supreme Court has ruled that eyewitnesses can be considered credible if
they express certainty about their testimony.
Accurate testimony in court will depend upon the accuracy with which the initial
observations are made. Factors that can distort the original impressions are
sensory factors such as vision, auditory, taste and smell, expectations and
attentions, emotions, age and intelligence.
1.1.1 Vision
Common visual defects may prevent clear observation. For example, a near-
sighted person without his corrective lens cannot be expected to give unshakeable
evidence of events, which occur at some considerable distance. Conversely, far-
sighted persons have difficulty in making fine discriminations at distances within
arm's length. Colour blindness also may distort some testimony although the
witness may not be aware of it.
1.1.6 Age
The accuracy of children's testimony has been the object of much investigation.
Some courts place high confidence in the reports of children on the assumption that
they are sincere and have not yet learned the art of deceit. However it is a known
fact that children frequently confuse imagined experiences with reality, and also
the children unknowingly accept unintended subtle suggestions that distort the
evidence. But on some occasions children may maintain their independence of
thought in the face of persistent opposition. Thus it has been proposed that all
children's testimony be taken out of court by experienced child psychologists, who
would be able to detect factors that would tend to distort the report and to elicit a
true account.
1.1.7 Intelligence
1.2.1 Memory
Occasionally, there are unusual conditions that take place between observation
and recall which cause distortions in memory. Rumours or testimony of other
observers may have unhappy effects on the witness. Also, number of times a
person is called upon to repeat his testimony may affect his feelings of certainty
concerning it.
The question “Is the witness telling the truth?” is a recurring theme in nearly
every courtroom scene. The search for reliable indexes of deception has a long
past. There have been many ways to break the “will to deceive.” But the
psychologist feels that it is not necessary to break the will to deceive but to find
out whether he was lying or not, by using the modern apparatus like lie-detector
and psychogalvanometer which can record and measure the physiological changes
which accompany emotion. The assumption is that the person under examination
will be more emotionally disturbed when he tells lies than when he is telling the
truth. This assumption has been attacked at times on the grounds that if a suspected
but innocent person, is subjected to a truth test he will become tense, responding
emotionally to questions put to him. This fact also to a certain extent is true, but if
the examiner can give maximum reassurance and protection there will be a
relieving of pressures. In other words considerable skill is required on the part of
the examiner to control the examining situation and interpret the records. However
alternations in skin resistance, blood pressure, breathing pattern, eye steadiness
have proved of significance in diagnosis of truth and falsehood in innumerable
cases.
9
the greater would be its effectiveness. Studies have shown that severe punishment
throws the organism into a panic and thus becomes uncoordinated and fails to
progress. They become bitter and resentful and moved farther away from
reformation. The most important point is that the correctional measures should
stimulate the kind of self-confidence which enables a person to discipline himself
in the future.
4.0 SUMMARY
Accurate testimony in court will depend upon the accuracy with which the
initial observations are made. Factors that can distort the original impressions
include sensory factors such as vision, auditory, taste and smell, expectations and
attentions, emotions, age and intelligence.
There have been many ways to break the “will to deceive.” But the
psychologist feels that it is not necessary to break the will to deceive but to find
out whether he was lying or not, by using the modern apparatus like lie-detector
and psychogalvanometer which can record and measure the physiological changes
which accompany emotion. In the treatment of offenders, from the psychological
point of view, the focus should be placed on finding ways to have the individual
unlearn his criminal habits and value, and learn to behave in a manner acceptable
to the law.
KEY QUESTIONS
GLOSSARY
crime jypfrI
testimony oufaotaxmuftxm;
recall jyefvnfawG;odjcif;
deceptions vSnhfzsm;rIrsm;
offenders jypfrIusL;vGefolrsm;
vengeance *vJhpm;acsrI
lie-detector, rkom;azmfu&d,m
psychogalvanometer pdwfvQyfppfprf;oyfwdkif;wmu&d,m