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Eyewitness Testimony
Eyewitness testimony is the account a bystander or victim gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. Ideally this recollection of events is detailed; however, this is not always the case. This recollection is used as evidence to show what happened from a witness' point of view. Memory recall has been considered a credible source in the past, but has recently come under attack as forensics can now support psychologists in their claim that memories and individual perceptions can be unreliable, manipulated, and biased. As a result of this, many countries, and states within the United States, are now attempting to make changes in how eyewitness testimony is presented in court. Eyewitness testimony is a specialized focus within cognitive psychology. Reliability Psychologists have probed the reliability of eyewitness testimony since the beginning of the 20th century. One prominent pioneer was Hugo Münsterb ...
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Cognitive Psychology
Cognitive psychology is the scientific study of human mental processes such as attention, language use, memory, perception, problem solving, creativity, and reasoning. Cognitive psychology originated in the 1960s in a break from behaviorism, which held from the 1920s to 1950s that unobservable mental processes were outside the realm of empirical science. This break came as researchers in linguistics and cybernetics, as well as applied psychology, used models of mental processing to explain human behavior. Work derived from cognitive psychology was integrated into other branches of psychology and various other modern disciplines like cognitive science, linguistics, and economics. History Philosophically, ruminations on the human mind and its processes have been around since the times of the Ancient Greece, ancient Greeks. In 387 BCE, Plato had suggested that the brain was the seat of the mental processes. In 1637, René Descartes posited that humans are born with innate ideas and ...
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Alfred Binet
Alfred Binet (; ; 8 July 1857 – 18 October 1911), born Alfredo Binetti, was a French psychologist who together with Théodore Simon invented the first practical intelligence test, the Binet–Simon test. In 1904, Binet took part in a commission set up by the French Ministry of Education to decide whether school children with learning difficulties should be sent to a special boarding school attached to a lunatic asylum, as advocated by the French psychiatrist and politician Désiré-Magloire Bourneville, or whether they should be educated in classes attached to regular schools as advocated by the Société libre pour l'étude psychologique de l'enfant (SLEPE) of which Binet was a member. There was also debate over who should decide whether a child was capable enough for regular education. Bourneville argued that a psychiatrist should do this based on a medical examination. Binet and Simon wanted this to be based on objective evidence. This was the beginning of the IQ test. ...
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Testimony
Testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. Law In the law, testimony is a form of evidence in which a witness makes a "solemn declaration or affirmation ... for the purpose of establishing or proving some fact". According to Bryan A. Garner, the editor of '' Black's Law Dictionary'', the word "testimony" is properly used as a mass noun (that is, always uninflected regardless of number), and not a count noun. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. Historically, to be admissible in court and to ensure maximum reliability and validity, written testimony presented in the form of an affidavit (i.e., the witness would not be appearing in court at the hearing at which the affidavit was considered as evidence) was usually witnessed by anot ...
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Philosophy Of Science
Philosophy of science is the branch of philosophy concerned with the foundations, methods, and implications of science. Amongst its central questions are the difference between science and non-science, the reliability of scientific theories, and the ultimate purpose and meaning of science as a human endeavour. Philosophy of science focuses on metaphysical, epistemic and semantic aspects of scientific practice, and overlaps with metaphysics, ontology, logic, and epistemology, for example, when it explores the relationship between science and the concept of truth. Philosophy of science is both a theoretical and empirical discipline, relying on philosophical theorising as well as meta-studies of scientific practice. Ethical issues such as bioethics and scientific misconduct are often considered ethics or science studies rather than the philosophy of science. Many of the central problems concerned with the philosophy of science lack contemporary consensus, including whether ...
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Cognitive Psychology
Cognitive psychology is the scientific study of human mental processes such as attention, language use, memory, perception, problem solving, creativity, and reasoning. Cognitive psychology originated in the 1960s in a break from behaviorism, which held from the 1920s to 1950s that unobservable mental processes were outside the realm of empirical science. This break came as researchers in linguistics and cybernetics, as well as applied psychology, used models of mental processing to explain human behavior. Work derived from cognitive psychology was integrated into other branches of psychology and various other modern disciplines like cognitive science, linguistics, and economics. History Philosophically, ruminations on the human mind and its processes have been around since the times of the Ancient Greece, ancient Greeks. In 387 BCE, Plato had suggested that the brain was the seat of the mental processes. In 1637, René Descartes posited that humans are born with innate ideas and ...
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Nature (journal)
''Nature'' is a British weekly scientific journal founded and based in London, England. As a multidisciplinary publication, ''Nature'' features Peer review, peer-reviewed research from a variety of academic disciplines, mainly in science and technology. It has core editorial offices across the United States, continental Europe, and Asia under the international scientific publishing company Springer Nature. ''Nature'' was one of the world's most cited scientific journals by the Science Edition of the 2022 ''Journal Citation Reports'' (with an ascribed impact factor of 50.5), making it one of the world's most-read and most prestigious academic journals. , it claimed an online readership of about three million unique readers per month. Founded in the autumn of 1869, ''Nature'' was first circulated by Norman Lockyer and Alexander MacMillan (publisher), Alexander MacMillan as a public forum for scientific innovations. The mid-20th century facilitated an editorial expansion for the j ...
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National Academy Of Sciences
The National Academy of Sciences (NAS) is a United States nonprofit, NGO, non-governmental organization. NAS is part of the National Academies of Sciences, Engineering, and Medicine, along with the National Academy of Engineering (NAE) and the National Academy of Medicine (NAM). As a national academy, new members of the organization are elected annually by current members, based on their distinguished and continuing achievements in original research. Election to the National Academy is one of the highest honors in the scientific field in the United States. Member of the National Academy of Sciences, Members of the National Academy of Sciences serve ''pro bono'' as "advisers to the nation" on science, engineering, and medicine. The group holds a congressional charter under Title 36 of the United States Code. Congress legislated and President Abraham Lincoln signed an Act of Congress (1863) establishing the National Academy of Sciences as an independent, trusted nongovernmen ...
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New Jersey Supreme Court
The Supreme Court of New Jersey is the supreme court, highest court in the U.S. state of New Jersey. In its current form, the Supreme Court of New Jersey is the final judicial authority on all cases in the state court system, including cases challenging the validity of state laws under the New Jersey State Constitution, state constitution. It has the sole authority to prescribe and amend court rules and regulate the practice of law, and it is the arbiter and overseer of the United States congressional apportionment, decennial legislative redistricting. One of its former members, William J. Brennan Jr., became an associate justice of the Supreme Court of the United States. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776. As currently constituted, the court replaced the prior New Jersey Court of Errors and Appeals, which had been the highest court created under the Constitution of 1844.Jeffrey S. Mand ...
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Eyewitness Identification
In eyewitness identification, in criminal law, evidence is received from a witness "who has actually seen an event and can so testify in court". The Innocence Project states that "Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing." This non-profit organization uses DNA evidence to reopen criminal convictions that were made before DNA testing was available as a tool in criminal investigations. Even before DNA testing revealed wrongful convictions based on eyewitness identifications, courts recognized and discussed the limits of eyewitness testimony. The late U.S. Supreme Court Justice William J. Brennan, Jr. observed in 1980 that "At least since ''United States v. Wade'', 388 U.S. 218 (1967), the Court has recognized the inherently suspect qualities of eyewitness identification evidence, and described the evidence as "notoriously unreliable", while noting that ...
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Innocence Project
Innocence Project, Inc. is a 501(c)(3) nonprofit legal organization that works to exonerate the wrongly convicted through DNA testing and other forms of post-conviction relief, as well as advocates for criminal justice reform to prevent future injustice. The group cites various studies estimating that in the United States between 1% and 10% of all prisoners are innocent. The Innocence Project was founded in 1992 by Barry Scheck and Peter Neufeld, who gained national attention in the mid-1990s as part of the " Dream Team" of lawyers who formed part of the defense in the O. J. Simpson murder case. , the Innocence Project has successfully overturn more than 300 convictions through DNA-based exonerations. In 2021, the Innocence Project received the biennial Milton Friedman Prize for Advancing Liberty by Cato Institute, awarded in recognition and gratitude for its work to ensure liberty and justice for all. In March 2022, The Innocence Project won two Webby Awards for its ''Happi ...
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Cognitive Interview
The cognitive interview (CI) is a method of interviewing witness, eyewitnesses and victims about what they remember from a crime scene. Using four memory recall, retrievals, the primary focus of the cognitive interview is to make witnesses and victims of a situation aware of all the events that transpired. The interview aids in minimizing both misinterpretation and the uncertainty that is otherwise seen in the questioning process of traditional police interviews. Cognitive interviews reliably enhance the process of memory retrieval and have been found to elicit memories without generating inaccurate accounts or confabulations. Cognitive interviews are increasingly used in police investigations, and training programs and manuals have been created. History In 1975, the RAND Corporation completed a study on criminal-investigations. The study found that the testimony of an eyewitness was an important determinant in whether the case was solved or not. However, it has been found that man ...
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Flashbulb Memory
A flashbulb memory is a vivid, long-lasting memory about a surprising or shocking event. The term flashbulb memory suggests the surprise, indiscriminate illumination, detail, and brevity of a photograph; however, flashbulb memories are only somewhat indiscriminate and are far from complete. Evidence has shown that although people are highly confident in their memories, the details of the memories can be forgotten. Flashbulb memories are one type of autobiographical memory. Some researchers believe that there is reason to distinguish flashbulb memories from other types of autobiographical memories because they rely on elements of personal importance, consequence, emotion, and surprise. Others believe that ordinary memories can also be accurate and long-lasting if they are highly distinctive, personally significant, or repeatedly rehearsed.Neisser, U. (1982). "Snapshots or benchmarks", Memory Observed: Remembering in Natural Contexts, ed. 43–48, San Francisco: Freeman Flashbul ...
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