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Read the article located in the course shell titled, “The Problem with Eyewitness Testimony: A talk by Barbara Tversky, Professor of Psychology and George Fisher, Professor of Law”. Next, explain two (2) major issues that you can identify as it relates to lineups and other means of pretrial identification.
Discuss two (2) situations in which you feel that Miranda warnings are not required as it relates to arrest, custody, and interrogation.
RESPOND TO FOLLOWING STATEMENT:
After reading the article on problems with eye witnesses is biases and memory issues. When a person recounts an incident they are told about or witness they tend to be unable to tell the story in a neutral manner and end up distorting the information in doing so. When retelling a story a person cannot help but to add their own preferences and biases to it and in some instances end up giving more false information than accurate information. The article spoke about a person being confident in recounting an instance not realizing how they have altered it. Memory also plays a part because after time and the growth of information memory may become fuzzy or biased. It is said that witnesses in a court case may alter their testimony in favor of the first listeners. When a person witnesses a crime they are more likely to remember the incriminating details of the event.
Miranda rights are basically explaining to a person that is going to be arrested what their rights are including the right to remain silent and the right to counsel along with checking to make sure they person understands their rights. But there are times when Miranda rights are not needed and that would be when the person is already in police custody and when the person is under interrogation. Police custody basically means being arrested. In the terms of interrogation a persons id is requested but they have not been placed in custody.