Eye witness accounts:
This article is written for all medical doctors who provide expert testimony, for all attorney’s, for all levels of judges (and their support teams including magistrates, ad Litums, et al.). It materially should cause legitimate concern as regards issues directly related to eye witness testimony. This article is written in view of nearly 250 major felony conviction cases which have been overturned based upon, reliable, undisputable forensic evidence.
EYE WITNESS ACCOUNTS
For 13,000 years or more, advanced medical philosophies and behavioral psychologies have tried to quantify and/or qualify the mind and memory. This is especially true for the Greek philosophers and their unique, advanced, medical care support establishment; especially knowledge about the brain, its biology, chemicals affecting its functioning and its inner core functioning with rational thinking and/or memories. What may seem unique to some of you is that this unique perspective was also extremely highly evolved all around the world (within many societies and religions); with unique skills practiced by monks, shaman, and medicine men and women or their assigned acolytes. Near Death Experience (NDE/OBE/STE and After-Effects) researchers, and other scientists (practitioners/experts) have successfully been able to separate the mind and it’s individual memories. Man (especially modern man) and his mentors, his teachers, his historians, his doctors, his colleagues, and special friends and companions have been in constant shock and awe of man’s ability to evolve through an individual search for excellence.
Each person has a unique physicality, an special acumen, a useful life with unique challenges within themselves. Yet, within the world of atomic particles, quantum physics, so-called normal brain waves/function, sharing between or within the hemi-sync areas of the brain, information transfer between neurons (and their unconnected synapse’s), lifestyle, even aging there is no true replicatable, duplicateable, models especially for that excellence. It is that it is…remarkable or enlightened. Our memory is now able to be remarkably augmented by our new information age tools, protocols, software, logic, hardware primarily developed within the last 60 years; post Dr. Abraham Maslow’s (and most of the master psychologists, psychiatrists); his “3rd Psychology”.
We do study and acknowledge human mental deficits, behavioral bridges and/or deviations; but, only recently, are we beginning to understand, with absolute certainty that eye witness accounts are, forensically speaking, easily tainted (fruit of the poisoned tree), materially un-reliable, statistically flawed – even when rendered by honest, well meaning, witnesses and/or law enforcement personnel.
Dementia (mentally challenged and/or worse challenged) is rampant with individual - advanced sexually transmitted diseases such as with syphilis and AIDS; especially in their later stages. Hospice, and other kind hearted medical care providers including Rekei healers, spiritual “hands-on healers”, many traditional doctors and healers do what they can do to help. By 2010, more than half of long-term care residents will have dementia.
Current studies show medical care staff trained specifically in dementia care are able to provide a better quality of life for residents and have increased confidence, productivity and job satisfaction. Much more practical knowledge is expected to become mainstream treatment in critical care, rehabilitation care and in follow-up and follow-on maintenance for other mental conditions including, but not limited to Narcissistic Personality Disorders (NPD’s), closed-head brain Injuries, PTSD and for all individuals having to deal with sexual abuse/trauma, rape, incest, aggravated assaults, and much more.
Note #1: Alzheimer’s Association dementia care training program(s) for residential communities give direct care staff the specialized knowledge and skills to be more productive and deliver a much higher quality of dementia care. Yet, other factors including severe pain, environmental conditions/living conditions, and fear - often also play a major part in individual wellness from this doctors considered opinion.
Note #2: Treatment and medical protocols must be tailored to meet individual state regulations; and, all federal DRG code, billing, expert witness and report requirements and/or regulations.
By 2009, about 250 major (Class A) felony convictions have already been overturned. It is fortunate that each one of these convictions were overturned based primarily upon scientifically reliable data - including DNA evidence. What is unfortunate or worse is that the individuals involved often have spent a significant portion of their lives in high security incarceration with virtually no adequate rehabilitation or reliable counseling. What is, perhaps, much more unfortunate is that in each and every one of these significant, often extremely high profile felony convictions, had materially relied upon…“eye witness” testimony.
Whenever a victim testifies, under oath, against an alleged perpetrator, as you might deduce, it nearly always results in a conviction; accompanied by a long term incarceration. What is so very wrong within the current court system is that “eye witness” line-ups are still conducted by one or more of the lead detectives instead of by some neutral third party; who is totally unfamiliar with any of the case parameters.
General Note: in my professional opinion, as a Forensic Psychologist and as a sworn ad Litum – that this situation is a material error which alone may be significant or reasonable grounds for appeal(s) and/or for dismissal(s) on its own specific merits.
Additionally, in my own review of each (and I believe in every case) of the aforementioned 250 major (Class A) felony convictions, as near as I can determine, never - even one time was the actual person who eventually was convicted of the actual crime - ever present at the original “eye witness” suspect line-up. Victims, already traumatized, and most other case witnesses are not well acquainted with the internal police and court system and expect that it is reasonable to assume that the police have conducted a thorough investigation and that it is reasonable to assume that the person responsible is within the lineup. Because the case detectives are involved, it is natural for them to assume that they are being brought in to merely verify the police case against the suspected criminal. They believe that their primary job is to pick out the suspect that most closely fits what they remember.
General Note: it is also my opinion, as a Forensic Psychologist and as a sworn ad Litum – that this situation is also a material error which alone may be significant or reasonable grounds for appeal(s) and/or for dismissal(s) on its own specific merits
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