Orlando Bosquete was sentenced for 55years in prison because he was bald, shirtless (on a hot summer night) and Hispanic. He was convicted for rapping a Lady in Florida.
However, this was a case of mistaken identity, moreover explaining why some psychologists have questioned the effectiveness of an eye witness testimony. A witness is someone who experiences an incident, such as crime or an accident, and then later recalls the experience to a police officer. This is known as eye witness testimony.
Many factors can affect a witness as it did in this case:
1) weapon focus- It is believed that if a weapon is present during the crime, there is more focus on the weapon itself and other important aspects are not taken into consideration e.g. what the criminal was wearing, looked like etc
2) leading/misleading questions- This refers to the manner in which the question is asked by the police or in court e.g. when specific emphases is put on a matter such as ‘the’ and not just a probability such ‘a’, ensuing a difference in results.
3) Time factors- it is said that during the time of a crime, the time tends to pass by slower hence exaggerating the event time. E.g. 2mins would seem like 10mins
4) Cue dependant- This suggests that the witness is taken back to the crime scene to recall more, however in this case this was not done, resulting to a mistaken identity. I.e. the victim was not given the opportunity to compare his face under dim lighting.
Over all, it can also be argued that since it was an impromptu line up, the victim was still in major shock and hence there is a probability that she maybe have targeted Orlando Bosquete because he may have reminded her of the rapist. This on the other hand is also an advantage as the victim could remember factors such as he was bald, and in that short period of time it is impossible to grow hair. It is also very