Essay 2 draft

Most people think that if someone saw a crime happen, their memory must be the truth. It sounds simple, like watching a movie and remembering what you saw. But after reading “Judging Eyewitness Evidence” by Brandon L. Garrett, I learned it’s not that simple. Garrett explains how human memory can be wrong, especially when someone has to identify a person in court. He talks about how juries and even judges often trust eyewitnesses too much, even though science shows our memories can change without us realizing it. The article made me think about how much people’s lives depend on things that aren’t always as solid as we believe.

Garrett says that eyewitness evidence is one of the most common types of evidence used in criminal cases, but also one of the most unreliable. He explains that people tend to believe confident witnesses, the ones who point to someone in court and say, “That’s him.” But just because a witness is confident doesn’t mean they’re right. He even gives examples of people who were wrongfully convicted because of this. They spent years in prison because someone truly believed they saw them commit a crime. Garrett explains that the problem isn’t just about the witnesses themselves, it’s also about how the justice system uses that kind of evidence.

One part that stood out to me was when he talked about lineups. He says that a witness’s confidence during the first lineup after the crime is way more trustworthy than their confidence months later in a courtroom. In court, everyone already knows who the suspect is, so it almost feels like the answer is given away. He also mentions that memory doesn’t work like a camera. It fades, and it can even be changed by stress, time, or hearing what other people think they saw. That made me think about how easy it is for people to remember things wrong without even knowing it.

Garrett also goes into how the law handles eyewitness evidence. He talks about a Supreme Court case called Manson v. Brathwaite from 1977. That case made rules for when eyewitness identifications can be used in court. It says judges have to look at whether police used fair methods and whether the identification seems reliable. Garrett argues that those rules are outdated and don’t match what we now know about how memory works. He says that the legal system hasn’t caught up to the science. I thought that was interesting because it shows how slow the justice system can be to change, even when there’s proof that something isn’t working.

What Garrett really pushes for is reform. He says we should stop doing in-court identifications altogether. Instead, witnesses should only talk about what they saw and what happened during the lineup. He also says that juries need to be better educated about how memory works, so they understand why a confident witness might still be wrong. Some states have already started doing this by giving new jury instructions and improving lineup procedures, but Garrett says it’s not enough. He wants the whole system to change so fewer innocent people get convicted.

Reading this article made me think about my dad and his job as a probation officer. He works with people after they’ve already gone through the court system. I’ve seen how the system can change lives, both for better and for worse. When I was younger, I sometimes went with him to his office after school. I remember seeing his desk full of folders, each one about a person with a story. Back then, I didn’t really think about what those stories meant. But after reading Garrett’s article, I started thinking about how easy it is for someone to end up in one of those folders because of something that might not even be completely true. If one person’s memory can put another person in jail, that’s a lot of power and a lot of risk too.

Garrett’s writing made me think about fairness. I’ve always believed that justice should mean getting the truth, but now I see how the truth can be tricky when it depends on people’s memories. I think about how my dad always told me that choices matter, and how sometimes good people still make mistakes. The same thing can happen in the justice system. Even when people are trying to do the right thing, they can still get it wrong. Garrett’s point that witnesses shouldn’t identify people in court makes sense to me, because that’s the part that feels the least fair. It’s like pointing at someone when the answer was already decided.

One quote that stuck with me was when Garrett said, “Confidence can grow over time, even as accuracy declines.” That made me stop for a second. I thought about how that happens in real life too, not just in court. People remember things differently the more they tell the story. Sometimes they believe their own version so much that it replaces what actually happened. I think that’s just part of being human, but it shows why courts can’t rely on memory alone.

Overall, I think Garrett’s article is trying to open people’s eyes about how fragile memory really is. He’s not saying witnesses are bad or lying. He’s saying they’re human, and humans make mistakes. What I liked most was that he didn’t just complain about the problem, he gave ideas to fix it. I agree with him that witnesses should only describe what they saw and not identify people in court. It would make things more fair and would stop people from being influenced by the courtroom itself.

After reading this, I feel like I understand the system a little better, but I also see how much work still needs to be done. The justice system is supposed to protect people, not fail them because of errors in memory. Garrett made me realize that even small mistakes can change someone’s whole life. It made me think about my dad again, and how careful he always was with his work. He used to say that everyone deserves to be treated like a person, not just a case file. I think Garrett would agree with that too. Both of them believe in justice that’s fair, even if it takes more time and effort.

Annotations: JUDGING EYEWITNESS EVIDENCE

Main idea:
Garrett argues that courts and juries often trust confident eyewitnesses too much, even though science shows that memory is unreliable and easily influenced. He says that identifications made during police lineups are more reliable than dramatic in-court identifications and calls for reform in how courts handle this kind of evidence.

  1. Opening / Context

“Eyewitness evidence…is a staple of criminal investigations. But its fallibility is notorious.”

Garrett starts by admitting eyewitness testimony is common but unreliable.

He uses the word “fallibility” to signal that memory can fail.

He quotes the National Academy of Sciences to add credibility and scientific backing.

  1. Confidence vs. Reliability

“A confident eyewitness is extremely powerful on the witness stand… people place more weight on confident witnesses.”

Garrett argues that juries confuse confidence with accuracy.

He points out that confidence shown during a lineup (right after the crime) can be meaningful, but courtroom confidence is often unreliable because memory fades and can be influenced by suggestion.

He uses data from wrongful conviction cases to show how witnesses were less confident during the lineup but testified with total certainty in court.

Key idea: Memory changes over time, and confidence grows even when accuracy does not.

  1. Legal Background

“The vagaries of eyewitness identification are well-known; the annals of criminal law are rife with instances of mistaken identification.”

Garrett reminds readers that courts have known about this problem for decades.

He discusses Manson v. Brathwaite (1977), a Supreme Court case that created a test to judge eyewitness reliability.

He argues that this test is outdated because it doesn’t reflect modern psychological science.

Some states like New Jersey and Oregon have already moved away from this test, showing reform is possible.

  1. Proposed Reforms

Limit or ban in-court identifications and rely on what the witness said during the lineup instead.

Create stronger and clearer jury instructions explaining how memory works and why confidence doesn’t equal accuracy.

Require better lineup procedures (neutral administrators, multiple photos, no suggestive cues).

Note: Garrett admits jury instructions alone haven’t fixed the issue, so deeper change is needed.

  1. Conclusion

“Ultimately, it would be preferable to simply prohibit the use of courtroom identifications.”

Garrett’s main recommendation is bold: stop letting witnesses point out defendants in court.

He believes witnesses should only describe what they saw and what they said during the lineup.

He ends by calling for courts to work more closely with science to prevent wrongful convictions.

  1. Key Takeaways

Eyewitness testimony is powerful but unreliable.

Confidence ≠ accuracy.

Courts must rely more on science, not gut feeling.

Legal reform is needed to prevent future wrongful convictions.

  1. Questions to Think About

Do you agree that courtroom identifications should be banned, or should they just be limited?

How could jury instructions be written so jurors understand the flaws in memory?

Do you think Garrett’s examples represent most cases, or only extreme ones?

What other types of evidence might balance out eyewitness mistakes?

How would you feel if you were a victim asked to identify someone in court after months had passed?

Final Draft

Most kids learned about crime and punishment from TV or school. I learned about it in smaller ways, just by being around my dad. He was a probation officer for both adults and kids. That meant he worked with people who had gotten in trouble but weren’t in prison, or people on house arrest with ankle bracelets. Growing up, I didn’t understand everything about his job, but I knew it was important. I saw pieces of it in real life when I tagged along to his office after school or waited in the car while he checked in on someone. Sometimes it seemed boring, other times I felt like I was getting to see something that really mattered.

I can still picture his office. It wasn’t fancy at all. Just a desk covered with files, a computer that always seemed to be on, and chairs that were uncomfortable. I would sit in the corner doing homework or scribbling in a notebook while he typed reports that felt like they went on forever. Every so often someone would come in for a meeting, and I would hear little bits of the conversation. I didn’t know the whole story, but I could tell it was serious. After a while I started to realize that every folder on his desk represented someone’s choices, and those choices had consequences. That was when crime and justice stopped being only ideas I read about in books. They were real situations with real people trying to figure out what came next, and it wasn’t simple.

One day I remember clearly was rainy. After a client left, my dad leaned back in his chair and rubbed his eyes. He looked tired and said quietly, “Choices matter more than people think.” At the time I didn’t fully understand, but I could feel the weight in his voice. Later I realized he wasn’t just talking about the people he worked with. He was carrying the weight of their lives, and that’s not something you can leave behind at work.

Every once in a while he let me ride along when he had to check on someone at their house. Those days felt different than being in the office. He would park the car, look at me, and say, “Stay here. I’ll be back in a bit.” Then he would walk up to the door while I stayed in the car, waiting and staring out the window. If it was raining, I’d watch the windshield wipers thump back and forth. I was never scared, but I knew this wasn’t a normal stop like going into a grocery store. Nothing ever happened while I waited, but it still felt serious. It made me think about how quickly life can change, and how close anyone could be to crossing a line that is hard to come back from.

What stood out about my dad was how he treated people. He didn’t look down on them or see them only as criminals. He treated them as people who had made mistakes but could still do better. One time I asked him why he talked to them with so much respect, and he said, “They’re human too.” I didn’t think much about it then, but now I realize how important that is. Judgment doesn’t always help. Sometimes people just need someone who won’t give up on them, even when they’ve already messed up.

Growing up around that gave me a perspective most kids my age didn’t have. I knew what ankle bracelets were and why people wore them. I knew that some people couldn’t leave their house whenever they wanted. I saw probation as more than just a word. It was a second chance, but also a challenge. Some people used it to move forward, others kept slipping back into trouble. Watching this made me realize how complicated justice really is. It isn’t black and white. It’s personal and messy, and it doesn’t always work the way people hope.

I also noticed how it affected my dad. Sometimes he came home tired, and it wasn’t just from typing reports. It was from carrying the weight of people’s problems. That made me realize how hard his job was. He had to balance enforcing rules with still seeing the human side of people. That’s not easy, and it taught me that justice isn’t only about punishment. It is also about responsibility and giving people a chance to change.

Being in those spaces, whether it was his office or waiting in the car, shaped how I think about crime and justice now. I don’t see it as simple. I don’t believe people are only the bad choices they’ve made. But I also know that choices matter, and once you’re in the system it is hard to get out. Seeing all that made me more careful even as a teenager, because I knew the consequences were real and not just something people talked about in health class or on TV.

Looking back, I realize those moments added up to more than I thought at the time. They showed me that justice is not perfect, but it’s about more than just rules. It is about people, mistakes, consequences, and the hope that change is possible. Growing up with a probation officer for a dad gave me a different perspective on life. It wasn’t just stories I read about or examples from teachers. It was something I lived in small ways. Those lessons stuck with me. They showed me that choices matter, second chances are real, and people can be more than the worst thing they’ve done. That is something I’ll always carry with me.

peer review of Essay 1 (Brianna)

I liked your detail in the first paragraph when you talked about the gush of liquid and trying to type 911 with your hands shaking, I could picture that. Also when you wrote about the epidural and feeling the cold water down your legs, that stuck out. At the end when you dressed your baby in her coming home outfit I could really see it. Maybe you could add more detail when the nurses were asking you all the questions, like show one thing you tried to say or what you were thinking. The blue light part was really powerful too, maybe some dialogue there would make it stronger.

Paragraphs 1, 2 and 3 felt like scenes since it was happening right there, and the rest felt more like summary and reflection. The main message I got was about the pain and fear of labor but also how much love you had for your baby and how you pushed through it. The universal meaning is like parents will do anything for their kid no matter what. A line that stood out was “as heart breaking as it was seeing her in the light, I knew there was a chance she wouldn’t have made it if she wasn’t under it.”

The structure was clear, it went in order from the start to the end and the ending was strong because it felt like a release. The best part was the emotion in it, you could feel how real it was.

MEMOIR: draft

When I think about the theme of crime and justice the first thing that comes to my mind is my dad’s job. He was a probation officer for both adults and kids. That meant he was the one checking in on people who had gotten in trouble but weren’t in prison, or people on house arrest with ankle bracelets. Growing up I didn’t always understand everything about his work, but I knew it was important. Most kids learned about crime and punishment from TV or school. I got to see it in little pieces of real life, mostly from tagging along with him to his office after school or sitting there while he caught up on paperwork. Sometimes I thought it was boring, but other times I felt like I was seeing something that mattered.

I can still picture his office. It wasn’t fancy at all, just a desk covered in files, a computer that always seemed to be on, and chairs that weren’t really comfortable. I would sit in the corner doing homework or doodling while he typed reports that felt like they took forever. Sometimes I’d hear bits of conversations when people came in to meet with him. I didn’t know their full stories but I could tell they were serious. Every folder on his desk represented someone’s choices, and it started to sink in that all those choices had consequences. Spending time in that space made me realize crime and justice weren’t just big ideas in a textbook. They were real situations with real people trying to figure out what came next, and it wasn’t always simple.

There were a few times he let me come along in the car when he had to check on someone at their house. That didn’t happen a lot, but I remember it because it felt different than the office. He would park outside, tell me to stay put, and go inside. I’d just be waiting, looking out the window, not sure what he was walking into or how long it would take. Even though nothing ever happened while I was sitting there, it gave me this feeling of being close to something serious without really being part of it. I wasn’t scared exactly, but I knew it wasn’t just a normal stop like going to the grocery store. It made me think more about how people ended up in those situations, and how close anyone could be to crossing a line and then not being able to step back.

What stood out about my dad was that he never looked down on the people he worked with. He didn’t see them as only criminals or only bad people. He came at it from a neutral place and treated them like people who had made mistakes but still could do better. At the time I didn’t really understand the importance of that, but looking back I know it mattered. It showed me that judgment doesn’t always help. Sometimes people just need someone who won’t give up on them, even if they messed up. Seeing that side of my dad made me think differently about what justice is supposed to be. It is not just about punishing people, it can also be about giving them a chance to change.

Growing up around that gave me an unusual perspective. Most kids my age probably didn’t know much about probation or house arrest, but I did. I knew what an ankle bracelet was and why people had to wear them. I knew that some people couldn’t just come and go as they wanted, and I knew my dad was the one making sure they followed the rules. At the same time, I also saw the human side. He wanted them to succeed and move on, not just fail. That was something I didn’t fully get then but I do now, and it makes me realize how complicated the system really is.

Being in those situations made me think about crime in a different way. On one side, I saw the rules and punishments. On the other, I saw probation as a second chance. It was weird to feel like I was in between those two sides just by being around it. It taught me that life isn’t just about following laws because someone says so, it’s also about knowing what happens if you don’t. Small decisions can make a big difference, and once you’re in the system, it’s really hard to get out. That made me more careful even as a teenager, because I could see the real consequences up close and not just hear about them.

I think it also shaped how I view justice overall. I don’t see it as simple or black and white. Watching my dad work showed me crime and justice are connected to real people’s lives in ways that aren’t neat. Some people made bad choices but wanted to get better. Others just kept messing up. My dad had to deal with all of it, and it wasn’t always easy. Sometimes he came home tired, and I could tell it wasn’t just from paperwork but from carrying the weight of other people’s problems. That taught me justice is not only about punishment, but about responsibility and the hope people can change.

Looking back, I think those experiences made me more aware of how thin the line is between being on one side of the system or the other. It’s easy to think nothing like that could happen to you, but when you’re sitting outside someone’s house waiting for your dad, you start to see how quickly life can shift. I learned laws are there for a reason, but I also learned that the people enforcing them, like my dad, are human too. They have to help people but also protect society, and that balance isn’t easy.

In the end, growing up with a probation officer for a dad gave me a different way of looking at things. It wasn’t just stories from the news or examples in school. It was part of my everyday life, in small ways like sitting in his office or waiting in the car. Those moments didn’t seem like much at the time, but they added up to a bigger understanding of what justice really means. It isn’t perfect, and it doesn’t always work the way people want, but it showed me that choices matter and that second chances can be real if people take them. That’s what I carry with me, and I think it is something I will always remember.

https://memoirmag.com/nonfiction/the-sentencing-by-wendy-swift

This essay is about a family dealing with the father going to prison for financial crimes. It talks about the stress leading up to his sentencing, how the mom had mixed feelings about him leaving, and how the kids reacted. It shows both the private sadness inside the family and the embarrassment of having to go through it in public.

Three parts that really stuck out were when his daughter hugged him before school and told him she was still proud, when he and his wife tried to have a normal last day together by getting glasses and eating burgers, and when the youngest daughter cried while trying to eat creamed corn after he was sentenced. Those little moments showed how real and painful the whole situation was. The universal meaning is that when someone goes to jail, the punishment does not just hit them but also their family. It shows how love, shame, and loss all get mixed together.

I picked this essay because it felt really honest and not fake. I liked how the author admitted her real thoughts, even when they were uncomfortable, like wanting him gone even though she loved him. It also made me think about my own life, because my dad was a probation officer for both adults and kids. Reading this made me realize how different incarceration looks depending on where you stand. For some families it tears their world apart, but for people like my dad it was part of his job to check in and help people through the system. That gave me ideas for my own writing about how to show different perspectives and connect them back to personal experiences.

My writer’s autobiography

Writing has never felt simple for me, and I understand Reid’s point that “writing is hard.” I’ve had moments where I stare at the page, knowing what I want to say but not knowing how to make it clear. What helps is Reid’s reminder to focus on three main principles: write from what you know, show instead of just telling, and adapt to your audience. I already do this in daily life. When I’m talking with friends about cars, I keep it casual and full of details we all understand. When I’m writing messages at work about schedules, shifts, or updates, my tone shifts into something much more polished. That change in voice depending on who is reading is exactly what Reid means by audience.

The metaphor that stuck with me most was the “little green ball.” I’ve written things before like “this was a good part” or “the class was tough,” and in my head it makes sense, but no one else would see the picture. Reid’s example reminded me how important it is to describe what I mean, the same way I’d explain how rare it is to find a rust-free Miata door or why an essay feels exhausting after a long day on my feet.

I also connected with the Pink House metaphor. I tend to bury my main point halfway through, but Reid shows that readers need a heads-up so they can follow along. That’s something I want to practice this semester. My strength as a writer is being able to shift to different audiences, but my weakness is falling back on vague words. I want to get better at showing details so readers really see what I mean.