Sensitizing Potential Jurors to Variations in Eyewitness Evidence Quality Using Counterfactual Thinking

Jurors often have difficulty evaluating eyewitness testimony. Counterfactual thinking is a type of mental simulation that informs causal inference. Encouraging jurors to think counterfactually about eyewitness factors may sensitize them to these factors' causal influence on eyewitness identification and testimony accuracy, improving their overall judgments (such as verdicts). One hundred twenty‐one undergraduate participants were randomly assigned to read a scenario containing either high‐quality or low‐quality eyewitness evidence and to evaluate eyewitness factors adopting either their default or a counterfactual mindset via a question‐order manipulation. Logistic regressions and analyses of variance revealed that a counterfactual mindset lowered perceptions of eyewitness accuracy and guilty verdicts (compared with the default mindset) when the evidence was poor; a counterfactual mindset, however, did not increase perceptions of accuracy and guilty verdicts when evidence was strong. We discuss possible mechanisms underlying these effects and identify several potential avenues for future research.Copyright © 2016 John Wiley & Sons, Ltd.     

Expert testimony and jury decision making: An empirical analysis

This experiment examines the influence of expert psychological testimony on juror decision making in eyewitness identification cases. Experienced jurors and undergraduate mock jurors viewed versions of a videotaped trial, rated the credibility of the eyewitness and the strength of the prosecution's and defense's cases, and rendered verdicts. In the absence of expert testimony jurors were insensitive to eyewitness evidence. Expert testimony improved juror sensitivity to eyewitness evidence without making them more skeptical about the accuracy of the eyewitness identification. Few differences emerged between the experienced jurors and undergraduate mock jurors.     

Presence of administrators differentially impacts eyewitness discriminability for same- and other-race identifications

Best practice guidelines recommend that eyewitness lineup administrators be blind to a suspect's identity, but no research has investigated whether the mere presence of a lineup administrator impacts eyewitness identification decisions. Informed by social facilitation theory, we predicted that the presence of an audience would differentially impact identification accuracy for same- and other-race identifications. Participants (N = 191) viewed same- and other-race lineups either with an audience or alone. Although the presence of an audience did not directly impact identification accuracy, significant indirect effects indicated that the audience provoked evaluation apprehension which hindered other-race identification accuracy and improved same-race identification accuracy. We suggest that using double-blind lineup procedures may not sufficiently protect eyewitness identification accuracy when making other-race lineup decisions in the presence of others.     

The Effects of Social Influence on Perceptual and Affective Reactions to Scenes of Sexual Violence1

In 2 experiments, we examined the effect of social influence (discussion and modeling) on men's and women's perceptual and affective reactions to a sexually violent film scene depicting gang rape. In Experiment 1, women who discussed the film rated the perpetrators as more responsible compared to participants in all other conditions. Men who did not discuss the film reported higher levels of positive affect compared to participants in all other conditions. In Experiment 2, men and women were affected by the social influence manipulation similarly. As predicted, participants differed in their attributions of responsibility depending on a confederate's response to the film scene. Participants who heard a confederate say that the men in the film were responsible for the rape rated these men as relatively more responsible than did participants in a neutral confederate condition or in a condition in which the confederate said that the woman in the film was responsible for the rape.     

Change Blindness and Eyewitness Testimony

The authors explored the relevance of research on change blindness to eyewitness identification and testimony under intentional and incidental memory conditions. Participants (N = 80, 40 men and 40 women) viewed a video enactment of a burglary in which the identity of the burglar changed at the halfway point of the film. Half of participants were briefed to remember the content, and the other half were not. All were tested for the recall of the content, awareness of the change, and ability to identify either or both of the burglars. Some 61% of participants did not notice the identity change. Rates of detection were significantly higher in participants in the intentional condition, who also recalled significantly more detail from the film. Awareness of change was also significantly related to content recall scores and accuracy of identification of both burglars. The results illustrate the interrelation between the eyewitness and change blindness literatures.     

Witness confidence and accuracy: is a positive relationship maintained for recall under interview conditions?

A large positive correlation between eyewitness recall confidence and accuracy (C-A) is found in research when item difficulty is varied to include easy questions. However, these results are based on questionnaire responses. In real interviews, the social nature of the interview may influence C-A relationships, and it is the interviewer's perception of the accuracy of a witness that counts. This study was conducted to investigate the influence of these factors for recall of a video. Three conditions were used; the same questions were used in each. Participants in condition 1 (self-rate questionnaire condition, n = 20) were given a questionnaire that required them to answer questions and rate confidence on a scale. Pairs of participants in condition 2 (self-rate interview condition, n = 40) were given the role of eyewitness or interviewer. Eyewitnesses were asked questions by an interviewer and responded orally with answers and confidence judgements on a Likert scale. Participants in condition three (interviewer-rate interview condition, n = 40) were tested in the same way as condition two but provided confidence judgements in their own words. Interviewers independently rated each confidence judgement on the Likert scale. The experiment showed high C-A relationships, particularly for ‘absolutely sure’ responses. The main effect of the social interview condition was to increase confidence in correct answers but not in incorrect answers. However, the advantage of this effect was tempered by the fact that, although observers can differentiate between confident and less confident answers, less extreme confidence judgements were ascribed. Copyright © 2009 John Wiley & Sons, Ltd.     

The Influence of Perpetrator Exposure Time and Weapon Presence/Timing on Eyewitness Confidence and Accuracy

Crimes can occur in a matter of seconds, with little time available for an eyewitness to encode a perpetrator's face. The presence of a weapon can further exacerbate this situation. Few studies have featured mock crimes of short duration, especially with a weapon manipulation. We conducted an experiment to investigate the impact of weapon presence and short perpetrator exposure times (3 vs. 10 seconds) on eyewitness confidence and accuracy. We found that recall concerning the perpetrator was worse when a weapon was present, replicating the weapon focus effect. However, there was no effect on eyewitness identification accuracy. Calibration analyses revealed that all conditions produced a strong confidence–accuracy relationship. Confidence–accuracy characteristic curves illustrated almost perfect accuracy for suspect identifications at the highest levels of confidence. We conclude that weapon presence during a brief crime does not necessarily result in negative consequences for either eyewitness identification accuracy or the confidence–accuracy relationship. Copyright © 2016 John Wiley & Sons, Ltd.     

Is saccade-induced retrieval enhancement a potential means of improving eyewitness evidence?

Saccade-induced retrieval enhancement (SIRE) is the effect whereby making bilateral saccades enhances the subsequent retrieval of memories. Two experiments explored SIRE's potential to improve eyewitness evidence. Participants viewed slideshows depicting crimes, and received contradictory and additive misinformation about event details either once (Experiment 1) or three times (Experiment 2). Participants then performed saccades or a fixation control task before being tested on their memory for the slideshows and making confidence judgements. Saccades increased discrimination between seen and unseen event details regardless of whether or what type of misinformation was presented. Because prior studies indicated that SIRE might be more robust for individuals who are strongly right-handed versus not, we examined SIRE as a function of handedness and found that saccades improved memory for event details regardless of participants' handedness. However, participants who were not strongly right-handed had fewer false memories than participants who were strongly right-handed, extending previous findings of superior memory among individuals who are not strongly right-handed. Saccades also increased confidence in true memories (Experiment 1) and decreased confidence in false memories (Experiment 2). The results support SIRE's potential to improve eyewitness evidence.     

Change blindness and eyewitness testimony

The authors explored the relevance of research on change blindness to eyewitness identification and testimony under intentional and incidental memory conditions. Participants (N = 80, 40 men and 40 women) viewed a video enactment of a burglary in which the identity of the burglar changed at the halfway point of the film. Half of participants were briefed to remember the content, and the other half were not. All were tested for the recall of the content, awareness of the change, and ability to identify either or both of the burglars. Some 61% of participants did not notice the identity change. Rates of detection were significantly higher in participants in the intentional condition, who also recalled significantly more detail from the film. Awareness of change was also significantly related to content recall scores and accuracy of identification of both burglars. The results illustrate the interrelation between the eyewitness and change blindness literatures.     

The Effects of Opening Statements on Mock Jurors' Verdicts in a Simulated Criminal Trial1

Twenty-nine male and 37 female adults served as mock jurors in a simulated criminal trial in which the amount of preview offered in both the prosecution's and defense's opening statements was factorially varied. It was found that the effects upon verdicts of guilt of the amount of preview in either side's opening statement depended on that in the other side's opening statement. Extensive prosecution opening statements led to more guilty verdicts only when the de fense's opening statement was also extensive; when the defense's opening statement was brief, participants tended to find the defendant guilty regardless of the amount of preview in the prosecution's opening statement. Extensive opening statements from the defense led to more not-guilty verdicts only when the prosecution's opening statement was brief. Results from a series of mid-trial measures indicated that opening statements predisposed jurors to favor one side or the other very early in the trial, and that jurors tended to maintain this predisposition throughout the course of the trial. It was suggested that opening statements serve to create thematic frameworks which the jurors use to assist them in their processing of trial information. Implications for legal practice were also discussed.     

Guilt assessment after retracted voluntary and coerced-compliant confessions in combination with exculpatory or ambiguous evidence

We investigated how voluntary confessions, coerced-compliant confessions, and no-confessions influenced guilt assessments in combination with other exculpatory or ambiguous evidence. In three experiments (total N = 808), participants studied case information and provided guilt assessments. As expected, in Experiment 1 and 2a, (i) voluntary confessions to protect a family member elicited stronger guilt attributions than no-confessions and (ii) ambiguous evidence led to stronger guilt attributions than exculpatory evidence. In Experiment 2b, voluntary confessions to protect a group-member (but not to protect a family-member) elicited stronger guilt attributions than no-confessions. Exculpatory eyewitness evidence elicited stronger guilt attributions than exculpatory DNA evidence and participants assigned more weight to exculpatory DNA than eyewitness evidence. Participants were able to discount coerced-compliant confessions when they received information about the interrogations (Experiments 2a/b), but did not consistently consider risk factors for (voluntary) false confessions outside the interrogation room when assessing guilt.     

Some experimental influences of lawyers' complicated questions on eyewitness confidence and accuracy

Eyewitness evidence and the confidence the eyewitness expresses in such evidence are crucial in many criminal trials. The present study is an examination of the influence of confusing questions often used by attorneys to examine witnesses in court. Participants viewed a videotaped incident and were questioned about the incident 1 week later. Half the participants were asked questions framed in a confusing form; the remaining half were asked the same questions in straightforward language. Confusing questions reduced the participant witnesses' accuracy and suppressed the confidence-accuracy relationships compared with the condition in which simple questions were asked. However, the number of absolutely sure responses was the same in both conditions, although these responses were almost always accurate in the simplified condition, whereas in the confusing question condition, accuracy was comparatively poor. This experiment demonstrates the importance of ensuring that lawyers ask witnesses simple, clear questions.     

The effect of cross‐examination on the accuracy of adult eyewitness testimony

Cross‐examination permits styles of questioning that increase eyewitness error (e.g. leading questions). Previous research has shown that under cross‐examination children change many of their initially accurate answers. An experiment is reported in which the effect of cross‐examination on accuracy of adult eyewitness testimony was investigated. Twenty‐two student witnesses watched a video of a staged theft, either in pairs, or individually. Paired witnesses discussed the video with their co‐witnesses, but did not know they had seen slightly different versions. Participants in the co‐witness condition demonstrated memory conformity and recalled less accurately than witnesses in the control condition. After approximately 4 weeks all participants were cross‐examined by a trainee barrister. Following cross‐examination there was no difference in accuracy between the two experimental groups. Witnesses in both conditions made many changes to their previous reports by altering both initially correct and incorrect answers. The results demonstrate negative effects of cross‐examination on the accuracy of adult eyewitness testimony. Copyright © 2010 John Wiley & Sons, Ltd.     

“All I remember is the black eye”: A distinctive facial feature harms eyewitness identification

Many crimes occur in which a perpetrator has a distinctive facial feature, such as a tattoo or black eye, but few eyewitness identification (ID) studies have involved such a feature. We conducted an experiment to determine how eyewitness ID performance is impacted by a distinctive facial feature, and how police could deal with this issue. Participants (N = 4,218) studied a target face with or without a black eye, and later viewed a simultaneous photo lineup either containing the target or not. For those who saw a target with a black eye, this feature was either replicated among all lineup members or was removed. The black eye harmed empirical discriminability regardless of replication or removal, which did not differ. However, participants responded more conservatively when the black eye was removed, compared to replication. Lastly, immediate confidence was consistently indicative of accuracy.     

The effects of body‐worn camera footage and eyewitness race on jurors' perceptions of police use of force

Police use of body‐worn cameras (BWCs) is increasingly common in the USA. This article reports the results of one of the first experimental examinations of the effects of three BWC status conditions (absent, transcribed, viewed) and eyewitness race (Black, White) on mock jurors' case judgments, in a case in which a community member (defendant) was charged with resisting arrest but where the officer's use of force in conducting the arrest was controversial. Results provide evidence of significant main effects of both eyewitness race and BWC status. When the eyewitness supporting the defendant was White, mock jurors were less likely to vote the defendant guilty of resisting arrest, as well as more likely to consider the defendant credible and the officer culpable for the incident. In addition, when BWC footage of the arrest was viewed, compared with transcribed or absent, participants were less likely to vote the defendant guilty of resisting arrest, and also rated the officer's use of force less justifiable, and the officer more culpable and less credible. Follow‐up analyses demonstrated that these relationships between BWC condition and case judgments were all mediated by moral outrage toward the officer.     

Just the facts or just for fun? Children's understanding of and sensitivity to retelling contexts

Adults appear to recognize that different memory sharing contexts, such as telling a story to a friend at a party versus providing eyewitness testimony, vary in their accuracy demands and adjust their retellings accordingly. There is less evidence that children are able to make the same distinctions. In the present two‐part experiment, we first tested 6–8‐year‐old children's beliefs about the accuracy requirements of different memory sharing contexts that varied on the listener's implicit expectation about accuracy. Children were then read a short story and were given retelling instructions that emphasized accuracy or entertainment. Results from the first task indicated that children evidence a significant truth bias, suggesting that they believe accurate retellings are preferred regardless of context. Despite this, children did appear to adjust their retellings as a function of context, with retellings in the high accuracy condition including more verbatim and less error statements. Finally, children who evidenced a stronger truth bias were less likely to employ the language of storytelling by producing lower‐quality narratives. Copyright © 2010 John Wiley & Sons, Ltd.     

Exposure duration: Effects on eyewitness accuracy and confidence

The current study examined the relationship between the length of exposure to a face in an eyewitness setting and identification accuracy and confidence. A sample of 164 young (ages 17–25) and older (ages 59–81) adults viewed a simulated crime in which they saw the culprit's face for a short (12 s) or long (45 s) duration. They were then tested with a target absent (a line‐up not containing the culprit) or target present line‐up. Identification accuracy rates for both young and older participants were significantly higher under the long exposure condition. In the short exposure condition, witnesses who had made a correct identification of the target were more confident than incorrect witnesses. In the long exposure condition the confidence ratings of accurate and inaccurate witnesses did not differ. Discussion focuses on the extent to which extended exposure may inflate confidence judgments and variables that may moderate the relationship between exposure duration and face recognition accuracy.     

The accuracy–confidence relationship in an eyewitness task: anxiety as a modifier

The present study investigated the role of anxiety as a moderator of the relationship between accuracy and confidence in an eyewitness recall task. Participants selected as high or low anxious on a test anxiety scale viewed a video clip of a crime. One week later they answered verbally a series of questions about the video, rating their confidence in each answer. Observers were shown a video-recording of each participant's test session and rated how confident they appeared overall. It was argued that people high in test anxiety would appraise their performance to a greater degree than low-anxious people, resulting in a significant correlation between accuracy and subjective confidence for high-anxious but not for low-anxious participants. The results obtained supported this hypothesis, and found similar relationships between accuracy and perceived confidence. Highly anxious participants expressed less overall confidence in their answers than low anxious participants. © 1998 John Wiley & Sons, Ltd.