Quality of written record following mock eyewitness testimony: Note taking should be a minimum standard!

By using a video‐based narrative (unidirectional) eyewitness statement of an alleged victim, participants were asked to imagine they were police officers. We compared the quality of mock police officer written records in a between‐subjects design comprising three conditions: (a) a free recall (n = 27), (b) a free recall by using recall strategies of the cognitive interview (n = 27), or (c) note taking while watching the video (n = 26). The quality of the reports was determined by the amount of correctly recalled details, omitted details, added details (commission errors), and changed details (confabulations). As predicted, the number of correct details was higher in the “Note Taking” condition whereas performance in the “Free Recall” and in the “Cognitive Interview” conditions did not differ. Higher verbal memory ability resulted in a better quality of the written records. Our results suggest that note taking facilitates the quality of written records.     

The influence of lawyers' questions on witness accuracy,confidence, and reaction times and on mock jurors' interpretation of witness accuracy

Two studies demonstrate the influence of lawyers' complex questions on mock‐witness accuracy, confidence, and reaction times and on the interpretation of witness accuracy by mock jurors. In study one, 32 mock witnesses were shown a short film and then questioned either with lawyers' complex questions or simple alternatives. In Study 2, 20 mock jurors viewed video footage of the mock witnesses assigned to each of the two previous conditions and were asked to rate their confidence in the witnesses' answers. The findings of the two studies indicated that lawyers' use of confusing questions reduce not only accuracy but also speed of response and both witnesses' and jurors' ability to determine accuracy. The implication of these findings is straightforward, lawyers should ask simple questions wherever possible. Copyright © 2010 John Wiley & Sons, Ltd.     

关于证人证词可靠性的研究

证人的错误证词是导致错误判案的重要原因,因此如何鉴定证人证词的可靠性,从中去伪存真,对司法实践具有非常重大的意义。为此本文从情境、个体心理、社会心理三个方面分析影响成年证人证词可靠性的因素,并在此基础上探究应该采取何种措施来提高证词的可靠性与准确性。     

Demand and the impact of leading questions on eyewitness testimony

Recently, Loftus and her associates have demonstrated that the ability of subjects to respond accurately to questioning about an event they witnessed can be systematically imparied by the interposition of misleading questions between exposure to the event and assessment of accuracy. One explanation for this low eyewitness accuracy is that it is due to demand characteristics created by the misleading questions. The present study addresses this issue using a modification of the paradigm developed by Loftus, Miller, and Burns (1978). The results indicate that even when the final accuracy test does not easily allow subjects to accede to demand pressure, significant impairment of eyewitness accuracy is still obtained. Since this lowered accuracy does not seem due to simple compliance to demand pressure, it suggests that misleading questions do in fact interfere with subsequent eyewitness accuracy.     

Misinformation and warnings in eyewitness testimony: A new testing procedure to differentiate explanations

Abstract

Although psychologists agree that the presentation of misleading post-event information often results in errant recollections, there is disagreement about the explanation as to why this occurs. Some (cf. Loftus, Donders, Hoffman, & Schooler, 1989) believe this misinformation alters the memory trace created by the original information, whereas others (cf. McCloskey & Zaragoza, 1985) have argued that the data do not necessitate this explanation. An experiment, designed to differentiate the various explanations, was conducted. Its critical elements were: (1) a condition with a specific warning presented immediately after the misleading information; and (2) a ranking procedure used at testing. The results suggest multiple traces may exist for a limited period, but not indefinitely.     

Infants' eyewitness testimony: Effects of postevent information on a prior memory representation

In eyewitness testimony research, postevent information impair retention of the original event and increases the probability that interpolated information will be identified as part:of the original event. The present experiments studied these effects with 3-month-olds. Infants learned to kick to move a particular crib mobile and then were briefly exposed to information about a novel mobile. The novel postevent information impaired recognition of the-original mobile when it immediately followed training but not when it was delayed by 1 day. Like adults, infants treated the postevent information as part of the original training event, continuing to do so for at least 2 weeks. We propose that postevent information displaces conflicting information coactive with it in primary memory and creates a new, updated memory token of the event. Once the new token leaves primary memory, however, it is protected; only a copy can be retrieved and modified in the future.     

On the "general acceptance" of eyewitness testimony research. A new survey of the experts

In light of recent advances, this study updated a prior survey of eyewitness experts (S. M. Kassin, P. C. Ellsworth, & V. L. Smith, 1989). Sixty-four psychologists were asked about their courtroom experiences and opinions on 30 eyewitness phenomena. By an agreement rate of at least 80%, there was a strong consensus that the following phenomena are sufficiently reliable to present in court: the wording of questions, lineup instructions, confidence malleability, mug-shot-induced bias, postevent information, child witness suggestibility, attitudes and expectations, hypnotic suggestibility, alcoholic intoxication, the crossrace bias, weapon focus, the accuracy-confidence correlation, the forgetting curve, exposure time, presentation format, and unconscious transference. Results also indicate that these experts set high standards before agreeing to testify. Despite limitations, these results should help to shape expert testimony so that it more accurately represents opinions in the scientific community.     

Beliefs about factors affecting the Reliability of eyewitness testimony: A Comparison of judges,jurors and the general public

We surveyed 164 members of the juror pool of the Court of Appeal and a representative sample of 1000 adult Norwegians without juror experience, about their knowledge and beliefs about eyewitness testimony, and compared their answers to a prior survey of Norwegian judges. Although the judges were somewhat more knowledgeable than jurors and the general public, all groups had limited knowledge of eyewitness testimony. Juror experience, in terms of number of times serving as juror, did not correlate with eyewitness knowledge. Consistent with this finding, the knowledge scores of the jurors were similar to the scores of the general public, tested with an abridged seven‐item version of the questionnaire. Comparisons with the results of surveys conducted in the US, indicate similar levels of knowledge among law professionals and jurors in the two countries. Increasing the knowledge of eyewitness testimony among the principal participants in the judiciary system may be an important component of the solution to eyewitness error. Copyright © 2009 John Wiley & Sons, Ltd.     

The accuracy-confidence correlation in eyewitness testimony: limits and extensions of the retrospective self-awareness effect.

This research extended Kassin's (1985) finding that retrospective self-awareness (RSA) increases the correlation between eyewitness accuracy and confidence. In Experiment 1, 91 mock witnesses saw a crime, answered questions, made an identification decision, and rated their confidence. RSA increased the accuracy-confidence correlation for witnesses who made an identification and for those who were high but not low in public self-consciousness. A 2nd experiment varied accountability and revealed that high accountability increased the accuracy-confidence correlation but that the RSA effect occurred even under low-accountability conditions. In both studies, observers could not distinguish between accurate and inaccurate witnesses. Together, these findings define the limits of the RSA effect and provide mixed support for a self-perception account of this effect.     

Beliefs and data on the relationship between consistency and accuracy of eyewitness testimony

Two studies concerned with consistency and accuracy of eyewitness testimony were conducted. In Study 1 potential jurors indicated the degree to which they considered that various witness on‐stand behaviours indicated testimonial accuracy. Witness statements that were inconsistent with previous statements were considered to be the strongest indicators of inaccuracy. Study 2 examined the relationship between consistency and accuracy of testimony. Witnesses viewed a film of a robbery and were interviewed twice (2 weeks apart) about the crime in a 4 (interview format)×2 (interview occasion) design. Regardless of whether consistency was operationalised in terms of direct contradictions between interviews, or degree of agreement on detail across interviews, no more than 10% of the variance in overall accuracy rate was explained by any individual measure. Number of contradictions and overall agreement between interviews did, however, make additive contributions to prediction of overall accuracy. Also, higher correlations between contradiction‐based consistency measures and interview two accuracy rate were detected. Neither consistency nor accuracy for specific testimonial dimensions were predictive of accuracy on the other dimensions, or overall accuracy. Copyright © 1999 John Wiley & Sons, Ltd.     

The influence of the form of the question on the eyewitness testimony of preschool children

Thirty-two preschool children were questioned after viewing four short films. The form of the question (affirmative-negative, definite-indefinite article, some-any quantifier) was systematically varied in a counterbalanced design. The form of the question did not significantly affect answers to questions about entities actually present in the films; however, it did have significant effects on answers concerning entities which were not in the film. Questions such as Did you see the..., Did you see any..., and Didn't you see some... were answered yes more frequently than other question types. Thus young children are aware of the expectation conveyed by certain linguistic forms, such asthe. The results are discussed in the light of current models of constructive memory as well as their implications for accurate questioning of children.An earlier version of this article was delivered to the Stanford Child Language Research Forum, Stanford University, April 1976.     

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.     

Displayed emotions and witness credibility: a comparison of judgements by individuals and mock juries

Mock juries of 5–7 jurors viewed one of three video‐recorded versions of a rape victim's testimony, role‐played by a professional actress. The statement was given in a free‐recall manner with one of three kinds of emotions displayed, termed congruent, neutral and incongruent emotional expressions. The juries were requested to reach a decision on items in a short questionnaire, probing the perceived credibility of the witness and judgements of the probability of a guilty verdict. The jurors were then asked to complete the questionnaire a second time, individually and anonymously. A control group filled out the questionnaire individually without preceding jury deliberations. When participants judged credibility and guilt independently, without a preceding jury discussion, the displayed emotions strongly influenced the judgements. However, discussions in the context of the jury strongly attenuated the effect of displayed emotion, with judgements converging on the credibility of a neutral emotional expression as judged by independent participants, and the attenuating effect outlasted the jury‐situation. The results are consistent with research within social psychology showing that social stereotypes and prejudices are often neutralised by group discussions. Copyright © 2006 John Wiley & Sons, Ltd.     

Effects of cannabis on eyewitness memory: A field study

Eyewitnesses to crimes are regularly under the influence of drugs, such as cannabis. Yet there is very little research on how the use of cannabis affects eyewitness memory. In the present study, we assessed the effects of cannabis on eyewitness recall and lineup identification performance in a field setting. One hundred twenty visitors of coffee shops in Amsterdam viewed a videotaped criminal event, were interviewed about the event, and viewed a target‐present or target‐absent lineup. Witnesses under the influence of cannabis remembered significantly fewer correct details about the witnessed event than did sober witnesses, with no difference in incorrect recall. Cannabis use was not significantly associated with lineup identification performance, but intoxicated witnesses were significantly better at judging whether their lineup identification was accurate. Theoretical and practical implications of the findings are discussed.     

Expert psychological testimony on eyewitness reliability before and after Daubert: the state of the law and the science

This article examines the legal and scientific issues inherent in the use of expert psychological testimony on the factors that affect eyewitness reliability. First, the history of the use of such expert testimony is traced. Next, we look at the criteria that state and federal courts have used in determining whether to admit such testimony, as well as the grounds upon which the testimony has been excluded. We then examine the Daubert decision and discuss its implications for the use of expert eyewitness testimony. We conclude by reviewing eyewitness research and research on jury decision-making that is likely to assume new importance in the post-Daubert era.     

Combating Co‐witness contamination: Attempting to decrease the negative effects of discussion on eyewitness memory

Witnesses who discuss an event with others often incorporate misinformation encountered during the discussion into their memory of the event. Two experiments were conducted to establish whether this memory conformity also occurs in the context of an interview and whether it is possible to reduce the effect. Participants viewed a crime‐video which they then discussed with a co‐witness. Some participants were warned they may have been exposed to misinformation during the discussion before all were interviewed individually. In Experiment 1, participants made remember/know judgments about each component of their free recall, and in Experiment 2 they were asked to indicate the source of their memories. Co‐witness information was incorporated into participants' testimony, and this effect could not be significantly reduced using warnings and source‐monitoring instructions. Remember/know judgments may be useful in distinguishing ‘real’ memories from false memories. We make some recommendations regarding the interviewing of witnesses. Copyright © 2009 John Wiley & Sons, Ltd.     

The sentence-verification paradigm: A case study of two conflicting aproaches to individual differences

The contrasting approaches of differential psychology and cognitive psychology to the same individual differences data are outlined. Using illustrative data from the Clark and Chase (1972) sentence-picture verification task, four loci of conflict between these two disciplines are identified. These areas of conflict center around issues of (1) theory versus measurement, (2) meaningfulness versus reliability, (3) linearity of relationships, and (4) discontinuities in performance. We conclude on the basis of observed incompatibilities that a simple derivation of differential psychology from cognitive psychology is not likely, but separate development of complementary theories may be possible.     

Reliability and Validity of the qualitative interpretation of sentence completions: A single case statistical study

Based on the sentence completions of a psychiatric patient, ratings were assigned on a number of personality dimensions by six clinical psychologists and 10 graduate students. Independent ratings by a psychologist and a psychiatrist who had interviewed the patient and had access to all the clinical background material, including case history, autobiography, and other tests, served as the criterion. A high degree of validity and interrater reliability was obtained by both clinicians and students with insignificant differences between them. Confidence in judgment was associated with extreme ratings but not with higher validity.