The Psychology of Eyewitness Testimony: A Comparison of Experts and Prospective Jurors

To compare people's beliefs about eyewitness testimony with expert opinion, 79 college students and community adults filled out a questionnaire in which they reported whether they agreed or disagreed with 21 statements previously used in a survey of eyewitness experts (Kassin, Ellsworth, & Smith, 1989). The results indicated that there was a significant inter-item correlation of agreement rates but that subjects differed from the experts on 15 of these items. For courts seeking to determine the extent to which juries need assistance in their evaluations of eyewitness evidence, these findings offer a tentative list of topics worthy of either expert testimony or cautionary instructions from the judge.     

Eyewitness Memory and Metamemory in Product Identification: Evidence for Familiarity Biases

Research on the reliability of eyewitness memory for criminal events has been extensively studied, but eyewitness memory in civil cases has not. However, many of these civil cases revolve around eyewitness memory for events that transpired decades ago. We have developed a paradigm with which to study memory for specific product brand identification, a common question in civil cases involving product liability. Participants were asked to follow recipes and were then given surprise memory tests on the specific brands of products used. In addition, they were asked to report their subjective confidence for each response. Memory and performance was poor after even a brief delay, as was metamemory accuracy: Confidence regarding brand name recall was a poor indicator of accuracy. Participants also displayed a strong familiarity bias. They frequently reported using familiar, common brands, when no such products were actually used. This was especially true at longer delays, after which false identification of familiar products was twice as common as correct responses.     

A Model of Jury Decisions where all Jurors have the same Evidence

Under the independence and competence assumptions of Condorcet’s classical jury model, the probability of a correct majority decision converges to certainty as the jury size increases, a seemingly unrealistic result. Using Bayesian networks, we argue that the model’s independence assumption requires that the state of the world (guilty or not guilty) is the latest common cause of all jurors’ votes. But often – arguably in all courtroom cases and in many expert panels – the latest such common cause is a shared ‘body of evidence’ observed by the jurors. In the corresponding Bayesian network, the votes are direct descendants not of the state of the world, but of the body of evidence, which in turn is a direct descendant of the state of the world. We develop a model of jury decisions based on this Bayesian network. Our model permits the possibility of misleading evidence, even for a maximally competent observer, which cannot easily be accommodated in the classical model. We prove that (i) the probability of a correct majority verdict converges to the probability that the body of evidence is not misleading, a value typically below 1; (ii) depending on the required threshold of ‘no reasonable doubt’, it may be impossible, even in an arbitrarily large jury, to establish guilt of a defendant ‘beyond any reasonable doubt’.     

Effects of inadmissible Evidence on the Decisions of Simulated Jurors: A Moral Dilemma

In a 2 × 3 design, simulated jurors received either weak or strong evidence against a defendant in a murder case. Within each evidence condition, subjects were given either additional evidence ruled admissible, additional evidence ruled inadmissible, or no additional evidence. Results indicated that ( a ) jurors were biased by inadmissible evidcnce in the weak-evidence but not in the strong-evidence condition, ( b ) strong evidence resulted in more guilty verdicts than did weak evidence, ( c ) confidence in verdict was influenced by strength of evidence, and ( d ) confidence of guilt was positively correlated with severity of punishment. Implications of the results are discussed within the context of the judicial process.     

Bias in Jurors vs Bias in Juries: New Evidence from the SDS Perspective

Prior research by Kaplan and Miller (1978) suggested that juries are generally influenced less by extralegal, biasing information than individual jurors are. A social decision scheme (SDS) analysis of this question by Kerr, MacCoun, and Kramer (1997) suggested (a) that Kaplan and Miller's conclusion should hold only for relatively extreme legal cases (i.e., cases where the probability of conviction, without biasing information, was either very high or very low) and (b) that the opposite pattern should hold for moderate cases (with moderate conviction rates)—i.e., juries should show even greater sensitivity to biasing information than should individual jurors. An experiment is reported that compared juror vs jury sensitivity to biasing information (viz., prejudicial pretrial publicity) for versions of a legal case with a moderate and an extreme conviction rate. Consistent with the SDS analysis, juries were more biased than jurors for the moderate-case version, but the reverse was true for the extreme-case version. The implications of these findings and the more general utility of the SDS model for studying group processes are discussed.     

Effects of Eyewitness Evidence on Plea-Bargain Decisions by Prosecutors and Defense Attorneys1

The present experiment tested the relative impact of two types of eyewitness evidence (identification and non identification) on plea-bargain decisions by prosecutors and defense attorneys. A hypothetical case involving a robbery was mailed to three prosecutors and three defense attorneys in each of 47 states. The subjects were randomly assigned to receive a case in which an eyewitness claimed: (a) the defendant was the criminal (identification), (b) the defendant was not the criminal (non identification), or (c) it was not possible to tell whether the defendant was the criminal (control). Similar to findings with jurors, both prosecutors and defense attorneys underutilized the non identification information in making their plea-bargain decisions. In the case of the prosecutors, there was evidence that the underutilization of eyewitness non identification was at least partially mediated by the prosecutors' predictions of juror reaction to the evidence.     

目击证人暗示感受性的研究及进展

暗示感受性指一个人对误导信息的易感性或抵抗力.在目击证人记忆研究领域,有两种暗示感受性:延迟的提取错误和立即的误导信息接受.研究者用不同方法对这两种类型的暗示感受性及影响因素进行研究,并进行整合.这对司法实践中证人证词真实性鉴别有重要理论和实践意义.     

Habitual Susceptibility to Misinformation and Individual Differences in Eyewitness Memory

A novel multiple-event, multiple-item procedure was employed to identify individuals who were habitually susceptible to accepting post-event misinformation. Using this procedure, it was found that many people succumbed at least once to the effects of misinformation, given enough opportunities. Moreover, some individuals could be identified who showed a pattern of repeated susceptibility, accepting some misinformation for each of three separate events. Several individual difference measures discriminated between individuals who were habitually susceptible to false post-event information and those who were not; these include empathy, self-reported vividness of visual imagery and a memory accuracy measure. © by John Wiley & Sons, Ltd.     

Sensitizing Nursing Home Staff to Residents' Needs: A Workshop

Nursing home employees are often frustrated when caring for elderly residents. The author describes a workshop designed to improve staff-resident interactions by enabling employees to express frustrations, to explore alternative methods of coping, and to increase sensitivities to client needs. An assessment of the workshop id included.     

Sensitizing Counselors and Educators to Multicultural Issues: An Interactive Approach

This discussion describes a program that was developed to provide an opportunity for children of farm workers to accrue academic credit toward graduation. It was also designed to include intense interaction between the students and educators. This program illustrates how multicultural awareness can be developed within a relatively short period of time through immersion in experiences and by providing appropriate incentives. Se describe un programa que se desarrolló para dar una oportunidad a los hijos de agricultores para ganar créditos académicos para graduarse. También lo diseñaron para incluir interación intensa entre estudiantes y educadores. Este programa muestra como se puede desarrollar un conocimiento multicultural en relativamente muy poco tiempo a través de la inmersión en experiencias y dando incentivos apropriados.     

Sensitizing Questions: A Method to Facilitate Analyzing the Meaning of an Utterance

Much social science research entails interpreting the meaning of utterances, that is, phrases spoken, written or gestured. But how should researchers interpret the meaning of such utterances? A recent surge of research, informed by dialogism, emphasizes the contextual, social and unfinished nature of meaning. The present article operationalizes dialogism theory into six ‘sensitizing questions’ which can guide analysis. The questions are: (1) What is the context? (2) What is the speaker doing? (3) Who is being addressed? (4) Who is doing the talking? (5) What future is constituted? (6) What are the responses? Each question (and 16 sub-questions) is illustrated by analyzing the potential meanings of a single utterance. The article is a contribution to the development of new forms of ‘method’ for interpretative qualitative research. These methods aid the ‘human instrument’ to become a sensitive, theoretically-informed, and accountable analyst.     

Eyewitness memory for a touching experience: accuracy differences between child and adult witnesses

Children, ages 5-6 and 9-10 years, and adults spent 6 min with a man (toucher) who administered a test that required interpersonal touch. The test was briefly interrupted by a woman (intruder). Afterward, the participant-witnesses provided a memory report that included free recall, answers to objective-memory questions, and two lineup identifications. Relative to the adults and older children, the 5- to 6-year-olds gave less complete free recall and made more errors in answering objective questions about the features and actions of the toucher and the intruder. On recognition tests, both the 5- to 6- and 9- to 10-year-olds were somewhat less likely than adults to make accurate lineup decisions about the toucher and much less likely to accurately identify the briefly seen intruder. Children may remember even salient stimuli and actions more poorly than adults do, but there was no evidence that children misremembered touches that did not occur.     

Evidence for direct visual access to letter identities

Subjects were presented with two letters from the set BCDFGHLNPORTVZ, one in upper case and one in lower case. Subjects were required to decide, as quickly as possible, whether the two letters on each trial were the same (e.g., Bb) or different (e.g., Bd). Because letters were always physically different, subjects presumably must name the letters in order to respond. Reaction times were predicted by the visual similarity of the letters, and not by their phonemic distinctive feature similarity. Consistent with previous work showing that a word's meaning can be assessed directly from visual information, the findings suggest that visual analysis of a capital or small letter can result in knowing the latter name without further linguistic processing. These results were interpreted as an example of automatic detection as described by Schneider and Shiffrin (1977).     

Evidence for multiple routes in learning to read

We describe a multiple-route model of reading development in which coarse-grained orthographic processing plays a key role in optimizing access to semantics via whole-word orthographic representations. This forms part of the direct orthographic route that gradually replaces phonological recoding during the initial phases of reading acquisition. The model predicts distinct developmental trajectories for pseudo-homophone and transposed-letter effects - two benchmark phenomena associated with phonological recoding and coarse-grained orthographic processing, respectively. Pseudo-homophone effects should decrease over the first years of reading acquisition, whereas transposed-letter effects should initially increase. These predictions were tested in a lexical decision task with 334 children in grades 1-5, and 29 skilled adult readers. In line with the predictions, we found that the pseudo-homophone effect diminished as reading level increased, whereas the transposed-letter effect first increased and then diminished.