A method for increasing empirical discriminability and eliminating top‐row preference in photo arrays

It is important to consider the two parameters of signal detection theory, discriminability and response bias, when evaluating eyewitness identification from simultaneous lineups. On the basis of the diagnostic feature‐detection hypothesis, we tested a method for increasing discriminability that encourages eyewitnesses to carefully rank each lineup member based on match to their memory for a perpetrator. This procedure increased empirical discriminability and also eliminated a response bias that is largely overlooked in the literature: Participants were biased to choose from the top row of the six‐pack (2 × 3) lineup commonly used in the United States. We argue that suspect position in the simultaneous lineup is an important variable to consider for researchers and the criminal justice system. We also encourage researchers to test the ranking procedure to determine if such a simple set of instructions could be utilized by police to help eyewitnesses correctly sort innocent versus guilty suspects.     

Getting Moral Luck Right

Moral luck, until recently, has been understood either explicitly or implicitly through using a lack of control account of luck. For example, a case of resultant moral luck is a case where an agent is morally blameworthy or more morally blameworthy or praiseworthy for an outcome despite that outcome being significantly beyond that agent's control (Nagel 1993). Due to a shift in understanding the concept of luck itself in terms of modal robustness, however, other accounts of moral luck have surfaced. Both Duncan Pritchard (2006) and Julia Driver (2013) have offered an alternative way of understanding moral luck by employing versions of a modal account of luck. This essay considers some problems with these accounts and attempts to resolve them.