Confession evidence,psychological vulnerability and expert testimony

There have been major changes in English Law with regard to confession evidence, which followed the implementation of the Police and Criminal Evidence Act (PACE) in January 1986. This paper reviews the main legal changes that are relevant to the admissibility and reliability of confessions and their psychological importance within the context of both research and expert testimony.     

How do we judge our confidence? Differential effects of meta-memory feedback on eyewitness accuracy and confidence

According to the cue–belief model, we assess confidence in our memories using self-credibility cues that reflect beliefs about our memory faculties. We tested the influence of meta-memory feedback on self-credibility cues in the context of eyewitness testimony, when feedback was provided prior to “testifying” via a memory questionnaire (Experiment 1) and after an initial memory questionnaire but before participants had to retake it (Experiment 2). Participants received feedback (good score, bad score, or none) on a fictitious scale purported to predict eyewitness memory ability. Those given good score feedback before testifying were more confident (but no more accurate) than those given bad score feedback. Feedback also affected confidence (good increased and bad decreased) and accuracy (good increased) after testifying but only on leading questions. These differential effects of meta-memory feedback on confidence for normal and leading questions are not explained by the cue–belief model. Implications for our confidence judgments are discussed.     

Examining the efficacy of truth/lie discussions in predicting and increasing the veracity of children's reports

This study investigated whether children's ability to reason about truths and lies influenced their truth-telling behavior. Four-six-year-old children (n=118) played a game that was intended to motivate children to use deception to hide a minor transgression. Next, an interviewer gave children one of four preliminary discussions. Children received a typical forensic truth/lie discussion (TLD), a developmentally appropriate and more elaborate TLD, or one of two discussions that controlled for the time spent conversing with children. Children were interviewed about the event. The results revealed that children's performance on the truth/lie questions did not predict their truth-telling behavior. Regardless of their performance on truth/lie questions, children who received TLD's gave more honest reports than children who did not receive TLD's. These results suggest that discussing truths and lies with children may promote truth-telling behavior. However, the results cast doubt on the validity of using children's performance on truth/lie questions as a measure of competency.     

Social antecedents of children's eyewtness testimony a single-subject experimental analysis

In a laboratory simulation, a single-subject design was used to examine the effects of two types of social influence on children's eyewitness testimony, which has not been the subject of systematic behavioral analyses. This study replicates and extends findings from group-comparison studies, and shows that a topic of pressing social importance is amenable to analysis at the individual level, and therefore, potentially, to a behavioral analysis.     

Confidence judgments in event recall: developmental progression in the impact of question format

Two studies were conducted to examine developmental progression in children's and adults' ability to adequately monitor their own attempts to recall event details as well as the dependence of such metamemorial competencies on question formats. Eight and 10-year-old children as well as adults (Study 1, N=116; Study 2, N=60) rated their confidence when responding to specific questions about an observed event. Confirming most recent results, children and adults gave higher confidence ratings after correct than after incorrect answers. This ability, however, was limited to an unbiased question format. When being asked misleading questions, children's ability to differentiate was undermined, as reflected in equally high confidence judgments after correct and incorrect answers, even when the interview contained a mix of misleading and unbiased questions. When the interviewer "bombarded" the children with an uninterrupted series of misleading questions, children's difficulties appeared to be even more pronounced. These findings highlight the importance of the way in which questions are asked, and point to age-related progression in the relative impact of questioning style.     

Aiding self-knowledge

ABSTRACT

Some self-knowledge must be arrived at by the subject herself, rather than being transmitted by another’s testimony. Yet in many cases the subject interacts with an expert in part because she is likely to have the relevant knowledge of their mind. This raises a question: what is the expert’s knowledge like that there are barriers to simply transmitting it by testimony? I argue that the expert’s knowledge is, in some circumstances, proleptic, referring to attitudes the subject would hold were she to reflect in certain ways. The expert’s knowledge cannot be transmitted by testimony because self-knowledge cannot be proleptic.