CAN A PERPETRATOR WRITE A TESTIMONIO? Moral Lessons from the Dark Side

By posing a heuristically provocative question, this essay compares and explores in some detail the testimonies of three infamous perpetrators from the Nazi period—Albert Speer, Rudolph Hoess, and Adolf Eichmann—for what they reveal about their motives, ideological thinking, and strategies of denial and self-deception, as well as influences from their social, political, and cultural context. The conclusion drawn is that many of the external and internal factors at work in them are recognizable to us as features of our own moral experience and, further, that this recognition is particularly important for motivating self-scrutiny in our own lives for any hints of impending complicity with moral evil.     

Not too ‘shy’ to help catch a thief: Recall memory of shy versus non-shy witnesses

Witness shyness was examined to determine its impact on recall accuracy in two experiments. It was hypothesized that shyness would facilitate witness accuracy, under some conditions. In Experiment 1, witnesses were asked to respond to directed recall questions probing crime event and culprit details. Non-shy and shy witnesses produced comparable accuracy rates when describing the culprit. In contrast, non-shy witnesses were more accurate when describing crime environment details than shy witnesses. In Experiment 2, arousal was manipulated and a free recall approach was used to assess recall accuracy. Under low arousal, shy witnesses were more accurate at describing the culprit than non-shy witnesses, whereas, non-shy witnesses were more accurate at describing crime details than shy witnesses. Under high arousal, differences in accuracy were not observed across shy and non-shy witnesses.     

Mood effects on eyewitness memory: Affective influences on susceptibility to misinformation

Does mood influence the accuracy of eyewitness recollections, and people’s susceptibility to misleading information in particular? Based on recent affect-cognition theories and research on eyewitness memory, three experiments predicted and found that positive affect promoted, and negative affect inhibited the incorporation of misleading information into eyewitness memories. This effect was obtained for both positive and negative events (Experiment 1), and for recorded as well as real-life incidents (Experiment 2). Participants had no meta-cognitive awareness of these mood effects, and affect-control instructions were ineffective in preventing them (Experiment 3). The cognitive mechanisms responsible for mood effects on eyewitness memories are discussed, and the implications of these findings for everyday memories, forensic practice and for current affect/cognition theorizing are considered.     

Effects of delay on episodic memory retrieval by children with autism spectrum disorder

Twenty‐seven 6‐ to 15‐year‐old children with autism spectrum disorder (ASD) and 32 typically developing (TD) children were questioned about their participation in a set of activities after a 2‐week delay and again after a 2‐month delay using a best practice interview protocol. Interviews were coded for completeness with respect to the gist of the event, the number of narrative details provided, and accuracy. Results indicated that children with ASD did not differ from TD peers on any dimensions of memory after both delays. Specifically, both groups of children provided equivalently complete accounts on both occasions. However, children in both groups provided significantly fewer narrative details about the event in the second interview, and the accuracy rates were lower. The findings indicate that, like TD children, children with ASD can provide meaningful and reliable testimony about an event they personally experienced, but several aspects of their memory reports deteriorate over time.     

Is knowledge of causes sufficient for understanding?

According to a traditional account, understanding why X occurred is equivalent to knowing that X was caused by Y. This paper defends the account against a major objection, viz., knowing-that is not sufficient for understanding-why, for understanding-why requires a kind of grasp while knowledge-that does not. I discuss two accounts of grasp in recent literature and argue that if either is true, then knowing that X was caused by Y entails at least a rudimentary understanding of why X occurred. If my defense is successful, it would cast doubt on an influential account of the epistemic value of understanding.     

The effects of confederate influence and confidence on the accuracy of crime judgements

Building on recent work which has investigated social influences on memory and remembering, the present experiment examined the effects of social pressure and confederate confidence on the accuracy and confidence of eyewitnesses. Sixty undergraduate participants watched a video of a staged mugging and then answered questions about the video out loud in the presence of either one or three confederates who had also watched the film with them. Unbeknownst to the participant, the confederate(s) always gave incorrect responses to four out of the eight questions. Participants and confederates were also asked to give confidence scores out loud for each of their answers. Again, unbeknownst to the participant, the confederate(s) always expressed either high or low confidence scores for the incorrect information, depending on condition. Participants gave fewer correct answers, and were less confident, in the presence of three, as opposed to one, confederates. Participants were also more confident, yet no more accurate, when the confederate(s) gave high, as opposed to low, confidence scores. Thus the presumed independence of evidence given by multiple witnesses cannot be safely assumed.     

My heart is on my tongue: the untranslated self in a translated world

Abstract: The South African Truth and Reconciliation Commission (TRC) was the first body to provide translation in all the languages of the country, setting people free from groping around with distorted tongues, unable to see, talk or hear one another … After three centuries of silence South Africans could daily hear the black voice talking and being translated; for the first time white South Africans could hear and listen. Through translation we could access our deepest emotions and feelings. But among the two thousand testimonies there were some that were incomprehensible, that confirmed every racial stereotype built up over many years of apartheid. What does one do with these ‘untranslatable’ narratives? This paper looks at one TRC testimony and one Bushmen story, both of them translated from indigenous languages and both posing enormous moral dilemmas. Read in a particular way, the Bushmen story seems to say that they had no sense of responsibility. I will look at the story in its cultural context as revealed through translation to see if another conclusion is possible. In the TRC testimony, I and two colleagues looked at the slippages between the original Xhosa testimony and the interpreted version and explore the consequences thereof. I want to make the point that a narrative can be experienced as discriminatory and ethically problematic when read through a particular, in this case a western, perspective. But the moment there is an attempt to interpret the narrative via its embeddedness in an indigenous worldview, it becomes breathtakingly ethical, fair and logical.     

The Confidence of Eyewitnesses in Their Identifications From Lineups

The confidence that eyewitnesses express in their lineup identifications of criminal suspects has a large impact on criminal proceedings. Many convictions of innocent people can be attributed in large part to confident but mistaken eyewitnesses. Although reasonable correlations between confidence and accuracy can be obtained under certain conditions, confidence is governed by some factors that are unrelated to accuracy. An understanding of these confidence factors helps establish the conditions under which confidence and accuracy are related and leads to important practical recommendations for criminal justice proceedings.