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.     

Rearing practices and impulsivity/hyperactivity symptoms in relation to inflated responsibility and obsessive‐compulsive symptoms

Smári, J., Rúrik Martinsson, D., & Einarsson, H. (2010). Rearing practices and impulsivity/hyperactivity symptoms in relation to inflated responsibility and obsessive‐compulsive symptoms. Scandinavian Journal of Psychology, 51, 392–397. The aim of the study was to investigate potential precursors of inflated responsibility (responsibility attitudes) and obsessive‐compulsive (OCD) symptoms. It was argued that both parental overprotection and impulsivity, separately and in interaction with each other, contribute to inflated responsibility and OCD symptoms. In a large sample of young adults (N = 570), self‐report measures of OCD symptoms (OCI‐R), responsibility attitudes (RAS), anxiety/depression (HADS), rearing practices (EMBU), present and past impulsivity/hyperactivity symptoms (IMP/HY) were administered. Overprotection as well as IMP/HY were found to predict OCD symptoms as well as inflated responsibility. Finally, a significant interaction was found between IMP/HY and overprotection with regard to both OCD symptoms and inflated responsibility. This effect reflected that IMP/HY was more strongly related to OCD symptoms and responsibility in people who had not been overprotected than in people who had been. Conversely overprotection was related to OCD symptoms and responsibility in people low but not in people high in IMP/HY. The results seem to indicate that the inadequacy between offer and need for parental control may play a role in the development of OCD symptoms.     

Psychologists' perceptions of their duty to protect uninformed sex partners of HIV-positive clients.

The purpose of the present study was to determine whether mental health professionals would breach the confidentiality of HIV-infected patients with uninformed sex partners, and how any such disclosure would occur. Subjects read one of eight vignettes that depicted a patient who refused to disclose his viral status. Results revealed a split of opinion about breaching confidentiality and about the preferred mode for doing so. Neither diagnosis nor mode of viral transmission significantly influenced breaching decisions. Subjects demonstrated a high level of AIDS risk knowledge but only a moderate level of legal/ethical knowledge. Implications of these findings are discussed.     

From individual to group impressions: Availability heuristics in stereotype formation

When subjects are presented with information about the attributes of individuals and are then asked to make judgments about the characteristics of the group composed of those individuals, the group impression may depend on the way in which data on individuals are organized in memory. Experiment 1 demonstrated that under conditions of low memory load (16 instances of person-trait pairings), subjects organize their perceptions of a group around the characteristics of its individual members, whereas under high memory load (64 instances of person-trait pairings), subjects organize trait information in an undifferentiated way around the group as a whole. Under low memory load, subjects distinguish between repeated occurrences of a trait in the same individual and comparable repeated occurrences of that trait in different individuals; under high memory load, subjects do not make such a differentiation. Subjects' judgments about the frequency of categories of traits were related to the ease of recall of category instances, as predicted by an availability heuristic. Experiments 2 and 3 demonstrated that group members who are most available in memory will be disproportionately represented in the group impression. Specifically, the proportion of extreme individuals in a group was retro-spectively overestimated; this was true for both physical stimuli (height) and social stimuli (criminal acts).     

From the lab to the police station. A successful application of eyewitness research

The U.S. Department of Justice released the first national guide for collecting and preserving eyewitness evidence in October 1999. Scientific psychology played a large role in making a case for these procedural guidelines as well as in setting a scientific foundation for the guidelines, and eyewitness researchers directly participated in writing them. The authors describe how eyewitness researchers shaped understanding of eyewitness evidence issues over a long period of time through research and theory on system variables. Additional pressure for guidelines was applied by psychologists through expert testimony that focused on deficiencies in the procedures used to collect the eyewitness evidence. DNA exoneration cases were particularly important in leading U.S. Attorney General Janet Reno to notice the eyewitness literature in psychology and to order the National Institute of Justice to coordinate the development of national guidelines. The authors describe their experience as members of the working group, which included prosecutors, defense lawyers, and law enforcement officers from across the country.