From devil’s advocate to crime fighter: confirmation bias and debiasing techniques in prosecutorial decision-making

ABSTRACT

This research examines the role of confirmation bias in prosecutorial decisions before, during and after the prosecution. It also evaluates whether confirmation bias is reduced by changing the decision maker between arrest and prosecution. In Experiment 1, Swedish prosecutors (N?=?40) assessed 8 scenarios where they either decided themselves or were informed about a colleague’s decision to arrest or not arrest a suspect. Participants then rated how trustworthy the suspect’s statement was as well as the strength of new ambiguous evidence and the total evidence. They also decided whether to prosecute and what additional investigative measures to undertake. In Experiment 2 the same method was used with Law and Psychology students (N?=?60). Overall, prosecutors’ assessments before the prosecution indicated that they were able to act as their own devil’s advocate. Also, their assessments while deciding about whether to prosecute were reasonably balanced. However, after pressing charges, they displayed a more guilt-confirming mindset, suggesting they then took on the role as crime fighters. This differed from the student sample in which higher levels of guilt confirmation was displayed in relation to arrested suspects consistently before, during and after a prosecution decision. The role of prosecutors’ working experience is discussed.     

认知脑电位检测在目击证人心理面孔重建中的应用

检验目击证人对犯罪嫌疑人面孔记忆的正确性是一项困难的工作。在证人面孔记忆的语义提取过程中,严格遵守完形原则,尽量减少影响证人记忆和再认的因素,把握细节,可以提高目击证人心理面孔重建的质量。认知脑电位检测法可以通过对记忆反应的脑电图成分、潜伏期、波幅等指标的测量,有效判断证人对列队辨认中的面孔是否存有记忆。本文对脑电位检测在目击证人心理面孔重建中的研究和应用进行综述,希望能为相关研究和实践提供参考。     

Comparison of handmarks in manual strangulation: an experimental study

A police case with a strangulated woman with fingermarks on the neck and two suspects identifying each other as the perpetrator set off a laboratory experiment. Twenty-one males participated in the study. Blue paint was applied to their fingers, after which they grasped a neck dummy and pressed hard as if strangulating someone. The imprint was removed from the dummy, and their hands were photographed. Five imprints were randomly chosen and superimposed on the hand photographs in blind trials. In no cases did we match an imprint to the correct hand. However, in four cases we matched the imprint with several hands, one of which was the correct one. This means we were able to exclude nonmatches in 4/5 cases. Overall, matching of hands and fingermarks is difficult and inconclusive. Objective criteria for matching are difficult to establish, and matching is probably best suited for cases with specific anatomical features.     

Issues in the global applications of methodology in forensic anthropology

The project and research reported in this collection of articles follows a long-term historical pattern in forensic anthropology in which new case work and applications reveal methodological issues that need to be addressed. Forensic anthropological analysis in the area of the former Yugoslavia led to questions raised regarding the applicability of methods developed from samples in other regions. The subsequently organized project reveals that such differences exist and new methodology and data are presented to facilitate applications in the Balkan area. The effort illustrates how case applications and court testimony can stimulate research advances. The articles also serve as a model for the improvement of methodology available for global applications.     

Frequencies of morphological characteristics in two contemporary forensic collections: implications for identification

Positive identification relies on comparison of antemortem and postmortem data. Some identifications are based on morphological features such as fracture, pathological condition, and surgical hardware, despite little literature indicating the frequencies of such traits. This study examines whether such features are sufficiently rare as to be deemed individualizing. Data were collected on two modern North American skeletal collections (N=482 individuals). Presence/absence of features was scored by skeletal element and side. Results indicate that frequencies vary by geographic region (higher frequency of fractures and pathological conditions in New Mexico while individuals in Tennessee were more likely to have surgical interventions), many features such as fractures are remarkably common and that even suites of traits may not be individualizing. Caution is warranted when using written data rather than radiographic comparisons as the primary source of identification. The implications of these findings to missing person databases are also discussed.     

Impact of Defense-Only and Opposing Eyewitness Experts on Juror Judgments

Previous research shows that expert testimony on eyewitness memory influences mock-juror judgments. We examined the extent to which opposing expert testimony mitigates the impact of defense-only expert testimony. Participants (N = 497) viewed a video-taped trial involving an eyewitness identification and individually rendered verdicts and evaluated the evidence and the experts. We manipulated the Foils (unbiased vs. biased) and Instructions (unbiased vs. biased) of the lineup and Expert Testimony (no expert vs. defense-only expert vs. opposing experts). Expert testimony did not significantly influence juror judgments, but the opposing expert testimony diminished the credibility of the defense expert in the eyes of the jurors. Results point to the need for further research on conditions that qualify the impact of expert testimony.     

外伤后诊疗失误医疗纠纷分析

通过对5例外伤后医疗纠纷案件的回顾性分析,探讨了此类医疗纠纷的特点和医疗失误的成因。通过外伤和医疗失误在患者死亡后果中责任程度分析,提出了“死因竞合”和“参与度”的判定原则。并且认为,在涉讼的此类医疗纠纷案件的技术鉴定中,如将对死者进行全面尸体解剖和病理学检验以明确患者死亡的原因作为必要的前置程序．则对于此类案件的科学鉴定具有非常重要的意义。     

Value of DNA evidence in detecting crime

DNA material is now collected routinely from crime scenes for a wide range of offences and the timely processing of the DNA is seen as key to its success in investigating and detecting crime. An analysis of DNA material recovered from the volume crime offences of residential burglary, commercial burglary, and theft of motor vehicle in Northamptonshire, U.K., in 2004 has enabled the DNA to be categorized into seven sources. Further analysis using a logistical regression has revealed a number of predictors, other than timeliness, that greatly influence whether the DNA material recovered from a crime scene enables the crime to be detected. The results indicate that a number of these predictors are of statistical significance and may be just as relevant in determining whether DNA successfully detects the crime as the timeliness of the processing of the DNA material. The most significant predictor was found to be investigating officer accreditation with location, quantity, and type of DNA material at the crime scene also being relevant. Accreditation of the Crime Scene Examiner recovering the DNA material was found not to be significant. Consideration is given to where further emphasis is needed by the U.K. police service to maximize the opportunities to detect volume crime with DNA.     

Failure of anthropometry as a facial identification technique using high-quality photographs

Anthropometry can be used in certain circumstances to facilitate comparison of a photograph of a suspect with that of the potential offender from surveillance footage. Experimental research was conducted to determine whether anthropometry has a place in forensic practice in confirming the identity of a suspect from a surveillance video. We examined an existing database of photographic lineups, where one video image was compared against 10 photographs, which has previously been used in psychological research. Target (1) and test (10) photos were of high quality, although taken with a different camera. The anthropometric landmarks of right and left ectocanthions, nasion, and stomion were chosen, and proportions and angle values between these landmarks were measured to compare target with test photos. Results indicate that these measurements failed to accurately identify targets. There was also no indication that any of the landmarks made a better comparison than another. It was concluded that, for these landmarks, this method does not generate the consistent results necessary for use as evidence in a court of law.     

Antemortem dental records: attitudes and practices of forensic dentists

This study was designed to provide insight concerning the attitudes and practices of forensic dentists regarding antemortem dental records reviewed for purposes of dental identification. Forensic dentists were invited to participate in a 10 item survey. The majority of the respondents reported a considerable amount of experience in dental identifications of the deceased. Sixty-six percent reported having suspected dental negligence or fraud in their antemortem record reviews. Only 17% believe that a forensic dentist should report suspected dental negligence, while 31% agree that dental fraud should be reported. Their response to additional issues addressed in the study suggests diversity in the practices and attitudes of forensic dentists in the use of antemortem dental records. In conclusion, opening a dialogue among practicing forensic dentists may lead to a standardized set of recommendations by the appropriate societies in the forensic dental community.     

Frontal sinus accuracy in identification as measured by false positives in kin groups

The aims of this study were to verify if frontal sinuses can uniquely identify individuals belonging to family groups using Cameriere methods and to test if kinship can affect the proportion of erroneous identifications. For this purpose, we compared the proportion of false-positive identifications in a sample of 99 individuals within 20 families with a control sample of 98 other individuals without kinship. The results show that the combined use of SOR and the Yoshino code number allows personal identification with a small probability of false positives (p < 10(-6)), even when kinship is taken into account. The present research confirms the importance of studying anthropological frameworks for identification, which leads to reliable methods and allows for both quick and economic procedures.     

Speech Watermarking: An Approach for the Forensic Analysis of Digital Telephonic Recordings*

Abstract: In this article, the authors discuss the problem of forensic authentication of digital audio recordings. Although forensic audio has been addressed in several articles, the existing approaches are focused on analog magnetic recordings, which are less prevalent because of the large amount of digital recorders available on the market (optical, solid state, hard disks, etc.). An approach based on digital signal processing that consists of spread spectrum techniques for speech watermarking is presented. This approach presents the advantage that the authentication is based on the signal itself rather than the recording format. Thus, it is valid for usual recording devices in police‐controlled telephone intercepts. In addition, our proposal allows for the introduction of relevant information such as the recording date and time and all the relevant data (this is not always possible with classical systems). Our experimental results reveal that the speech watermarking procedure does not interfere in a significant way with the posterior forensic speaker identification.