Effects of Experiencing the Eyewitness Identification Procedure on Juror Decisions

Mistaken eyewitness identifications are believed to contribute to a preponderance of wrongful convictions, underscoring the need to identify methods to help decrease the likelihood of false convictions based on eyewitness testimony. The present study tested the hypothesis that providing jurors with first-hand experience with eyewitness identification procedures could help further sensitize them to the limitations of eyewitness testimony. Eighty college students watched a videotaped mock trial in which the prosecution’s sole evidence was eyewitness testimony. In a 2 × 2 randomized factorial design, we manipulated whether participants heard expert psychological testimony (henceforth referred to as expert testimony) on the limitations of eyewitness identification and whether they experienced an eyewitness identification procedure. As predicted, experiencing the eyewitness identification procedure had a significant impact on juror decisions, suggesting that this procedure could further help reduce the likelihood of wrongful convictions.     

Policy Forum: Studying Eyewitness Investigations in the Field

This article considers methodological issues arising from recent efforts to provide field tests of eyewitness identification procedures. We focus in particular on a field study (Mecklenburg 2006) that examined the “double blind, sequential” technique, and consider the implications of an acknowledged methodological confound in the study. We explain why the confound has severe consequences for assessing the real-world implications of this study.     

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.     

Social Influence in Eyewitness Recall: A Meta-Analytic Review of Lineup Instruction Effects

Past research has considered the impact of biased police lineup instructions upon eyewitness lineup performance. Biased instructions either suggest to the eyewitness that the perpetrator is in the lineup or otherwise discourage a no choice response. A meta-analysis of 18 studies was employed to review the hypothesis that biased instructions lead to greater willingness to choose and less accurate lineup identifications than do unbiased instructions. The role of moderating variables in the instruction procedure was also considered. In support of the hypothesis, a significantly higher level of choosing followed biased instructions. Lineup type moderated performance accuracy, however. For target-absent lineups the increased level of choosing following biased instructions resulted in reduced identification accuracy. Biased instructions within a target-present lineup generated a higher level of confidence, but had minimal impact on accuracy. Implications for police practice are discussed.     

A Meta-Analytic Review of the Effects of High Stress on Eyewitness Memory

In the past 30 years researchers have examined the impact of heightened stress on the fidelity of eyewitness memory. Meta-analyses were conducted on 27 independent tests of the effects of heightened stress on eyewitness identification of the perpetrator or target person and separately on 36 tests of eyewitness recall of details associated with the crime. There was considerable support for the hypothesis that high levels of stress negatively impact both types of eyewitness memory. Meta-analytic Z-scores, whether unweighted or weighted by sample size, ranged from –5.40 to –6.44 (high stress condition–low stress condition). The overall effect sizes were –.31 for both proportion of correct identifications and accuracy of eyewitness recall. Effect sizes were notably larger for target-present than for target-absent lineups, for eyewitness identification studies than for face recognition studies and for eyewitness studies employing a staged crime than for eyewitness studies employing other means to induce stress.     

Review panel consensus and post-decision commercial performance: a study of early stage technologies

We examine the ability of review panels to predict commercial success when evaluating early-stage technologies from small business. Specifically we examined whether a screening process resulted in greater consensus among grant panel members, to what extent certain panel members “stuck” to their evaluations, and whether information sharing and panel consensus resulted in better predictions of commercial success. In general, we found that expert panel members tend to move toward consensus after discussion, with technical experts being the most “sticky”. While information sharing does not lead to better prediction, increasing consensus among panel members does indicate a slight improvement in prediction accuracy.     

After 30 Years,What Do We Know about What Jurors Know? A Meta-Analytic Review of Lay Knowledge Regarding Eyewitness Factors

Surveys typically characterize lay knowledge of eyewitness factors as low and highly variable. However, there are notable differences across methodologies, samples, and individual factors. To examine these differences systematically, we took a meta-analytic approach to reviewing the findings of 23 surveys assessing lay knowledge of eyewitness issues. Our analyses examined the beliefs of 4,669 respondents. Overall, respondents correctly agreed with survey items approximately two-thirds of the time. Results revealed significant differences in performance as a function of variable type, question format, and over time. We found few differences as a function of sample type, publication status, or jurisdiction. Although performance varied, a majority of lay respondents achieved “correct” consensus for as many as 11 of the 16 items included in this review.     

The Pointed Shape of a Knife Influences Eyewitness Perception

We examined the hypothesis that a pointed knife attracts particular attention because of its pointed shape. Using a visual search task method, we asked 33 participants to search 3 × 3 matrices containing outlines of knives with pointed blades such as chef’s knives and knives with rectangular blades such as Chinese chopping knives and to determine whether the matrices contained identical or non-identical knives. The participants found a pointed knife within a background of knives with rectangular blades more quickly than under the reverse condition. This result indicates that the pointed shape of a knife has an attribute that captures human attention and suggests that the visual features of a weapon affect eyewitness perception. This research would benefit forensic investigations in countries such as Japan, where gun ownership is banned and perpetrators use knives more often than firearms.     

The Impact of Psychological Consequences of Rape on Rape Case Attrition: The Police Perspective

This paper examines whether the psychological sequelae of rape relate to rape case attrition by leading police to see the victim as less reliable. A mixed methods approach with two linked studies, one qualitative and one quantitative, was used. In Study 1, the qualitative study, interviews with 12 specialist police officers were analysed using Framework Analysis. In Study 2, the quantitative study, 76 specialist officers completed an online questionnaire to assess the generalisability of Study 1’s findings. In Study 1, officers’ perceptions of victims clustered into three stereotypes, which we label “the real victim”, “the mad discloser”, and “the bad discloser”. Victims who exhibited signs of shame, self-blame, and post-traumatic stress reactions which impeded their ability to give a coherent account of the rape were perceived as less reliable “mad” or “bad” victims. The findings of Study 2 supported these results. Although police interview strategies have improved in recent years, there is evidence that signs of trauma and shame in the victim are sometimes misinterpreted as signs of lying. This may affect attrition by impacting on victim-officer relationships. Further training on recognising trauma and understanding its consequences is recommended both for specialist officers and front-line staff.     

The evolution of insanity standards

Health care professionals are often called upon as expert witnesses in insanity determinations. Most are familiar with the “insanity standard” applicable in the court in which they are called to testify. It might be helpful to understand that not all jurisdictions apply the same standard and how the different standards are related. This article is intended to address the problems associated with each insanity “test” presently in use and how “determining” insanity is an evolutionary process.     

A randomized controlled trial of different policing strategies at hot spots of violent crime

Focusing police efforts on “hot spots” has gained acceptance among researchers and practitioners. However, little rigorous evidence exists on the comparative effectiveness of different hot spots strategies. To address this gap, we randomly assigned 83 hot spots of violence in Jacksonville, Florida, to receive either a problem-oriented policing (POP) strategy, directed-saturation patrol, or a control condition for 90 days. We then examined crime in these areas during the intervention period and a 90-day post-intervention period. In sum, the use of POP was associated with a 33% reduction in “street violence” during the 90 days following the intervention. While not statistically significant, we also observed that POP was associated with other non-trivial reductions in violence and property crime during the post-intervention period. In contrast, we did not detect statistically significant crime reductions for the directed-saturation patrol group, though there were non-significant declines in crime in these areas during the intervention period. Tests for displacement or a diffusion of benefits provided indications that violence was displaced to areas near the POP locations, though some patterns in the data suggest this may have been due to the effects of POP on crime reporting by citizens in nearby areas. We conclude by discussing the study’s limitations and the implications of the findings for efforts to refine hot spots policing.     

The impact of general versus specific expert testimonyand eyewitness confidence upon mock juror judgment

Subjects (n=128) initially viewed an eyewitness of high or low confidence. Subsequently, participants viewed a psychologist who gave either espert testimony on the unreliability of eyewitness identification, specific expert testimony, or no expert (control) testimony. Subjects viewing expert testimony believed the eyewitness identified the gunman significantly less often, gave the defendant lower guilt ratings, estimated a lower general percentage of correct identifications under similar circumstances, estimated a lower percentage of general accurate eyewitness testimony, and gave significantly lower ratings to the belief that one can generally tell from eyewitness confidence whether an eyewitness is accurate than subjects in control conditions. Significant differences were also obtained between general and specific expert testimony. Participants viewing specific expert testimony estimated lower general percentages of correct identifications under the circumstances of the crime and reported relying more upon the psychologist's testimony than subjects viewing general expert testimony. Additionally, subjects viewing general expert testimony had significantly less confidence in their gunman vs. innocent person decision than subjects in specific testimony or control conditions. Subjects who viewed the high confidence eyewitness decided that the eyewitness correctly identified the gunman more often, gave the defendant higher guilt ratings, and estimated the general percentage of accurate eyewitness testimony to be significantly higher than jurors in low eyewitness confidence groups. The finding that jurors may continue to rely on eyewitness confidence to gauge the accuracy of the witness even after viewing expert testimony is discussed.     

Asian Sexuality or Singapore Exceptionalism?

Is there such a thing as “Asian sexuality”? Do Asians approach sex in particular ways that are uniquely cultural? Some “Eastern” sex manuals published in English cover the “tao” and tantric philosophies of sex, highlighting the pleasures of Asian styles. Yet, any discourse on “Asian sexuality” must be an orientalist one that pits the West versus the East (Asian). In Singapore, there is an official discourse of sexuality that similarly essentializes West versus East (Asian), and this discourse has long served as the rationale or alibi for repressive sexual policies. In particular, these official constructions make “Asians” as sexually conservative. This essay deconstructs the meaning of “Asian sexuality” as used in the Singapore context and shows the contradictions inherent in official policies that adopt Western colonial laws to proscribe certain sexual practices—albeit in the name of “Asian values”.     

Credit card fraud under Chinese criminal law

Credit card fraud is a new type of fraud amended into the Criminal Law of China in 1997. The “credit card” under credit card fraud is interpreted as a very board concept, which includes debit card and virtually all electronic payment cards used in ordinary payment, credit loan, transfer and settlement of account, cash deposit and withdrawal. Therefore, it is necessary for the legislature to revise “credit card” under this special fraud into “electronic payment card,” and “credit card fraud” into “electronic payment card fraud,” which will be understood easily and precisely. “Use” and “fraudulent use” of credit card under this fraud is defined as ordinary use of credit card, including withdrawal cash with authentic or forged credit card from ATMs. It is unreasonable to define “malicious overdraft” as a form of credit card fraud under the Chinese Criminal Law. In the future amendment, this kind of criminal conduct shall be separated as independent named as “malicious overdraft” or “abuse of credit card” under the Criminal Law with less stiff statutory punishment than that of credit card fraud. Besides, under the Chinese Criminal Law, stealing credit card and using it is held as “theft,” which is neither reasonable nor logical. Therefore, it should be revised in the future criminal law.     

Does Post-identification Feedback Affect Evaluations of Eyewitness Testimony and Identification Procedures?

Two experiments were conducted to test whether post-identification feedback affects evaluations of eyewitnesses. In Experiment 1 (N = 156), evaluators viewed eyewitness testimony. They evaluated witnesses who received confirming post-identification feedback as more accurate and more confident, among other judgments, compared with witnesses who received disconfirming post-identification feedback or no feedback. This pattern persisted regardless of whether the witness’s confidence statement was included in the testimony. In Experiment 2 (N = 161), witness evaluators viewed the actual identification procedure in which feedback was delivered. Instructions to disregard the feedback were manipulated. Again, witnesses who received confirming feedback were assessed more positively. This pattern occurred even when witness evaluators received instructions to disregard the feedback. These experiments are the first to confirm researchers’ assumptions that feedback effects on witnesses translate to changes in judgments of those witnesses.     

Effects of Social Support on Children's Eyewitness Reports: A Test of the Underlying Mechanism

Research on children's eyewitness testimony demonstrates that interviewer-provided social support given during a mock forensic interview helps children resist an interviewer's misleading suggestions about past events. We proposed and tested 1 potential mechanism underlying support effects: Resistance Efficacy, or children's perceived self-efficacy for resisting an interviewer's suggestions. Eighty-one 6- and 7-year-old children experienced a play event, then were interviewed about the event with misleading and specific questions. Consistent with prior research, children interviewed by a supportive person were more resistant to misleading suggestions than were those interviewed by a nonsupportive person. Although Resistance Efficacy did not mediate the effects of interviewer support in the full sample, additional analyses revealed that Resistance Efficacy may be a mediator for older, but not younger, children. Contrary to predictions, children's preexisting social support reserves were not related to children's interview accuracy nor to perceived Resistance Efficacy. Implications for psychological theory are discussed, as well as implications for understanding and improving children's eyewitness reports.     

Eyewitness Memory in Context: Toward a Taxonomy of Eyewitness Error

Although eyewitness memory and identification have captured substantial research interest in the past decades, an understanding of the types and prevalence of errors typically made by eyewitnesses is lacking. The purpose of the present research was to begin the development of a taxonomy of eyewitness error, employing standardized stimuli and established techniques. Respondents were exposed to a crime scene modeled on SWAT-training scenarios for systematically varied exposure times, and were then asked to describe what they had seen. The stimuli and questions employed were prepared with the aid of senior police field training officers. As anticipated, eyewitness performance in general was subject to a variety of inaccuracies. Physical errors, such as mistakes in the clothing or physical characteristics of the perpetrator, or in details of the environmental context, predominated. However, other less-expected errors were also observed: in relatively low numbers of cases, witnesses inferred emotional states or intent on the part of the perpetrator or victim. Some contributed wholly artificial backstories, reported the future actions of the perpetrator or victim as memories, or even inserted themselves into the scene. The pattern of results was shown to interact with exposure time, gender of the perpetrator, and the presence or absence of weapons in the scene. The results of this study are consistent with reconfigurative theory dating to Bartlett (1932), with subsequent research, and with more recent work under the aegis of Gestalt/Feature-Intensive Processing theory. These findings provide information on types and prevalence of eyewitness error which should prove useful in investigative and courtroom settings.     

Organised Criminals as “Agents of Obligation”: The Case of Ireland

Relying on Brown's (2005a, b) thesis that contemporary shifts in penal policy are best understood as a reprisal of colonial rationality, so that offenders become “non-citizens” or “agents of obligation”, this article argues, firstly, that this framework (with certain important refinements and extensions) finds support in developments in Irish criminal justice policy aimed at offenders suspected of involvement in “organised crime”. These offenders have found themselves reconstituted as “agents of obligation” with duties to furnish information about their property and movements, report to the police concerning their location and, importantly, refrain from criminal activity or face extraordinary sanctions. Secondly, it is submitted that this draconian approach to the control of organised crime is built on false premises; specifically the idea that “organised crime” as such exists and is best controlled through restrictions on the freedom of key groups or “core nominals”.     

Young Children’s Competency to Take the Oath: Effects of Task,Maltreatment, and Age

This study examined maltreated and non-maltreated children’s (N = 183) emerging understanding of “truth” and “lie,” terms about which they are quizzed to qualify as competent to testify. Four- to six-year-old children were asked to accept or reject true and false (T/F) statements, label T/F statements as the “truth” or “a lie,” label T/F statements as “good” or “bad,” and label “truth” and “lie” as “good” or “bad.” The youngest children were at ceiling in accepting/rejecting T/F statements. The labeling tasks revealed improvement with age and children performed similarly across the tasks. Most children were better able to evaluate “truth” than “lie.” Maltreated children exhibited somewhat different response patterns, suggesting greater sensitivity to the immorality of lying.