The effects of the cognitive interview and other methods of context reinstatement on identification

Abstract

Can reinstatement of encoding context aid eyewitness identification? Two experiments are reported in which participants were asked to identify, from both a Blank and a Filled lineup, a target seen 1-week (Experiment 1) or 3-months (Experiment 2) earlier in a staged live interaction. Identifications were made following either a no context reinstatement (NCR), a CI-type reinstate context (CI-CR), a mental and physical (M&PCR) context reinstatement or a multiple reinstatement of context (Multi-CR) manipulation. In Experiment 1 in the Blank lineup condition, correct rejection (CR) and false identification (FID) rates did not differ between the four context manipulation conditions. However, within the different conditions only Multi-CR showed a significant difference between CR and FID. In the Filled lineup condition, neither correct identification (CID), FID, nor non-identification (NID) rates differed between context conditions. Within the four context conditions only Multi-CR produced significantly more CID than FID. However, the difference between CID and NID in this condition did not differ reliably. In Experiment 2, with the Blank lineup, while the rate of CR did not differ between the three context conditions, the rate of FID did, with Multi-CR producing reliably fewer than the other two conditions. In the Filled lineup condition, no differences between the three conditions for NID or FID were observed but a difference did appear for CID, with CI-CR producing the greatest number of hits. These variable results are discussed in terms of the need to consider other factors in explaining supposed context effects on recognition.     

Suspect/Foil Identification in Actual Crimes and in the Laboratory: A Reality Monitoring Analysis

Four reality monitoring variables were used to discriminate suspect from foil identifications in 183 actual criminal cases. Four hundred sixty-one identification attempts based on five and six-person lineups were analyzed. These identification attempts resulted in 238 suspect identifications and 68 foil identifications. Confidence, automatic processing, eliminative processing and feature use comprised the set of reality monitoring variables. Thirty-five verbal confidence phrases taken from police reports were assigned numerical values on a 10-point confidence scale. Automatic processing identifications were those that occurred “immediately” or “without hesitation.” Eliminative processing identifications occurred when witnesses compared or eliminated persons in the lineups. Confidence, automatic processing and eliminative processing were significant predictors, but feature use was not. Confidence was the most effective discriminator. In cases that involved substantial evidence extrinsic to the identification 43% of the suspect identifications were made with high confidence, whereas only 10% of the foil identifications were made with high confidence. The results of a laboratory study using the same predictors generally paralleled the archival results. Forensic implications are discussed.     

The measurement of open apices of teeth to test chronological age of over 14-year olds in living subjects

Age determination in living subjects is a problem of increasing interest in our community, due to the increasing numbers of individuals without identification papers, who have immigrated illegally or committed crimes, and for whom it is necessary to verify whether they have reached the age of 14 years in order to be charged legally. Although the most widespread methods for age estimation refer to skeletal or dental analysis, these methods do present some drawbacks for identification of the age of 14. The aim of the present study is to discriminate between children who are or are not 14 years of age or older by measuring the open apices of teeth. We evaluated the OPGs of 447 persons aged between 12 and 16 years, of Italian, Croatian and Slovenian nationality. For each individual, dental maturity was estimated using the number of the seven left permanent mandibular teeth with root development complete, and normalized measurement of the open apices of the third molar. The results revealed that an individual is considered to be 14 years of age or older if all seven left permanent mandibular teeth have closed apices and the normalized measurement of open apices of the third molar is lower than 1.1.     

Decision to Know: City of Baton Rouge/Parish of East Baton Rouge v. Stephen C. Myers

Abstract

Stephen Myers was leasing a single‐family residential property in an area zoned A‐1 within the city of Baton Rouge, Louisiana, to four unrelated persons. Per Baton Rouge’s Unified Development Code (UDC) a “family” is defined as “an individual or two (2) or more persons who are related by blood, marriage or legal adoption living together . . . or not more than two (2) persons, or not more than four (4) persons (provided the owner lives on the premises rpar; living together by joint agreement. . . . ” (Myers at 9). In response, the city brought the action seeking to compel Myers to cease his alleged violation of the UDC, and Myers made a reconventional demand alleging the UDC’s definition of family was unconstitutional.     

Guidelines for empirically assessing the fairness of a lineup

Issues regarding the fairness of lineups used for criminal identification are discussed in the context of a distinction between nominal size and functional size. Nominal size (the number of persons in the lineup) is less important for determining the fairness of a lineup than is functional size (the number of lineup members resembling the criminal). Functional size decreases to the extent that the nonsuspect members of the lineup are easily ruled out as not being suspected by the police. The extent to which the identification of the suspect can be considered an independently derived piece of incriminating evidence is positively related to functional size. Empirical estimates of functional size can be obtained through pictures of the corporal lineup from which mock witnesses make guesses of whom they believe the police suspect. A distinction is made between a functional size approach and hypothesis testing approaches. Uses of functional size notions in the court, by police, and in research are discussed.     

Recollections of a robbery

One week after committing a simulated robbery while intoxicated or sober, each of 142 subjects recalled the event within a “cognitive interview”. In an initial exploratory experiment, alcohol consumption reduced the accuracy of recall of a variety of types of information, in particular, information about persons. In the second experiment, person identification suffered following the consumption of alcohol, but only when arousal was low. Higher levels of arousal appeared instead to minimize the negative impact of alcohol upon encoding and recall. Second, whereas the recollections by subjects of what they saw during the crime were not impaired by alcohol consumption, their recollections of what they did were impaired. Both experiments examined the effects of arousal upon the subjects' recalls, and Experiment 2 tested the hypothesis that increased arousal serves to reduce attention to peripheral sources of information. This hypothesis was supported because the identification of persons central to the crime benefited from increased arousal but the identification of persons peripheral to the crime did not. A similar hypothesis about the effects of alcohol received only mixed support because the subjects' behaviors reflected “alcohol myopia” but their identifications of target persons did not. Finally, manipulations at the time of retrieval of the subjects' beliefs about how much alcohol had been consumed also altered accuracy of recall. These experiments were supported by research grants from the Alberta Law Foundation to the first author and from the Social Sciences and Humanities Research Council of Canada to the second author. The authors are indebted to the following people, whose assistance was invaluable: Matthew Davidson, Vanessa Farr, Corinne Kuzma, Eileen McFadzen, Laura Mensch, Debbie Robb, Todd Schultz, and Evelyn Tan. We also thank John Vokey, Brian Cutler, Beth Loftus, Garrett Berman, Marisa Caiola, and an anonymous reviewer who provided critical comments on an earlier version of this paper. This research was presented at the meetings of the American Psychology—Law Society, Williamsburg, March, 1990.     

Age estimation of unaccompanied minors. Part I. General considerations

In recent years many countries have experienced a sharp increase in the demand for forensic age estimates of unaccompanied minors. In many countries the age thresholds of relevance to criminal prosecution lie between 16 and 22 years. In line with recommendations issued by the Study Group on Forensic Age Diagnostics, for determining the age of live subjects a forensic age estimate should combine the results of a physical examination, an X-ray of the hand and a dental examination which records dentition status and evaluates an orthopantomogram. To assess the age of persons who are assumed to be at least 18 years old, an additional radiographic or CT examination of the collar bones is recommended. Forensic age estimates should take account of the ethnic origin and socio-economic status of the person under examination.     

Does methodology matter in eyewitness identification research? The effect of live versus video exposure on eyewitness identification accuracy

The present study examined the effect of mode of target exposure (live versus video) on eyewitness identification accuracy. Adult participants (N=104) were exposed to a staged crime that they witnessed either live or on videotape. Participants were then asked to rate their stress and arousal levels prior to being presented with either a target-present or -absent simultaneous lineup. Across target-present and -absent lineups, mode of target exposure did not have a significant effect on identification accuracy. However, mode of target exposure was found to have a significant effect on stress and arousal levels. Participants who witnessed the crime live had higher levels of stress and arousal than those who were exposed to the videotaped crime. A higher level of arousal was significantly related to poorer identification accuracy for those in the video condition. For participants in the live condition however, stress and arousal had no effect on eyewitness identification accuracy. Implications of these findings in regards to the generalizability of laboratory-based research on eyewitness testimony to real-life crime are discussed.     

Infrared spectroscopy of the dry residue of liquor crystallograms in various diseases

The article presents the results of an examination of the dry residue of liquor crystallograms (DRLC) using infrared spectroscopy technique. 36 spectrograms were studied. Elements of similarity and difference were revealed in the spectrograms of organic substance (antifreeze, sodium cyclamate and fatty tissue), of DRLC of the crystal-forming matter CuCl(2)x2H(2)0, of DRLC of a live person and cadaveric liquor (with no brain injury in respective case histories), of DRLC of liquor of live persons with a brain injury, of DRLC of liquor of persons who died of a brain injury and of persons who died of other causes.     

Attitudes toward ex-offenders: A comparison of social stigmas

Ex-offenders have experienced both a loss of certain civil rights and employment discrimination in the past and continuing research is necessary if their problems are to be dealt with effectively. One hundred eighty-three subjects, representing four occupational categories, were exposed to a personnel management problem involving either an ex-offender, an ex-mental patient, an obese person, or a neutral, nonstigmatized person in order to measure relative discrimination. The ex-offenders fared no worse than the others. There was a relationship, however, between subjects' occupational identification and degree of discrimination toward each of the stigmatized persons. Implications for criminal justice and social policy are discussed.     

Effect of photoarray exposure duration on eyewitness identification accuracy and processing strategy

In this study all offenders admitted to Icelandic prisons over a one year period were approached and 229 (95%) agreed to co-operate with the study. Twenty-seven (12%) of the 229 subjects claimed to have in the past made a false confession during police interviewing. Women prisoners more commonly claimed to have made a false confession than males. The main motives given for having made the false confession were to protect somebody else (48%) and police pressure or escape from custody (52%). The great majority (78%) of the subjects had never retracted the confession, claiming that they had perceived no point in dong so. Twenty-one (78%) of the subjects were convicted of the offenses to which they had, allegedly, made a false confession. The findings in the present study raise the possibility that within an inquisitorial system false confessions may go relatively undetected by the judiciary and be rarely retracted or disputed.     

Just 'Cause You're Smarter than Me Doesn't Give You a Right to Tell Me What to Do: Legitimate Authority and the Normal Justification Thesis

Joseph Raz's famous theory of authority is grounded in threeclaims about the nature and justification of authority. Accordingto the Preemption Thesis, authoritative directives purport toreplace the subject's judgments about what she should do. Accordingto the Dependence Thesis, authoritative directives should bebased on reasons that actually apply to the subjects of thedirective. According to the Normal Justification Thesis (NJT),authority is justified to the extent that subjects are morelikely to comply with right reason by following the authority'sdirectives than by following their own judgments about whatright reason requires.¹ In this article, I consider a number of ways in which NJT mightbe construed as a justification for authority. First, I evaluateNJT construed as a principle that would provide a practicaljustification for an individual to accept or recognize a particularperson or persons as a preemptive authority. Second, I evaluateNJT construed as a principle that describes the conditions underwhich a state or legal system is morally legitimate. I arguethat NJT is true under none of these interpretations.²     

Identification of the unidentified deceased: turnaround times, methods, and demographics in Fulton County, Georgia

CONTEXT: Multiple methods may be employed in an attempt to identify deceased individuals who are unidentified when reported to the medical examiner or coroner. The success and turnaround times of various methods differ. OBJECTIVE: To determine the number of deaths initially involving unidentified individuals, their demographics, the methods used and turnaround times for cases in which identification was successful and the portion of cases that remain unidentified for significant periods of time. DESIGN, SETTING, AND PARTICIPANTS: Retrospective case review of all decedents who were initially unidentified when death was reported to the Fulton County Medical Examiner in Atlanta, Georgia, during a 1-year period between May 2003 and May 2004. MAIN OUTCOME MEASURES: Rate per 1000 deaths which involved an unidentified decedent, tabulation of methods used to make identifications, and rate of cases remaining unidentified. RESULTS: Of 2279 deaths reported to the office, 100 were originally unidentified, resulting in a rate of 44 unidentified decedents per 1000 deaths reported. Those who remained unidentified involved 6 cases, resulting in a "cold case" rate of 2.6 per 1000 deaths. Seventy-eight percent were identified within 2 days, and the most common successful methods were visual identification (52%) and fingerprints (31%). Dental (10%), x-ray (4%), and other methods (6%) were least commonly used. Of the 94 persons identified, all identifications occurred within 29 days. DNA procedures were not needed in most cases, and in the few cases where such tests were needed, results were either unavailable or failed to show a match with known samples. CONCLUSIONS: The majority of unidentified deceased individuals were identified within 2 days, with visual verification or fingerprints accounting for about 83% of methods successfully employed. The medical examiner noted a rate of 44 unidentified deceased persons per 1000 death reports, with an ultimate "cold case" (long-term unidentified) rate of about 2.6 cases per 1000 death reports. These data may be useful in developing office policy and procedure regarding the procedural and temporal aspects of investigations centered on achieving identification and making dispositions of unidentified deceased bodies.     

Problems of assessing sibship probabilities by means of genetic analysis

Nowadays, kinship studies based only on STR analysis are a very common practice. Apart from regular paternity cases, there is a rising number of cases in which the type of sibship between two persons has to be determined. Very often the parents or further relatives are unavailable for testing, so that the probability e. g. for a half-sibship has to be calculated as a deficiency situation. 50 unrelated persons (Group 1), 50 full siblings (Group 2), and 50 half-siblings (Group 3) were genotyped using the 15 STRs comprised by the AmpFlSTR Identifiler multiplex PCR-kit to investigate the reliability of common statistics programs and the indicative value of the calculated probabilities. Using a commercially available statistics program, we calculated probabilities for the following hypotheses: 1. The persons investigated are full siblings; 2. the persons investigated are half-siblings; 3. the persons investigated are unrelated. After STR analysis, half-sibling probabilities between 0.03 %-97.56% for group 1, between 0.01%-78.46% for group 2, and between 24.28%-90.18% for group 3 were calculated. In addition, the authors present two complicated deficiency cases which could be resolved only by extensive DNA typing using X- and Y-chromosomal loci, respectively, as well as the investigation of further relatives. The results of this study suggest that typing of autosomal STRs alone is no sufficient tool for resolving cases of possible half-sibship, even if probabilities of more than 90.0% are obtained. Due to the results of our study we suggest the implementation of mandatory standards for the investigation and interpretation of complicated kinship cases.     

Choosing relatives for DNA identification of missing persons

DNA-based analysis is integral to missing person identification cases. When direct references are not available, indirect relative references can be used to identify missing persons by kinship analysis. Generally, more reference relatives render greater accuracy of identification. However, it is costly to type multiple references. Thus, at times, decisions may need to be made on which relatives to type. In this study, pedigrees for 37 common reference scenarios with 13 CODIS STRs were simulated to rank the information content of different combinations of relatives. The results confirm that first-order relatives (parents and fullsibs) are the most preferred relatives to identify missing persons; fullsibs are also informative. Less genetic dependence between references provides a higher on average likelihood ratio. Distant relatives may not be helpful solely by autosomal markers. But lineage-based Y chromosome and mitochondrial DNA markers can increase the likelihood ratio or serve as filters to exclude putative relationships.     

Identification of victims from two mass-graves in Serbia: a critical evaluation of classical markers of identity

Reliable identification of victims in mass graves is of humanitarian and human rights concern. Because mass graves in the former Yugoslavia usually contain an 'open' population of large numbers of unknown victims and therefore 'presumptive identifications' based on classical markers of identity are problematic, greater reliance is now made on blind matches between victim DNA and a database of donated blood DNA samples from family members of missing persons. Nevertheless, there will always remain a legal and social need to show good correspondence between a DNA-derived identification and classical markers of identity. Moreover, pathologists and anthropologists, who must continue to rely in much of their case work on classical methods, need to evaluate on an ongoing basis the goodness of fit between the two paradigms of identification. The Institute of Forensic Medicine and Laboratory for Anthropology in Belgrade participated in 2001 in the exhumation and identification of more than 300 bodies of Kosovar Albanians interred in two mass graves at Batajnica, near Belgrade, Serbia. Of these bodies, 136 were legally identified by the end of 2003 providing an opportunity for the forensic experts to evaluate their post-mortem findings of classical markers of identity. Sex and age at death of young to middle-aged adults were reliably determined but old adults were markedly under-aged. Stature was reconstructed reliably in 77% of cases. Dental status contributed little to identification efforts. In no case did classical markers of identity require rejection of the DNA-based identification. It is concluded that: sex determination from pelvic bones is very reliable, as are age at death estimates from pelvic and rib standards for young to middle-aged adults but that uncertainty intervals for age at death in older adults be broadened or refined by creation of local osteological standards.     

Clinically Detectable Dental Identifiers Observed in Intra‐oral Photographs and Extra‐oral Radiographs,Validated for Human Identification Purposes

Screening the prevalence and pattern of dental identifiers contributes toward the process of human identification. This research investigated the uniqueness of clinical dental identifiers in photographs and radiographs. Panoramic and lateral cephalometric radiographs and five intra‐oral photographs of 1727 subjects were used. In a target set, two observers examined different subjects. In a subset, both observers examined the same subjects (source set). The distance between source and target subjects was quantified for each identifier. The percentage of subjects in the target set being at least as close as the correct subject was assessed. The number of molars (34.6%), missing teeth (42%), and displaced teeth (59.9%) were the most unique identifiers in photographs and panoramic and lateral cephalometric radiographs, respectively. The pattern of rotated teeth (14.9%) was the most unique in photographs, while displaced teeth was in panoramic (37.6%) and lateral cephalometric (54.8%) radiographs. Morphological identifiers were the most unique, highlighting their importance for human identifications.     

Anthropological data in individualization of skeletal remains from a forensic context in Kosovo--a case history

There are many reports relating to victims and mass graves in the former Yugoslavia. They emphasize the importance of creating local skeletal identification standards. In this paper we deal with the first mass grave examined since the Kosovo crisis started and discuss problems regarding the identification process, especially the coincidence of antemortem with postmortem data. Twelve persons out of 39 bodies were identified using interviews with relatives and correspondence of biological data with personal effects and/or documents. Previous pathology was of crucial importance in the identification of three persons.     

Intelligent dental identification system (IDIS) in forensic medicine

This study reports the design and development of the intelligent dental identification system (IDIS), including its efficiency and reliability. Five hundred patients were randomly selected from the Dental Department at Police General Hospital in Thailand to create a population of 3000 known subjects. From the original 500 patients, 100 were randomly selected to create a sample of 1000 unidentifiable subjects (400 subjects with completeness and possible alterations of dental information corresponding to natural occurrences and general dental treatments after the last clinical examination, such as missing teeth, dental caries, dental restorations, and dental prosthetics, 100 subjects with completeness and no alteration of dental information, 500 subjects with incompleteness and no alteration of dental information). Attempts were made to identify the unknown subjects utilizing IDIS. The use of IDIS advanced method resulted in consistent outstanding identification in the range of 82.61-100% with minimal error 0-1.19%. The results of this study indicate that IDIS can be used to support dental identification. It supports not only all types of dentitions: primary, mixed, and permanent but also for incomplete and altered dental information. IDIS is particularly useful in providing the huge quantity and redundancy of related documentation associated with forensic odontology. As a computerized system, IDIS can reduce the time required for identification and store dental digital images with many processing features. Furthermore, IDIS establishes enhancements of documental dental record with odontogram and identification codes, electrical dental record with dental database system, and identification methods and algorithms. IDIS was conceptualized based on the guidelines and standards of the American Board of Forensic Odontology (ABFO) and International Criminal Police Organization (INTERPOL).