Research note: evidence for moving to an 84-person photo lineup

The traditional six-to-ten person lineup is known to be extremely unreliable. Witnesses who choose someone when the suspect is innocent are too likely to choose that suspect. One solution is to enlarge the lineup in a manner that reduces mistaken identification far more than it lowers correct identification of the culprit. This experiment was built on past research, and it displayed to witnesses lineups consisting of sets of 12 photographs in an album, either two sets (24 photos) or seven sets (84 photos). No difference was found between witnesses for the 24-person lineup or the 84-person lineup in either their ability to identify the target whom they had seen previously, or in the number of mistaken choices of someone in lineups where the target was absent. Since the chance that the witness might mistakenly identify the suspect is far less in the 84-person lineup, lineups should consist of at least that number.

论刑事照相中的取景构图

摄影构图是照片表现力的关键,要拍摄制作出一张符合要求的刑事照片,除技术上的高标准以外,在很大程度上还有赖于正确地运用摄影构图。在实际工作中,刑事照相中的摄影构图已引起了一定的重视,但还存在一些问题,笔者从刑事照相的特点、刑事照相的取景构图处理及技巧等几个方面作一些讨论。     

Perspectives on the impact of lineup composition,race, and witness confidence on identification accuracy

This paper addresses a number of issues suggested by the Lindsay and Wells (1980) study on lineup composition and identification accuracy. The interaction between bias in instructions to the witness, presence or absence of the criminal from the lineup, and similarity between the suspect and the lineup foils are discussed. Although Lindsay and Wells suggest that witness confidence has little or no relationship to witness accuracy, it is pointed out that a recent field study found a substantial accuracy-confidence relationship when criminal-present photo lineups were used. There are not yet clearcut findings on the accuracy-confidence relationship in criminal-absent lineups, partially because of ambiguity in the definition of confidence in this situation. Although there is much research on the impact of the race of suspect and witness on identification accuracy, little attention has been paid to the race of the person who constructs the photo or corporeal lineup. Recent research results lead to the prediction of an interaction between all three of these factors on identification accuracy, with greatest accuracy when the lineup constructor and lineup members are of the same race and the witness is of a different race. Issues in the applicability of the results of Bayesian analyses to the judicial system are briefly discussed. Potential issues include the tendency to see researchers solely as advocates for the defense, and the tendency of people to disregard statistical summaries such as base rate data and research results when making individual decisions. An additional issue concerns Bayesian diagnosticity ratios (derived from rates of correct and false identifications) which can be logically and statistically equivalent to one another but differ considerably in their legal applications and value relevance.     

性侵儿童案中被害人陈述可信度判断研究

在性侵儿童案中,由于被害儿童身心特点,导致其作证能力和证言可信度常存在争议。但实际上年幼不是否认儿童作证能力的决定性因素。在性侵儿童案件中,要摒弃过度纠缠于对儿童作证能力的争议,将作证能力与证言可信度分开,肯定其作证能力,而着重判断证言可信度。通过对371份性侵儿童案件的裁判文书的分析可知,判断儿童被害人陈述可信度的因素与判断成年被害人陈述可信度的因素大致相同,同时实践中也结合儿童的特点提出了有针对性的考量因素。因此,对"童言"过于忌惮实无必要。在判断儿童被害人陈述可信度时,可以主要依靠判断被害人(证人)可信度的通常方法,同时更多地引入专家证人/辅助人帮助理解儿童行为和心理特点。这样将有助于解决儿童作证涉及的证明问题,更好地保护儿童权益。     

An attempt to reduce guessing behavior in children's and adults' eyewitness identifications

The effects of age of witness, gender of witness, lineup presentation, and practice on eyewitness testimony were investigated. Ninety-six elementary-school children and 96 college students viewed a slide sequence of a crime, followed by target-present or target-absent photo identification in sequentially or simultaneously presented lineups. Prior to photo identification, half the subjects received a practice lineup. Children had a higher rate of choosing than adults, resulting in more foil identification errors in both target-present and target-absent lineups. Without prior practice, sequential presentation as compared to simultaneous presentation reduced errors in target-absent lineups for adult witnesses and showed a similar but nonsignificant reduction for child witnesses. With prior practice, sequential presentation lost the advantage over simultaneous presentation in target-absent error reduction. Practice reduced target-absent errors in simultaneous-presentation lineups for both age groups.     

Survey of the conclusions drawn of similar footwear cases in various crime laboratories

This study focuses on the reporting of shoeprint cases concerning the possibility of various laboratories drawing different conclusions from similar cases. For this purpose, six sets of photographs — six fictitious crime cases — were prepared. The six cases were distributed to the 34 crime laboratories having registered for the European Meeting for Shoeprint and Toolmark Examiners. The examiners in different laboratories were asked to examine the cases and to draw their conclusions from each of them based on pattern, shape, size and the accidental characteristics marked on the photos. The expressions for the conclusions were selected as degrees of probability. The examiners were asked to follow the expressions given, even if they were not using the same wording in their own reports. Based on the survey, there seem to be remarkable variations in the conclusions of shoeprint reports drawn from identical cases in different crime laboratories.     

The Cognitive Interview: novice police officers' witness/victim interviewing practices

Abstract

The objective of this study was to investigate novice police officers’ witness interview practices immediately post investigative interview training (known as PEACE) with reference to the eight Cognitive Interview (CI) components taught. Forty-eight UK police officers took part as interviewers. Forty-eight undergraduates participated as mock witness; they viewed a non-violent crime video and 2 days later were individually interviewed by a police officer. Interviews were recorded and rated for officers’ application of the CI procedure.

Despite having recently completed the only training available to them no officer applied or attempted to apply the CI procedure in its entirety. However, some of the individual CI components were applied more frequently than others. This study provides a unique insight into the interviewing practices of some of the least researched, least experienced, and least trained investigative interviewers who, nonetheless, conduct witness interviews on a daily basis. The emergent picture suggests that either the CI procedure currently taught to novice police officers is too complex at so early a stage in their police career and/or that the current training may be insufficient to equip them with the skills necessary to effectively apply the procedure.     

证明标准新探

证明标准是诉讼中极其重要而又难以准确把握的问题。为了将证明标准的研究推向深入,需要从新的视角对其进行考察。证明标准具有无形性、模糊性、法律性、最低性等特征。证明标准的确定受诉讼证明的特殊性、案件的性质、事实的重要程度、证明的困难程度等因素的影响。裁判者适用证明标准错误有把握标准过高和过低两种基本形态,它们都将导致认定事实错误。     

利用恒锐痕检/文检图像处理系统鉴定合成照片

目的通过运用软件分析鉴别照片内容的真伪,为伪造图片的鉴定提供一些技术方法。方法分别运用PhotoshopCS2和恒锐痕检/文检图像处理系统中的一些功能对照片中的内容进行处理分析。结果照片中两部分内容所呈现出的多处特征点的对应和其伪彩色影像的大面积重合,不符合自然规律,系复制合成照片。结论恒锐痕检/文检图像处理系统强大而简便的功能不仅为痕检、文检工作提供了强有力的支持,也为影像的检验鉴定提供了条件。     

我国证人保护制度的反思与重构

证人保护制度是保障证人出庭作证的关键性措施之一.现行立法确立的证人保护制度过于简略,缺乏可操作性,且侧重于对证人的事后保护.这种立法上的不尽如人意使证人不敢出庭作证,导致证人作证制度虚无化,因此亟待重构我国的证人保护制度.     

Assessing facial approximation accuracy: how do resemblance ratings of disparate faces compare to recognition tests?

In the past, the accuracy of facial approximations has been assessed by resemblance ratings (i.e., the comparison of a facial approximation directly to a target individual) and recognition tests (e.g., the comparison of a facial approximation to a photo array of faces including foils and a target individual). Recently, several research studies have indicated that recognition tests hold major strengths in contrast to resemblance ratings. However, resemblance ratings remain popularly employed and/or are given weighting when judging facial approximations, thus indicating that no consensus has been reached. This study aims to further investigate the matter by comparing the results of resemblance ratings and recognition tests for two facial approximations which clearly differed in their morphological appearance. One facial approximation was constructed by an experienced practitioner privy to the appearance of the target individual (practitioner had direct access to an antemortem frontal photograph during face construction), while the other facial approximation was constructed by a novice under blind conditions. Both facial approximations, whilst clearly morphologically different, were given similar resemblance scores even though recognition test results produced vastly different results. One facial approximation was correctly recognized almost without exception while the other was not correctly recognized above chance rates. These results suggest that resemblance ratings are insensitive measures of the accuracy of facial approximations and lend further weight to the use of recognition tests in facial approximation assessment.     

An investigation into the accuracy and reliability of skull-photo superimposition in a South African sample

One of the aims of forensic science is to determine the identities of victims of crime. In some cases the investigators may have ideas as to the identities of the victims and in these situations, ante mortem photographs of the victims could be used in order to try and establish identity through skull-photo superimposition. The aim of this study was to evaluate the accuracy of a newly developed digital photographic superimposition technique on a South African sample of cadaver photographs and skulls. Forty facial photographs were selected and for each photo, 10 skulls (including the skull corresponding to the photo) were used for superimposition. The investigator did not know which of the 10 skulls corresponded to the photograph in question. The skulls were scanned 3-dimensionally, using a Cyberware? Model 3030 Colour-3D Scanhead scanner. The photos were also scanned. Superimposition was done in 3D Studio Max and involved a morphological superimposition, whereby a skull is superimposed over the photo and assessed for a morphological match. Superimposition using selected anatomical landmarks was also performed to assess the match. A total of 400 skull-photo superimpositions were carried out using the morphological assessment and another 400 using the anatomical landmarks. In 85% of cases the correct skull was included in the possible matches for a particular photo using morphological assessment. However, in all of these cases, between zero and three other skulls out of 10 possibilities could also match a specific photo. In the landmark based assessment, the correct skull was included in 80% of cases. Once again, however, between one and seven other skulls out of 10 possibilities also matched the photo. This indicates that skull-photo superimposition has limited use in the identification of human skeletal remains, but may be useful as an initial screening tool. Corroborative techniques should also be used in the identification process.     

The Effect of Post-ID Feedback on Retrospective Self-Reports in Showups

This study examined the effects of post-identification feedback on witness retrospective self-reports in showups and lineups, and importantly, focused on guilty and innocent suspect identifications. After viewing a mock crime video, participants were asked to identify the suspect from either a target-present or target-absent photo lineup or showup. Participants were randomly assigned to receive confirming feedback (“Great job, you made the correct decision”) or no feedback about their identification, before self-reporting confidence, view, attention, willingness to testify, and trust of a witness with a similar view. We replicated the typical finding that confirming feedback inflated witness self-reports and resulted in a larger proportion of witnesses meeting the credibility threshold necessary to testify. Importantly, we also found that showups had significantly higher self-reports than lineups, despite the equal discriminability achieved in this study between these two procedures. These data provide yet another reason for the police to restrict use of showups.     

Eyewitness testimony of children in target-present and target-absent lineups

The effects of age of witness and age of suspect on eyewitness testimony were investigated. Forty-eight elementary school children and 48 college students viewed a slide sequence of a mock crime. This was followed by target-present or target-absent photo identification with a no-choice option, central and peripheral questions related to the crime, and a second photo identification. In photo identification, child witnesses had a higher rate of choosing than adult witnesses, suggesting that children have more lax criteria of responding. The accuracy data showed similar levels of sensitivity across ages although there was a trend toward reduced accuracy of child witnesses in target-absent lineups. All witnesses made more total choices and more correct rejections with child-suspect lineups than adult-suspect lineups. Central questions were answered better than peripheral questions by both age groups, but adults made significantly more “don't know” choices.     

Co-witness Information Can Have Immediate Effects on Eyewitness Memory Reports

When questioning a reluctant witness, investigators sometimes encourage the witness by providing information about what other witnesses have said. Three experiments were conducted to test the combined effects of such co-witness information and suggestive questioning on the accuracy of eyewitness memory reports. Experiment 1 was analogous to the experience of a witness who receives information from an interviewer or questioner about what other witnesses have already said, whereas Experiments 2 and 3 simulated the situation in which a witness receives information directly from a co-witness. In all three experiments, when participants received incorrect information about a co-witness's response, they were significantly more likely to give that incorrect response than if they received no co-witness information. This effect persevered in a delayed memory test 48 h after the initial questioning session in Experiment 3. Accuracy rates were lowest of all when incorrect co-witness information was paired with questioning that suggested an incorrect response. These results have implications not only for the immediate effects on the accuracy of witnesses' memory reports, but also for the impact that even one such inaccurate report can have on the manner in which a case is investigated by the police or other authorities.     

Lineup Administrators' Expectations: Their Impact on Eyewitness Confidence

This research focuses on how lineup a administrators influence eyewitnesses' postidentification confidence. What happens to witness confidence when a witness makes an identification that confirms the lineup administrator's expectations; what happens when this expectation is not confirmed? In Experiment 1, participant interviewers (n = 52) administered target-absent photo lineups to participant witnesses (n = 52). The interviewers did not view the simulated crime, but were told the thief's position in the lineup. In every instance this information was false (we used a target-absent lineup). A one-way ANOVA revealed that eyewitness identification confidence was malleable as a function of interviewers' beliefs about the thief's identity. In Experiment 2, participant jurors (n = 80) viewed 40 testimonies of Experiment 1 witnesses (2 participants viewed each testimony). Participant jurors judged all participant witnesses as equally credible despite their varying levels of postidentification confidence.

     

A Problem with Double-Blind Photospread Procedures: Photospread Administrators Use One Eyewitness's Confidence to Influence the Identification of Another Eyewitness

In Experiment 1, photospread administrators (PAs, N = 50) showed a target-absent photospread to a confederate eyewitness (CW), who was randomly assigned to identify one photo with either high or low confidence. PAs subsequently administered the same target-absent photospread to participant eyewitnesses (PWs, N = 50), all of whom had viewed a live staged crime 1 week earlier. CWs were rated by the PAs as significantly more confident in the high-confidence condition versus low-confidence condition. More importantly, the confidence of the CW affected the identification decision of the PW. In the low-confidence condition, the photo identified by the CW was identified by the PW significantly more than the other photos; there was no significant difference in photo choice in the high-confidence condition. In spite of the obvious influence exerted in the low-confidence condition, observers were not able to detect bias in the photospread procedures. A second experiment was conducted to test a post-hoc explanation for the results of Experiment 1: PAs exerted influence in the low-confidence condition because they perceived the task as more difficult for the eyewitness than in the high-confidence condition. Independent observers (N = 84) rated the difficulty of the confederate's task as higher in the low-confidence condition compared with the high-confidence condition, suggesting that expectations of task difficulty might be driving the effect observed in Experiment 1. Results support recommendations for double-blind photospreads and emphasize that the same investigator should not administer photo lineups to multiple eyewitnesses in an investigation.     

Who are the most highly cited forensic scientists in the United States?

The most highly cited forensic practitioners in the United States were identified using a publicly available citation database that used six different citation metrics to calculate each person's composite citation score. The publication and citation data were gleaned from Elsevier's SCOPUS database, which contained information about ~7 million scientist each of whom had at least five entries in the database. Each individual was categorized into 22 scientific fields and 176 subfields, one of which was legal and forensic medicine (LFM). The database contained citation records for 13,388 individuals having LFM as their primary research discipline and 282 of these (2%) were classified as being highly cited. Another 99 individuals in the database had LFM as their secondary discipline, making a total of 381 highly cited forensic practitioners from 35 different countries. The career-long publication records of each individual were compared using their composite citation scores. Of the 381 highly cited scientists, 93 (24%) had an address somewhere in the United States. The various branches of forensics they specialized in were anthropology, criminalistics, DNA/genetics, odontology, pathology, statistics/epidemiology, and toxicology. The two most highly cited scientists, according to their composite citation score, were both specialists in DNA/genetics. Bibliometric methods are widely used for evaluating research performance in academia and a similar approach might be useful in jurisprudence, such as when an expert witness is instructed to testify in court and explain the meaning of scientific evidence.