The potential of children as eyewitnesses

This study examined children's capabilities in an eyewitness task. Subjects aged five to twenty-two years viewed a confederate interacting with the experimenter and later were asked to tell what had happened, to answer objective questions (including a leading question), and to identify the confederate from 6 photos. The results indicated that although young children were unable to freely narrate what they had observed as thoroughly as adults, they were as accurate as adults in answering objective questions and in identifying the confederate from 6 photos. Additionally, there were no age differences in susceptibility to leading questions.     

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 influences whether a witness is likely to choose from a lineup

Purpose. Much crime is witnessed by more than one eyewitness, and witnesses may learn information about other witness's decisions throughout the identification and trial process. The objective of this paper was to investigate whether hearing about a co‐witness's type of lineup decision and subsequent confidence level affects another witness's type of lineup choice. Methods. A total of 304 undergraduate students watched a crime video with a confederate co‐witness. After the video, the witnesses completed an identification task. Prior to completing the task, the participant learned that the confederate co‐witness either chose from or rejected the lineup and was subsequently confident or not confident in that decision (or heard no co‐witness information). Participants completed the identification task using either a target present (TP) or target absent (TA) lineup. Results. Overall, those who heard the co‐witness chose from the lineup were more likely to choose from the lineup than those who heard no co‐witness information or who heard the co‐witness rejected the lineup. In addition, witnesses who chose from the lineup and heard the co‐witness chose from or rejected the lineup expressed more confidence in that choice if the co‐witness was more confident versus if the co‐witness was less confident. Conclusions. In cases of multiple witnesses, identification decisions may not be independent pieces of evidence. Therefore, it is important that police separate co‐witnesses throughout the identification process.     

Taking Responsibility for an Act Not Committed: The Influence of Age and Suggestibility

Inherent in false confessions is a person taking responsibility for an act he or she did not commit. The risk of taking such responsibility may be elevated in juveniles. To study possible factors that influence individuals' likelihood for taking responsibility for something they did not do, participants in a laboratory experiment were led to believe they crashed a computer when in fact they had not. Participants from 3 age groups were tested: 12- and 13-year-olds, 15- and 16-year-olds, and young adults. Half of the participants in each age group were presented with false evidence indicating liability. Additionally, suggestibility was investigated as a potential individual-difference factor affecting vulnerability to admissions of guilt. Results showed that younger and more suggestible participants were more likely than older and less suggestible participants to falsely take responsibility. Implications of these findings for juvenile justice are discussed.     

Inducing resistance to suggestibility in children

Thirty 7-year-olds, 30 12-year-olds, and 39 adults were administered the Gudjonsson Suggestibility Scale, which consists of a story followed by 20 questions, 15 of which are misleading. After subjects were told that their answers were not all correct, the questions were readministered to look for shifts. Approximately half of the subjects in each age group had been warned that the questions were difficult or tricky and that they should only answer with what they confidently remembered. Results indicated that younger children recalled less of the story and were more likely to acquiesce to leading questions than older children and adults. Children also changed more of their answers upon the second questioning. Recall was negatively correlated with both acquiescence to leading questions and likelihood of changing answers, even within age groups. The warning significantly reduced the effect of misleading questions across all age groups.We gratefully acknowledge the assistance of Jeffery N. Swartwood in analyzing the data and the staff, parents, and students of St. Jude School for their cooperation.     

Mock jurors' perceptions of identifications made by intoxicated eyewitnesses

Abstract

Psychology research has generally neglected intoxicated eyewitnesses. The current study addressed this need by exploring mock jurors' perceptions of intoxicated witnesses. Undergraduate participants read summarized sexual or aggravated battery cases in which either the victim or a bystander identified the defendant under varying intoxication levels. They answered questions about the case and provided verdicts. Participants were sensitive to the effect that intoxication may have on witnesses' cognitive ability, but not to varying degrees of intoxication. Neither the role of the eyewitness nor the type of crime committed had an effect on perceptions of witness impairment. Participants' perceptions of witness impairment informed identification credibility ratings, and credibility assessments affected verdicts. Impairment and credibility ratings fully mediated intoxication's effect on verdicts. Unlike much prior research, our results suggest that mock jurors can consider potentially important witness information when rendering verdicts.     

Age trends in eye-witness suggestibility and compliance

Abstract

This paper addresses two issues: whether there is a developmental trend in suggestibility to misleading post-event information, and whether suggestibility can be reduced by use of part of the cognitive interview. Twenty participants from each of three age groups (four-to-five year olds, eight-to-nine year olds and adults) watched a filmed event, and half of the participants in each age group were subsequently asked to recall everything they had seen using a method derived from the cognitive interview procedure. Following this, all participants were asked questions about the filmed event, some of which incorporated misleading information. Twenty four hours later the witnesses were interviewed again, this time critical questions were included about the truth of the presuppositions introduced in the initial questionnaire. It was found that although the eight-to-nine year olds were more suggestible than adults, the apparent greater suggestibility of very young children (four-to-five years) could potentially be explained in terms of heightened compliance to the perceived demands of the interviewer. The 'be complete' part of the cognitive interview only produced an improvement in performance for the eight-to-nine year olds.     

Judicial perceptions of child witness competence

Concern about the difficulties faced by child witnesses in the legal system has led to two major areas of reform: the relaxation of competence and corroboration requirements, and the introduction of special procedures and physical facilities to reduce the emotional pressures of testifying. Although the implementation of these measures depends largely on judicial discretion, little is known about judicial perceptions of child witnesses and about judicial acceptance of these measures. Fifty magistrates and judges in New South Wales, Australia were asked via interview or questionnaire about their beliefs, concerns, and practices related to child witnesses. There was considerable variability in their views about the competence of child witnesses and the need for special protective measures in court for these witnesses. There was, however, more consensus about those aspects of children's ability to testify that give rise to judicial concerns about their competence. Children's honesty was not at issue; they were generally regarded as being at least as honest as adults, if not more so. They were, however, perceived as highly suggestible and susceptible to the influence of others and prone to fantasy. These findings are consistent with the findings of other studies, and provide a basis for judicial education in relation to child witnesses.     

Forced confabulation more strongly influences event memory if suggestions are other‐generated than self‐generated

Purpose. Virtually all eyewitnesses to a crime, who eventually testify in court, are interviewed by police officers at least once. How do these interviews affect what the eyewitnesses are subsequently likely to report? The purpose of this study is to compare the relative impact of self‐ versus other‐generated misinformation on confabulated memory about an event. Self‐generated misinformation can occur by encouraging eyewitnesses to guess or speculate about possible answers to questions about which they report having no memory. Other‐generated misinformation can occur by having an investigator suggest an answer to an eyewitness. Methods. After viewing a 5 minutes crime video, participants answered written questions. One week later these same questions were answered again. We specifically focused on individuals' answers to unanswerable questions that probed information not actually presented in the video. If a participant answered an unanswerable question, we know that their answer was confabulated because the information was not presented in the video. Results. If an answer to an unanswerable question was forced confabulated at time 1, that answer was more likely to be repeated at time 2 if it had been other‐generated (suggested in the question) rather than self‐generated (fabricated by the participant). Conclusions. Pressuring eyewitnesses to answer questions about an event, when they indicate that they do not know the answer, can result in false confabulations. Answers suggested by the investigator are more likely to be repeated later than are answers that are simply self‐generated or speculated by the eyewitness. These results are consistent with the reality monitoring framework and ‘recollect‐to‐reject’ metacognitive reasoning strategies.     

Public Eyewitness Confidence Ratings Can Differ from Those Held Privately

Despite much research on eyewitness confidence, we know very little about whether confidence ratings given in public might differ from those held privately. This study tested a prediction derived from self-presentation theory that eyewitnesses will give lower confidence ratings in public when there is a possibility of their account being contradicted by other witnesses as compared to when they report their confidence in private. In groups of 3 or 4 people, 96 participants watched a videotape of a simulated robbery and then answered 16 forced-choice questions about details from the videotape. In half of the experimental sessions, the participants shared their answers and confidence ratings aloud with the other participants (public condition), and in the other half, the answers and ratings were not shared (private). As predicted, confidence ratings were significantly lower in the public condition than in the private condition, but the privacy manipulation had no effect on response accuracy. These results are consistent with a self-presentation explanation, and they highlight the need to examine public confidence ratings more thoroughly.     

Differences in suggestibility between 5–6 and 10–11 year olds: The relationship with self confidence

Abstract

Differences in suggestibility and recall between 5–6 and 10–11 year olds were investigated. It was hypothesized that younger children would be more suggestible than older children and that differences in self confidence between older and younger children would influence these differences. It was also predicted that older children would recall more information than younger children, and that this age difference would be less strongly influenced by self confidence. Forty-one 5 and 6 and fifty-six 10 and 11 year olds were interviewed about a video they had witnessed. Several factual and misleading questions were asked, and the percentage of correct answers to the factual questions (to measure recall) and the percentage of incorrect answer to the misleading questions (to measure suggestibility) were calculated. The level of self confidence of the children was measured with six items of the Behavioural Academic Self Esteem Scale (BASE), reflecting self confidence. The outcomes supported the hypotheses: Younger children were more suggestible than older children and this difference disappeared when controlled for self confidence. Older children gave mere information about the event than younger children, and these age differences were, to much less extent, influenced by their self confidence.     

Coercive Interrogation of Eyewitnesses Can Produce False Accusations

In the current study we hypothesized – and found – that coercive interviewing increased the incidences of false accusations made by eyewitnesses. Fifty-nine university students participated in a laboratory study in participant-confederate pairs and were later interviewed about whether the confederate stole a research assistant’s cell phone. Participants interviewed using a Coercive Interview were significantly more likely to falsely accuse the confederate of stealing a cell phone than were participants interviewed using a non-coercive, Control Interview. Our findings raise questions regarding why participants gave false accusations and whether coercive methods could result in more accurate testimony from reluctant witnesses. We suggest the need for potential safeguards, such as the electronic recording of interviews of non-suspect witnesses to prevent or document the use of coercive methods.     

Psychological factors in eyewitness identifications

It has been suggested that incorrect eyewitness identifications have led to more miscarriages of justice than all other factors combined. Several issues which are likely to affect the accuracy of eyewitness identifications are discussed. Research on the impact of race on identifications has illustrated an “own-race bias” in identification accuracy, but it is not yet clear to what extent this bias is related to racial prejudice or amount of cross-racial experience. Although the U.S. Supreme Court has suggested that eyewitnesses who are more certain of their identifications are more likely to be correct, research on this issue has yielded mixed results. Because of its fallible nature, some writers have argued that eyewitness evidence should be used sparingly or not at all in the judicial process. Other suggestions highlight procedures for minimizing bias and providing legal safeguards for the suspect during the identification process, or educating jurors about the potential fallibility of eyewitness evidence by means of judge's cautionary jury instructions or by the use of researchers as expert witnesses. Controversial issues concerning researchers as expert witnesses are discussed.     

Juror Sensitivity to the Cross-Race Effect

Black and White mock jurors' sensitivity to the cross-race effect was investigated by varying the race of the eyewitness in a simulated murder trial of a Black defendant. Participants heard an audiotape of a trial after which they rendered a verdict and rated the credibility of the witnesses. White participants found the prosecution witnesses (including the eyewitness) more credible, and the defense witness less credible, than did Black participants; they were also more likely to find the defendant guilty. The Black eyewitness was perceived as more credible than was the White eyewitness, but eyewitness race had no effect on verdict. These results are consistent with the literature indicating that jurors of different races reach different verdicts, and also that jurors are relatively insensitive to factors that affect eyewitness testimony, such as the cross-race effect.     

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.