Secondary Confessions as Post-identification Feedback: How Jailhouse Informant Testimony Can Alter Eyewitnesses’ Identification Decisions

Prior research has shown that primary confession evidence can alter eyewitnesses’ identifications and self-reported confidence. The present study investigated whether secondary confession evidence from a jailhouse informant could have the same effect. Participants (N?=?368) watched a video of an armed robbery and made an identification decision from a photo lineup. Except for those in the no-feedback conditions, all participants then read that certain lineup members either confessed to the crime, denied involvement, or were implicated by a jailhouse informant. Jailhouse informant testimony implicating the identified lineup member led participants to have significantly higher confidence in their identification. In contrast, jailhouse informant testimony that implicated a lineup member other than the identified led participants to have significantly lower confidence in their initial identification, and 80% of these witnesses changed their identification. These results indicate that jailhouse informant testimony can influence eyewitnesses’ confidence and their identification decisions.     

Effects of inconsistent eyewitness statements on mock-jurors' evaluations of the eyewitness,perceptions of defendant culpability and verdicts

In attempting to discredit an eyewitness, it is a common strategy for an attorney to highlight inconsistencies in the eyewitness's recall testimony during cross-examination and encourage the jurors to infer, based on those inconsistencies, that the eyewitness's memory is faulty. An experiment was conducted to examine the effectiveness of this cross-examination strategy. Subjects viewed a simulated cross-examination and rendered judgmenets about the eyewitness and defendant. The type of inconsistent testimony was manipulated between subjects. Subjects exposed to inconsistent recall testimony about either central or peripheral details perceived the eyewitness as less credible (as evidenced by ratings on multiple dimensions) and the defendant as less culpable. Inconsistency on central details led to fewer convictions. Results point to the effectiveness of this cross-examination strategh.     

Measuring criminal attributions with a normative instructional set: Is there a difference?

1Purpose . The purpose of this study was to evaluate the utility of the Criminal Attribution Inventory's (CRAI) normative instructional set (respondent's perception of the average type of crime) in assessing criminal attributions. Methods . To determine the role of the CRAI's instructional set, a content‐equivalent, personal instructional CRAI set was created. Correlations with an established criminal attribution scale (Blame Attribution Inventory [BAI]) and a measure of socially desirable responding (Paulhus deception scales [PDS]) were calculated. Partial correlations between the CRAI and BAI, controlling for the personal instructional CRAI, were calculated. Partial correlations were also calculated between the personal instructional CRAI and the BAI, controlling for socially desirable responding. Results . The normative instructional CRAI assessed similar domains as the personal instructional CRAI and made an additional contribution to criminal attributions. Socially desirable responding was minimally related to the normative instructional CRAI and could not account for the differences between the normative and personal instructional CRAI sets. Conclusions . The CRAI's normative instructional set assesses personal criminal attributions within the external blame domain assessing unique attributional variance. Such an instructional set has utility in assessing criminal attributions among those offenders who deny their offences.     

Stigma and wrongful conviction: all exonerees are not perceived equal

Exonerees report experiencing stigma post-incarceration. This research examined whether particular exonerees are stigmatized more than others. Participants read an article about a fictional exoneree who falsely confessed, was misidentified by an eyewitness, or was implicated by a jailhouse snitch, and then reported their perceptions. Participants in the control condition did not read an article. An exoneree who falsely confessed was more likely to be perceived as actually guilty of the crime, less competent, and less warm than the other exonerees, but participants did not express more anger or less pity toward any particular exoneree. Participants did express more pity when rating exonerees than in the control condition, but this did not translate into a greater willingness to offer the exonerees more governmental assistance (e.g., job training, psychological counseling). Exonerees who falsely confess were stigmatized more than other exonerees. The implications for the post-incarceration experiences of exonerees who falsely confess are discussed.     

Forensic Science

Scientific evidence is often more reliable than other types of evidence commonly used in criminal trials – i.e., eyewitness identifications, confessions, and informant testimony. Nevertheless, despite its obvious value, forensic science has not always merited the term "science." Three developments in the 1990s focused attention on its shortcomings: the advent of DNA profiling, the Supreme Court's "junk science" decision, and a number of wellpublicized crime laboratory scandals. In light of these developments, and in order to take full advantage of the power of forensic science to aid in the search for truth, a number of reforms are needed: Crime laboratories should be accredited, lab procedures should be standardized, and basic research needs to be conducted on many commonly used techniques. Court procedures also require improvement: Defense experts should be more readily available to indigent defendants, and more comprehensive pretrial disclosure of the substance of expert testimony should be provided.     

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.

     

Cameras in the courtroom

The present experiment examined some of the key psychological issues associated with electronic media coverage (EMC) of courtroom trials. Undergraduate student subjects served as eitherwitnesses orjurors in one of three types of trials:EMC, in which a video camera was present; conventional media coverage (CMC), in which a journalist was present; or, ano-media control, in which no media representative or equipment was present. Students who served as witnesses first viewed a 5-min videotape of a reenacted armed robbery. Days later, these students testified as witnesses to the crime in front of a jury of peers. Measures assessed the following: witness and juror attitudes toward EMC, witness report and juror perceptions of nervousness and media distraction, juror perceptions of witness testimony, and witnesses' ability to accurately recall aspects of the crime event. Results showed that EMC witnesses and jurors had significantly more favorable attitudes toward EMC than participants in the other two conditions. And, although EMC witnesses and jurors both reported greater witness nervousness, distraction, and awareness than those in the CMC condition, the EMC experience did not impair witnesses' ability to accurately recall the details of the crime or witnesses' ability to communicate effectively. The psychological and legal policy implications of these findings are discussed.     

“Where's Whitey?”: Black Mass, ethnic criminality, and the problem of the informant

The essay is an interdisciplinary examination of the popular American tradition of organized-crime narratives based on the testimony of criminal informants. Primarily, it examines the most prominent current instance of this tradition: a book entitled Black Mass: The Irish Mob, the FBI, and a Devil's Deal (2000), depicting the recent scandal involving James “Whitey” Bulger. While this book is often received as a contemporary exposé of the ethical perils of informant use in combating organized crime, it actually reiterates the chronic interpretive pitfalls of more traditional “gangland” informant narratives like Murder, Inc. (1951) or Peter Maas's The Valachi Papers (1968). Black Mass's adoption of a classical “noir” literary form, meanwhile, imports certain traditional assumptions that often make these popular narratives immune to recent academic revisions: assumptions about the “Fordist” character of criminal organization, about the uncanny but invisible skills of modern ethnic gangsters, and about the relationship of the state to organized crime. Portions of this paper were presented at a conference hosted by the University of Chicago in May 2004: “Constructing the Current: Theorizing Media in a New Millennium”.     

Attribution of crime motives biases eyewitnesses’ memory and sentencing decisions

In court, the basic expectation is that eyewitness accounts are solely based on what the witness saw. Research on post-event influences has shown that this is not always the case and memory distortions are quite common. However, potential effects of an eyewitness’ attributions regarding a perpetrator’s crime motives have been widely neglected in this domain. In this paper, we present two experiments (N?=?209) in which eyewitnesses were led to conclude that a perpetrator’s motives for a crime were either dispositional or situational. As expected, misinformation consistent with an eyewitness’ attribution of crime motives was typically falsely recognised as true whereas inconsistent misinformation was correctly rejected. Furthermore, a dispositional vs. situational attribution of crime motives resulted in more severe (mock) sentencing supporting previous research. The findings are discussed in the context of schema-consistent biases and the effect of attributions about character in a legal setting.     

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.     

RELIGION,ATTRIBUTION STYLE,AND PUNITIVENESS TOWARD JUVENILE OFFENDERS*

A growing body of research shows that adherents to conservative Christian beliefs are more punitive than others in their response to crime. A frequently offered but still untested explanation is that such beliefs promote a dispositional attribution style—the idea that crime results from the offender's character, not from unfortunate or unjust environmental influences. With punitiveness toward juvenile offenders as the dependent variable, the present study directly tests the hypothesis that a tendency to attribute crime to dispositional factors is the intervening variable linking conservative religious beliefs to punitiveness. The analysis provides strong support for the hypothesis.     

Motivation for offending and personality

Purpose. The main aim of the study was to examine the relationship between motivation for offending and personality. Method. A specially constructed Offending Motivation Questionnaire (OMQ) was developed along the lines of Farrington's (1986, 1993) theoretical framework. The OMQ, the Mak Self‐Reported Delinquency Scale, the Gudjonsson Compliance Scale (GCS), the Gough Socialisation Scale, the Rosenberg Self‐Esteem Scale, and the Gudjonsson Blame Attribution Inventory (BAI‐R) were administered to two groups of students: college students and university students. Results. Factor analysis of the OMQ revealed four motivational factors for offending (Compliance, Provocation, Financial, Excitement) and one further factor associated with the failure to appreciate the consequences of the criminal act. As predicted, the GCS correlated significantly with a compliance motive (i.e. being coerced, manipulated, or tricked into crime by a peer, or eagerness to please a peer), whereas the remaining four factors were associated with a low score on the Gough Socialisation Scale. External and Mental Element attributions were mainly found to be associated with provocation and consequences factors. Conclusions. The findings support the view that there is a relationship between the motivation for offending, failure to appreciate the consequences of one's actions and personality. Further research should focus on studying this relationship among criminal populations.     

智能障碍者凶杀伤害案例的司法鉴定分析

智能障碍的犯罪行为，在司法精神疾病鉴定中占有重要的地位。本文通过对３２例智能障碍者凶杀伤害犯罪鉴定案例的回顾性研究，对其特征性因素进行分析，发现在多个因素中，作案动机、有否预谋、智能障碍程度、社会适应能力以及自我保护能力是法定能力评定的主要参考因素。职业特点、性格特征、既往病史、伴随疾病是次要参考因素。提示其犯罪行为的实施不是单一因素形成的，而是多方面因素作用的结果。     

Mock-juror reactions to multiple interview presentation and rapport-building

ABSTRACT

In the UK and some US states, video-recorded investigative interviews of child victims/witnesses can be presented in court as the child’s evidence-in-chief. However, there is scarce advice or research on the effect that presenting different sections of the interviews may have on juror perceptions of the child’s testimony. Two aspects of testimony presentation are examined here: first, whether to show the rapport-building phase of the interview, and second, the presentation of multiple interviews (i.e. more than one interview with the same child). Participants (n?=?103) informed they were watching two interviews of the same child separated by a week had more positive perceptions of the child’s testimony than those informed they were watching just one extended interview with a ten-minute break. Also, those watching the rapport-building phase had less positive perceptions of the child’s testimony than those who did not watch this phase. Participants’ perceptions of the interviewer and their case progression decisions were mainly not related to the above presentational differences. Thus, (i) mock-jurors were not inherently biased against multiple interviews and (ii) decisions regarding whether or not to show the rapport-building phase in court may have significant effects on jurors’ perceptions of the child and their testimony.     

Educating Jurors about Forensic Evidence: Using an Expert Witness and Judicial Instructions to Mitigate the Impact of Invalid Forensic Science Testimony

Invalid expert witness testimony that overstated the precision and accuracy of forensic science procedures has been highlighted as a common factor in many wrongful conviction cases. This study assessed the ability of an opposing expert witness and judicial instructions to mitigate the impact of invalid forensic science testimony. Participants (N = 155) acted as mock jurors in a sexual assault trial that contained both invalid forensic testimony regarding hair comparison evidence, and countering testimony from either a defense expert witness or judicial instructions. Results showed that the defense expert witness was successful in educating jurors regarding limitations in the initial expert's conclusions, leading to a greater number of not-guilty verdicts. The judicial instructions were shown to have no impact on verdict decisions. These findings suggest that providing opposing expert witnesses may be an effective safeguard against invalid forensic testimony in criminal trials.     

Organizational convenience for white-collar crime: opportunity expansion by offender behavior

The theory of convenience suggests that the extent of white-collar crime is dependent on financial motive, organizational opportunity, and willingness for deviant behavior. Organizational opportunity is at the core of convenience theory, where privileged and powerful offenders have legitimate access to resources in their professions to commit and conceal financial crime. This article introduces a dynamic perspective of organizational opportunity where a white-collar offender can cause opportunity expansion over time. Based on agency theory, social disorganization theory, and blame game theory, a case study is presented. The case study is concerned with a chief financial officer (CFO) who applied several opportunity expansion techniques before he conveniently was able to commit and conceal embezzlement in the business where he was employed.