What judges know about eyewitness testimony: A comparison of Norwegian and US judges

Abstract

We surveyed 157 Norwegian judges about their knowledge and beliefs about eyewitness testimony, and compared their answers to a prior survey of 160 US judges. Although the Norwegian judges were somewhat more knowledgeable than the US judges, both groups had limited knowledge of eyewitness testimony. The Norwegian judges, like the US judges, frequently differed from eyewitness experts in their responses to such important issues as whether eyewitness confidence is related to identification accuracy at trial and what is the best method for conducting identification procedures. As was true for the US judges, more knowledgeable Norwegian judges had many of the beliefs that may be necessary for reducing and mitigating the effects of eyewitness error. The results suggest that increasing judges’ knowledge of eyewitness testimony may be an important component of the solution to eyewitness error.     

Children's identification of unfamiliar voices on both target-present and target-absent lineups

ABSTRACT

A robust finding from the eyewitness literature is that children are as accurate as adults on target-present lineups from the age of five years, whereas they continue to make an erroneous false positive identification from a target-absent lineup up until around fourteen years of age (Pozzulo, J. D., & Lindsay, R. C. L. (1998). Identification accuracy of children versus adults: a meta-analysis. Law and Human Behavior, 22(5), 549–570). The current study explores whether the same pattern occurs when voices are used instead of faces. A total of 334 participants from six age groups (6–7-year-olds, 8–9-year-olds, 10–11-year-olds, 12–13-year-olds, 14–15-year-olds and adults) listened to a 30 second audio clip of an unfamiliar voice and were then presented with either a six person target-present or target-absent voice lineup. Overall, participants were more accurate with target-present than target-absent lineups. Moreover, performance on target-present lineups showed adult-like levels of attainment by 8–9 years of age. In contrast, performance on target-absent lineups was extremely poor, with all age groups tending to make a false identification. Confidence was higher when participants made correct rather than incorrect decisions for both types of lineup and this did not change with increasing age. Given these results, both child and adult earwitness evidence needs to be treated with considerable caution.     

Voice identification by human listeners: On earwitness reliability

This paper reviews what is currently known about voice identification by human listeners. Our own experimental data from a four-year research program into this topic is used to elucidate, support, and in some cases to contradict published work into the effects on voice identification of such factors as speech sample size and quality, voice disguise, delay in holding voice identification sessions, incidental as opposed to intentional memory for voices, the effects of the age of the witness, training in specific modes of encoding voices, and the relationship between objective accuracy and subjective feelings of certainty of correctness. It is concluded that the caution and suspicion currently accorded to visual identification must be extended also, and perhaps more so, to voice identification.Part of the research discussed in this paper was conducted under the auspices of a grant from the British Home Office to the author and Ray Bull. The author would like to thank the issue editor for his very useful comments on an earlier draft of this paper, and Harriet Rathborn for running many of the experiments.     

Examination of systematic variations in burglars' domain-specific perceptual and procedural skills

Abstract

This research examines systematic variations in residential burglars' domain-specific perceptual and procedural skills. Utilising a formula incorporating frequency of offending, generation of offending-related income, burglary charges, and estimated duration of burglary career, 53 experts and 53 novices were objectively identified from a sample of 209 interviews conducted with incarcerated burglars. The perceptual and procedural burglary skills of these two groups were compared and the results demonstrated important differences indicative of superior domain-specific performance for objectively classified experts. The theoretical implications of these findings are discussed, along with suggestions for application of this knowledge to crime prevention initiatives.     

Effects of Mug Book Size and Computerized Pruning on the Usefulness of Dynamic Mug Book Procedures

Abstract

A recurrent problem for the legal system is persons claiming memory loss in relation to crime events of which they are suspected. In the present study, individuals were tested as perpetrators having first read a story about “themselves” stabbing another man to death. Participants' memory of the story was tested at three sessions (30 minutes, one week and three weeks later). The genuine memory of one group was tested at all three sessions, whilst a second group simulated memory impairments at the first session and a third group simulated memory impairments at the first two sessions. At the third test session, all three groups were tested on what they actually remembered. Results showed a decrease in memory after simulation of impaired memory, as compared with the controls, but repeated simulation did not seem to be of importance for free recall and recognition. It is suggested that people have specific ideas and conceptions about how memory and forgetting work, ideas that might be used when simulating memory impairments in order to deny guilt. Although one should be cautious when generalizing the findings to real life events, the results are considered to be of relevance within both the legal- and the memory theoretical frameworks.     

Other people's memory

Abstract

How optimistic are people's evaluations of their own memory as compared to that of most others? To find out, we asked 563 Sa. to compere their own memory for events, faces and names to that of others. The results show that many, and especially young respondents, tend to be illusory optimistic about the power of their memory for events and faces, but not for names. The implications of this result for evaluating eyewitness reports by tries of fact in legal cases are discussed.     

The prevalence of co-witnesses and co-witness discussions in real eyewitnesses

Abstract

Several laboratory studies have shown that eyewitness discussions can negatively affect memory recall. The current study looked at the prevalence of multiple witnesses using real witnesses at a UK identification suite. We investigated the frequency of co-witness discussion, what the co-witnesses tended to discuss and whether there was an association between this information, and the outcome of the identification. Sixty witnesses at the Force Identification Unit in Brighton (UK) filled out a questionnaire following the identification procedure. Co-witnesses were reported by 88% of the sample, with the average number of co-witnesses being 4.02 (SD=6.52). In addition, 58% of the multiple witnesses had discussed the criminal event with at least one co-witness. The most common areas of discussion were ‘general crime details’ (52%) and ‘suspect details’ (39%). The implications of these findings are discussed.     

The relationship between intelligence,memory and interrogative suggestibility in young offenders

Abstract

The study investigated the relationship between interrogative suggestibility and relevant cognitive factors as proposed by Gudjonsson and Clark (1986). The subjects were fifty-eight adolescent young offenders resident in a national children's centre with secure facilities. All were administered the Gudjonsson Suggestibility Scale and the Wechsler Intelligence Scale for Children. Interrogative suggestibility correlated negatively with intelligence and recall memory. Limited evidence of range effects was found for the relationship between intelligence and suggestibility, but not for the relationship between recall memory and suggestibility.     

Follow-up of a social skills training (SST) for juvenile delinquents: effects on reoffending

Objectives

To examine (1) the long-term effects on reoffending of an individual SST for juvenile delinquents in The Netherlands and (2) whether effects differ by demographic and offense history characteristics.

Methods

The present study is a follow-up of a matched control study comparing post-treatment effects of N?=?115 juveniles receiving Tools4U, an SST with a parental component, to N?=?108 control group juveniles receiving treatment as usual (TAU). Analyses were conducted separately for delinquents and truants. Effects in terms of recidivism were assessed using official delinquency data after 6 and 12 months and 1.46 years after SST termination. Percentage of recidivists, number of re-arrests, and violent recidivism were outcome variables.

Results

Overall, 39% of the juveniles reoffended, and there were no differences between Tools4U and TAU on any of the selected recidivism outcomes. Additionally, demographic and delinquency characteristics and post-treatment effects did not moderate effectiveness.

Conclusions

Tools4U was not more effective than TAU in preventing recidivism, which may be explained by a generally low percentage of recidivists. With established treatment integrity, and a lack of well-researched effective treatment alternatives, Tools4U could still be a reasonable treatment option for adolescent onset juvenile offenders, although more research is needed to confirm this.

     

In defence of multidimensional scaling for the analysis of sexual offence behaviour: cautionary notes regarding analysis and interpretation

Abstract

Multidimensional scaling (MDS) has become a popular form of statistical analysis in the field of psychology and law. A recent paper in this journal by Sturidsson and colleagues (12, 221–230, 2006) used MDS to replicate an earlier study of sexual offence behaviour by Canter and Heritage (Journal of Forensic Psychiatry, 1, 185–212, 1990). They concluded that the model was not replicable and cast grave doubts on the applicability of MDS for the analysis of sexual offences. In this paper I argue that neither conclusion is correct. Initial difficulties in interpretation of the MDS results were clearly due to errors in calculation that should have been recognised. Indeed, a frequency analysis of Sturidsson and colleagues’ variables indicated that their results were in fact remarkably congruent with those of Canter and Heritage. It is concluded that statistical software should not obviate the need for a working knowledge of the statistics being computed.     

The utility of the Strengths and Difficulties Questionnaire as a screening measure among children and adolescents who light fires

Background: This pilot study examined the utility of the Strengths and Difficulties Questionnaire (SDQ) as a standardised screening tool for behavioural and psychosocial problems by fire service-based programmes to identify at-risk young firesetters who are in need of further comprehensive multiagency intervention. Method: SDQ scores were obtained from 57 children and adolescents, aged 6–17 years, who were referred to the Fire Awareness and Intervention Programme in New Zealand for firesetting behaviour. Scores from firesetters aged 13–17 years were compared to those of typically developing New Zealand secondary school students. Results: Overall, young firesetters were at a high risk of clinically significant conduct and hyperactivity/inattention difficulties, and at low risk of clinically significant emotional problems. Cronbach’s alphas for most SDQ subscales were acceptable. Conclusions: We recommend that the SDQ be considered by fire service-operated interventions for use as an additional assessment tool for the young firesetting population.

Key Practitioner Messages ? Due to its financial and emotional cost, deliberate firesetting by children and adolescents is a significant concern for communities.

? There appears to be significant comorbidity between firesetting and serious antisocial behaviour, and many young firesetters engage in ongoing general offending behaviour.

? Intervention for child and adolescent firesetters is predominantly provided by fire services and typically involves fire safety education.

? Given the co-morbid behavioural and psychosocial problems present among young firesetters, there is a need for fire service education programmes to use a standardised assessment tool that screens for wider behavioural and psychosocial difficulties to assist in the identification and referral of high-risk young people to appropriate services for further intervention.

? The SDQ, a free, short and well-validated measure, could be adopted by fire service-operated education programmes to help detect and inform the referral of young firesetters who need more comprehensive multiagency intervention.

     

Officers’ memory and stress in virtual lethal force scenarios: Implications for policy and training

ABSTRACT

Sworn law enforcement officers (N?=?151) were exposed to two different simulated lethal force encounters, a motorcycle-traffic-stop (MTS) and a workplace violence incident. Workplace violence incidents (WPV) consisted of two versions: an original version (WVO) and an enhanced version (WVE) with additional tactile and auditory stimuli within the simulation environment. Officers’ recognition memory (immediate and 48?h later), perceived stress, and physiological stress responses were examined. Delayed reporting led to impaired memory for event information in the MTS and perpetrator information in the WVE simulation. Moreover, perpetrator information was remembered more accurately than event information. Two physiological stress markers – alpha amylase and immunoglobulin-a – were correlated with memory for the simulated experiences; however, cortisol and interleukin-6 were not. These findings support current theory related to arousal and memory suggesting that officers should be interviewed as soon as reasonably possible after a lethal force incident. Implications for legal parameters in defining a ‘reasonable officer’ exerting lethal force are considered.     

Can a witness report hearsay evidence unintentionally? The effects of discussion on eyewitness memory

Abstract

When eyewitnesses are exposed to misinformation about an event from a co-witness, they often incorporate this misinformation in their recall of the event. The current research aimed to investigate whether this memory conformity phenomenon is due to change in the witness's memory for the event, or to social pressures to conform to the co-witness's account. Participants were shown a crime video and then asked to discuss the video in groups, with some receiving misinformation about the event from their discussion partners. After a one-week delay some participants were warned about possible misinformation before all participants provided their own account of the event. In Study 1, participants made remember/know judgments about the items recalled, and in Study 2 they indicated the source of their memories. Co-witness information was incorporated into participants’ testimonies, and this effect was not reduced by warnings or source monitoring instructions, suggesting memory change may have occurred. However, there was some indication that remember/know judgments may help distinguish between ‘real’ memories and co-witness information.     

Post-decision confidence,decision time,and self-reported decision processes as postdictors of identification accuracy

Abstract

Post-decision confidence, decision time, and decision processes were evaluated concerning their usefulness for postdicting identification accuracy. One hundred and ninety-two participants witnessed a filmed theft and were tested with target-absent or target-present simultaneous lineups 1 week later. Post-decision confidence was positively associated with, and decision time negatively associated with choosers’ identification accuracy. For several measures of self-reported decision processes, the expected associations were non-significant. Using a decision rule including highly confident and fast participants led to more correct classifications than either variable alone. Significant associations between postdictors highlight the need to consider the different processes jointly as, in combination, they may be more useful in assessing identification decisions.     

The effect of participation in a conversation on recognition and identification of the speakers' voices

Subjects' recognition of their own voice, the voice of a person they had a conversation with, and the voices of two people they heard converse, were compared. They listened to or conversed with each voice for five minutes and then attempted to recognize each voice from among 26 voices saying the same test phrase. In general, subjects recognized the voice of their conversational partner better than the voices of people they had listened to passively. They did not recognize their own voice better than that of their partner. Subjects who recognized their own voice always identified it without error. Although subjects correctly identified other voices they correctly recognized, they also falsely identified voices they falsely recognized. These results are discussed with respect to their practical implications for voice identification by witnesses in legal proceedings and with respect to current theories of memory.     

The big 5 dimensional personality approach to understanding sex offenders

Abstract

Although previous research has reported that the incarceration of sex offenders does not significantly reduce re-offending, there is no adequate theory guiding remedial programs for this population. The aim of the present study was to examine whether normal personality variation provides useful theoretical insight into the nature of sex offences against children. The Revised NEO Personality Inventory (NEO PI-R), a measure of the five-factor model (FFM) of personality, was administered to 64 males incarcerated for child sex offences. Sex offenders were categorised into different offender groups comprising incest within the immediate family, incest within step-family and extra familial offence. A comparison group of 33 non-offender males also completed the NEO PI-R. Results indicated that the sex offender groups were significantly higher in Neuroticism and significantly lower in Extraversion and Conscientiousness compared to the non-offender group. Significant differences between the sex offender groups and comparison groups for NEO PI-R facets were also found. The implications of these findings in terms of early identification and treatment are discussed.     

Surveying the terrain: Current issues in the prevention and management of sexually abusive behaviour by males

Abstract

This paper focuses on critical issues and challenges concerning five areas: the prevention of sexually aggressive behaviour; inter-agency collaboration; groupwork programmes for adult offenders; eligibility levels regarding services for adolescent offenders; and professional issues.

Key messages which emerge are: the need to prevent punitive parenting in early childhood; the importance of healthy intra-agency processes as a foundation for effective inter-agency working; ensuring careful selection of clients for groupwork programmes; developing a tiered set of service thresholds for adolescent offenders; and the need to sustain the emotional responsiveness of staff.     

Symptom validity testing of feigned dissociative amnesia: A simulation study

Abstract

It has been argued that Symptom Validity Testing (SVT) has limited sensitivity in correctly identifying feigned autobiographical memory loss (e.g., dissociative amnesia) because malingerers would easily understand that below change performance on the SVT implies feigned memory loss. The current study tested this assumption in a sample of undergraduate students (N = 20) who committed a mock crime and then were instructed to feign complete amnesia for this event. Next, they had to answer 15 forced-choice questions that always contained the correct answer and an equally plausible alternative. Results show that a nontrivial minority of participants (40%) performed below chance. As well, understanding the SVT rationale appeared not to be related to random behaviour. Taken together, the results indicate that SVT procedures might be helpful in identifying feigned dissociative amnesia.