The believability of repressed memories

Two experiments investigated how mock jurors react to a case involving a repressed memory of child sexual assault. Subjects read a fictional civil trial (Experiment 1) or criminal trial (Experiment 2) summary involving the sexual assault of a 6-year-old female. The summary was presented in one of three conditions: (a)child condition: the alleged victim reported her memory of the assault in the same year that the assault occurred; (b)repressed condition: the alleged victim reported the assault 20 years later, after remembering it for the first time; or (c)no-repressed condition: the alleged victim reported the assault 20 years later, but the memory of the assault had been present for the 20 years. Although the testimony of the alleged victim was believed to some extent in all conditions, the alleged victim in the child condition was believed at the highest level, and this was associated with more decisions against the defendant. The results are discussed in terms of how delayed reporting of child sexual assault crimes is associated with lower believability of the alleged victim.We would like to thank Christy Kennedy, Paula Brinegar, and Elizabeth Thomas for their assistance in collecting and scoring the data, as well as Michael Nietzel, Monica Kern, Ronald Roesch, and three anonymous reviewers for their comments on earlier drafts of this paper.     

The Believability of Hearsay Testimony in a Child Sexual Assault Trial

Two experiments investigated how mock jurors react to hearsay testimony in a case involving child sexual assault. Participants read a fictional criminal trial summary involving the sexual assault of a 4-(Experiment 2 only), 6-, or 14-year-old female. The summaries were presented in one of four conditions: (a) child condition—the alleged victim testified; (b) hearsay condition—the alleged victim did not testify, but an adult hearsay witness did testify; (c) multiple condition (Experiment 1 only)—both the alleged victim and the adult hearsay witness testified; and (d) no-witness condition—neither the alleged victim nor the hearsay witness testified. The hearsay testimony was believed to a considerable degree, and this testimony led to an increase in the perceived guilt of the defendant. Moreover, these results were comparable to those of conditions in which the alleged victim testified. The results are discussed in terms of the psychosocial factors affecting the perception of hearsay testimony in a child sexual assault trial.     

Brief Research Report: Age Factors Affecting the Believability of Repressed Memories of Child Sexual Assault

Two experiments investigated how mock jurors react to testimony involving claims of a repressed memory in a case involving child sexual assault. Participants read a fictional civil trial summary presented in one of three conditions: (a) immediate condition—the alleged victim testified immediately after the incident; (b) repressed condition—the alleged victim reported the assault 1–39 years later, after remembering it for the first time; or (c) not-repressed condition—the alleged victim reported the assault 1–39 years later, but the memory of the assault had been present for those years. When there was any type of delayed reporting, either the age of the alleged victim at the time of the assault was constant and her age at reporting varied (Experiment 1) or the age of the alleged victim at the time of the assault varied and her age at reporting remained constant (Experiment 2). The results showed that (1) a delay in reporting an incident adversely affected believability of the alleged victim and led to fewer rulings in support of the plaintiff compared to reporting it immediately, (2) longer delays in reporting generally led to lower alleged victim believability and fewer decisions in support of the plaintiff than shorter delays, (3) the age of the alleged victim at the time of the incident was a critical variable in determining belief of the alleged victim, and (4) men generally rated believability of the alleged victim lower and ruled in favor of the plaintiff less often than women. The results are discussed in terms of the psychosocial factors affecting the perception of delayed reporting in a child sexual assault trial.     

Perceptions of repressed memories: A reappraisal

College students read a trial summary of a sexual abuse case. The victim in the case either claimed that (a) her memory for the abuse had been repressed for 20 years and only recently recovered during therapy, or (b) she consciously remembered the abuse for 20 years but never discussed it until recently in therapy. Participants were significantly more likely to convict the defendant when the testimony was described as nonrepressed (67%) versus repressed (58%). This effect was not modified by the age of the victim at the time the alleged abuse occurred (either 3, 8, or 13 years of age), although the younger and older victims were significantly less believable than the 8-year-old victim. Compared to female participants, male participants were significantly less likely to convict the defendant and rated the victim as significantly less believable. These findings are discussed in the context of recent research on juror reactions to repressed memory testimony.     

I Spy with My Little Eye: Jurors’ Detection of Internal Validity Threats in Expert Evidence

This experiment examined whether jury-eligible community members (N = 223) were able to detect internally invalid psychological science presented at trial. Participants read a simulated child sexual abuse case in which the defense expert described a study he had conducted on witness memory and suggestibility. We varied the study’s internal validity (valid, missing control group, confound, and experimenter bias) and publication status (published, unpublished). Expert evidence quality ratings were higher for the valid versus missing control group version only. Publication increased ratings of defendant guilt when the study was missing a control group. Variations in internal validity did not influence perceptions of child victim credibility or police interview quality. Participants’ limited detection of internal validity threats underscores the need to examine the effectiveness of traditional legal safeguards against junk science in court and improve the scientific reasoning ability of lay people and legal professionals.     

Participant gender,stalking myth acceptance,and gender role stereotyping in perceptions of intimate partner stalking: a structural equation modeling approach

The present research used a mock juror experiment (N = 360) to assess two primary goals: (1) to examine the direct and indirect effects of participant gender, stalking myth acceptance, and gender role stereotyping on guilt ratings in a stalking trial; and (2) to examine the role of perceived victim fear and distress, and defendant intended danger on perceptions of a stalking trial. Using structural equation modeling, we found an indirect effect of participant gender, and both direct and indirect effects of stalking myth acceptance and gender role stereotyping on guilt ratings. Men and participants who endorsed more traditional gender role stereotypes were associated with adherence to stalking myth acceptance beliefs. Endorsement of particular stalking myth acceptance beliefs offers a partial explanation for why women and men differed on perceptions of the defendant's intent to cause danger and the victim's perceived fear and distress. Results provide insight into the efficacy of current anti-stalking legislation that relies on a juror's capacity to evaluate an ‘objective’ interpretation (i.e., ‘reasonable person’) standard of fear for intimate partner stalking.     

Jurors' perceptions of child victim-witnesses in a simulated sexual abuse trial

Two studies investigated the effects of a child witness's age (5, 10, or 15 years old), communication style (powerful vs. powerless), and prosecuting attorney questioning methods (leading vs. nonleading) on perceptions of her testimony in a videotaped mock trial. In Experiment 1, as predicted, ratings of a child witness's credibility were most extreme when the child's communication style contrasted with adults' age-related expectations. Results of Experiment 2 showed that the child's communication style strongly affected perceptions of the defendant as well.     

On the Power of Confession Evidence: An Experimental Test of the Fundamental Difference Hypothesis

In Arizona v. Fulminante (1991), a U.S. Supreme Court majority stated that confessions are similar to, not fundamentally different from, other types of evidence. To evaluate this claim, three mock juror studies compared the impact of confessions to other common forms of evidence. In Experiment 1, participants read summaries of four criminal trials (murder, rape, assault, theft), each of which contained a confession, an eyewitness identification, character testimony, or none of the above. Significantly, the confessions produced the highest conviction rates. In Experiments 2 and 3, participants read a murder or assault trial containing all three types of evidence and made a series of midtrial judgments. Results indicated that the confession was seen as the most incriminating, followed by the eyewitness and character testimony. Although the comparisons we made are limited in certain respects, our findings suggest that confessions are uniquely potent.     

Juror reactions to child victim witnesses

Trial variables that might affect juror decisions were examined in two experiments. In Experiment 1, the impact of (1) corroboration, (2) type of case (civil vs. criminal), and (3) victim age (6. 9, or 12 years) was examined. Participants (N=379) read a trial summary describing a wrongful injury or sexual abuse case and were asked to make decisions regarding the case. Results revealed a significant interaction between age and corroboration. Corroboration increased the number of guilty verdicts for the 6- and 12-year-olds, yet had little impact in the case with the 9-year-old. the type of the case did not interact with child age in affecting jurors' decisions. Experiment 2 examined the role of a child's age more systematically. The trial summary described the corroborated sexual abuse case (utilized in Experiment I) and varied the age of the victim from 6 to 14 years. Analyses revealed that number of guilty verdicts and credibility decreased with age, whereas amount of blame attributed to the victim increased with age. Reasons for the negative age bias are discussed.     

The impact of protective shields and videotape testimony on conviction rates in a simulated trial of child sexual abuse

In Experiment 1 mock jurors watched a videotape simulation of a sexual abuse trial that included a 10-year-old child witness testifying in one of three different modalities: (1) The child testified in court while directly confronting the defendant (open court condition). (2) The child testified in court with a protective shield placed between the child and the defendant (shield condition). (3) The child testified outside the courtroom and the child's testimony was presented to the jury and the defendant on a video monitor (video condition). The mock jurors judged the guilt of the defendant after watching the entire trial. The modality of the child's testimony had no impact on conviction rates. In Experiment 2 subjects watched the same trial that was used in Experiment 1. The trial was stopped immediately after the child testified (the child was the first witness to take the stand), and subjects judged the guilt of the defendant. The modality of the child's testimony had a significant impact on conviction rates. Subjects in the open court condition were more likely to convict the defendant than subjects in the shield and videotape conditions. These findings are relevant to Supreme Court decisions regarding the use of protective devices with child witnesses.     

Is Age Irrelevant? Perceptions of Young and Old Adult Eyewitnesses

In Experiment 1, we videotaped elderly and younger adults (n = 69) reporting their memories for a crime video. The seniors were significantly less accurate than the younger adults. In Experiment 2, participants viewed the testimony videotapes and rated the elderly as less credible than the younger adults. In Experiment 3, participant-jurors (n = 302) evaluated transcribed testimonies provided by Experiment 1 participants. The ostensible age of the witnesses was manipulated. Thus, some participants read a senior's testimony believing it was provided by a younger adult and vice versa. Participants were apparently not biased by negative stereotypes of seniors' eyewitness capabilities.     

Psychopathy,expert testimony,and indeterminate sentences: Exploring the relationship between Psychopathy Checklist‐Revised testimony and trial outcome in Canada

Purpose. Psychopathy, as measured by the Hare Psychopathy Checklist‐Revised (PCL‐R), has the potential to inform judges attempting to preventatively detain Canada's highest risk offenders. However, studies examining the stigma of the psychopathy label give reason to exercise caution when expert witnesses introduce PCL‐R scores into their testimony. Methods. Judges' written or oral judgments were gathered from a publically available database in Canada. Dangerous offender hearings (N = 136) were examined to determine how factors within expert witness testimony were related to sentences of indeterminate or determinate length. Results. Results show a trend for PCL‐R scores to be related to trial outcome. Specifically, psychopathy diagnoses were correlated to experts' ratings of treatment amenability which were in turn related to trial outcome. In addition, experts tended to show partisan allegiance in the way they scored offenders on the PCL‐R. Conclusion. Discussion advocates a measure of caution when using PCL‐R testimony in an adversarial court context. Further research clarifying the role psychopathy plays in court decisions is also encouraged.     

Does Post-identification Feedback Affect Evaluations of Eyewitness Testimony and Identification Procedures?

Two experiments were conducted to test whether post-identification feedback affects evaluations of eyewitnesses. In Experiment 1 (N = 156), evaluators viewed eyewitness testimony. They evaluated witnesses who received confirming post-identification feedback as more accurate and more confident, among other judgments, compared with witnesses who received disconfirming post-identification feedback or no feedback. This pattern persisted regardless of whether the witness’s confidence statement was included in the testimony. In Experiment 2 (N = 161), witness evaluators viewed the actual identification procedure in which feedback was delivered. Instructions to disregard the feedback were manipulated. Again, witnesses who received confirming feedback were assessed more positively. This pattern occurred even when witness evaluators received instructions to disregard the feedback. These experiments are the first to confirm researchers’ assumptions that feedback effects on witnesses translate to changes in judgments of those witnesses.     

被害人陈述与证人证言区别论

被害人陈述与证人证言都属于人证,二者之间的关系极为密切,在我国刑事诉讼法中也有着诸多的共同制度安排,也存在着明显的制度差异.被害人具有当事人与实质证人的双重诉讼角色,虽然没有必须出庭的义务,但却有权全程参与刑事审判,而证人必须是当事人以外的人,在立法上被赋予应当出庭作证的义务,但无权全程参与刑事审判.在证明方向上,被害人陈述具有单向性、控诉性的特征,从而显著区别于证人证言.在主体适格性、庭审质证及作证保障等方面,较之证人证言的相对严密、规范的制度安排,被害人陈述的制度设计有进一步改良的需要.