Predictors of eyewitness identification decisions from video lineups in England: A field study

Eyewitness identification decisions from 1,039 real lineups in England were analysed. Identification procedures have undergone dramatic change in the United Kingdom over recent years. Video lineups are now standard procedure, in which each lineup member is seen sequentially. The whole lineup is seen twice before the witness can make a decision, and the witness can request additional viewings of the lineup. A key aim of this paper was to investigate the association between repeated viewing and eyewitness decisions. Repeated viewing was strongly associated with increased filler identification rates, suggesting that witnesses who requested additional viewings were more willing to guess. In addition, several other factors were associated with lineup outcomes, including the age difference between the suspect and the witness, the type of crime committed, and delay. Overall, the suspect identification rate was 39%, the filler identification rate was 26% and the lineup rejection rate was 35%. (PsycINFO Database Record (c) 2012 APA, all rights reserved).     

The effects of judicial admonitions on hearsay evidence

Using a simulated civil case, this experiment investigated whether mock jurors: (a) are able to disregard hearsay evidence when admonished to do so, (b) experience psychological reactance and "backfire effects" in proportion to the strength of judicial admonition instructing them to disregard hearsay evidence, and (c) are able to recognize and disregard hearsay evidence without judicial instructions. Results indicate that jurors were unable to disregard inadmissible hearsay testimony in some legal decisions regardless of whether there were judicial instructions to do so. Jurors exhibited backfire effects paying more attention to inadmissible hearsay evidence when they were strongly instructed to disregard it. More specifically, juror backfire effects were evident in both their confidence in their liability verdicts and in their punitive damage awards. The legal and policy implications of these findings are discussed.     

Scent identification evidence in jurisdiction (drawing on the example of judicial practice in Poland)

One of the most significant challenges for contemporary forensic science seems to be research of new sources of physical evidence. Particularly after successful implementation of revolutionary DNA identification law enforcement agencies look for other new and perhaps more efficient techniques.     

The CSI Effect and the impact of DNA evidence on mock jurors and jury deliberations

ABSTRACT

The present research examined the CSI Effect and the impact of DNA evidence on mock jurors and jury deliberations using a 3 (Crime Drama Viewing: low, moderate, high)?×?3 (Evidence: DNA innocent, DNA guilty, no DNA control) design. A sample of 178 jury-eligible college students read a case of breaking and entering. Pre-deliberation, some support for a CSI Effect was found with high viewers’ extent of guilt ratings significantly lower than moderate and low viewers’ in the no DNA control and the DNA innocent conditions. This effect was not present for verdicts. Contrary to a CSI Effect, crime drama viewing was not related to guilt judgments with incriminating DNA evidence. A content analysis of comments made during deliberations found little support for the CSI Effect entering the jury room. Specifically, CSI Effect predictions were not supported when examining the discussion of DNA evidence, expressing DNA opinions, or mentioning missing evidence. Overall, the limited CSI Effect found for individuals was attenuated during deliberation. The alarm raised over a possible CSI Effect influencing jury decision making may be unwarranted.     

民事诉讼证据中有关鉴定的诠释与规则适用探讨

新《民事证据规定》涉及鉴定条款占所有条款数量的四分之一,其中,新增条款又约占整个鉴定条款的60%。这种大幅度对鉴定问题的修订,彰显出鉴定在民事证据中的重要地位与实践中的突出作用。这些有关鉴定条款的修改、新增和删除,除理顺民事证据规定与民事诉讼法及其相关解释的关系和回应民众对鉴定的需求外,侧重于人民法院对鉴定委托的管理和对鉴定人活动的规范。具体体现为加强鉴定委托管理、强化鉴定人出庭作证、限制鉴定人撤销鉴定意见、严格鉴定人承诺和作虚假鉴定等方面的责任,尤其是鉴定费用退回的制裁方式。但也存在规范鉴定人和法官行为的失衡,以及条款间及其与相关司法解释的不协调问题等。对此需要在尊重诉讼规律、科学规律和证据规则本质的基础上,以司法改革、司法鉴定制度改革以及与相关法律、司法解释衔接和协调的综合视角对有关鉴定的规定作出理论诠释与适用说明,不宜孤立地解释条款的字面含义,以免导致实践适用上的失控。     

The effect of line‐up administrator blindness on the recording of eyewitness identification decisions

Purpose. Line‐up administrators’ expectations have been shown to influence eyewitnesses’ identification decisions. Expectations may also influence administrators’ willingness to record witnesses’ decisions as positive identifications. Methods. Single‐ and double‐blind participant administrators presented a line‐up to a confederate witness, who identified either the suspect or a filler. Results. A hierarchical log‐linear analysis revealed an interaction effect of blindness and witness choice on participants’ recording of the identification: Single‐blind administrators were more likely to record the confederate's choice as a positive identification when the witness chose the suspect (vs. a filler), whereas double‐blind administrators’ records were not influenced by the witness's choice. An interaction between blindness and witness choice also emerged for participant administrators’ witness evaluations. Single‐blind administrators rated confederates who chose a filler as significantly less credible than those who chose a suspect; double‐blind administrators’ ratings were consistent across photo selection. Conclusions. Blindness influenced line‐up administrators’ record of line‐up outcomes. These results add to the growing body of research supporting the use of double‐blind line‐up administration.     

The effects of impeachment evidence and limiting instructions on individual and group decision making

Two studies were conducted to investigate the effects of impeachment evidence in civil cases. According to the Federal Rules of Evidence, impeachment evidence can be used to judge defendant credibility, but not to infer bad character or harmful propensity. Jury-eligible subjects watched a realistic videotaped trial in which prior convictions for perjury and character evidence of honesty or dishonesty were manipulated. In Study 1, subjects provided individual judgments, and in Study 2, subjects engaged in group deliberations. Impeachment evidence did not strongly affect verdicts, and character evidence of honesty decreased liability only when limiting instructions were given. In both studies, however, the evidence produced legally permissible and impermissible inferences. Prior convictions reduced perceived credibility and increased inferences of negligent propensity. Evidence of dishonesty produced lower credibility ratings and negative character impressions. Credibility, character, and propensity assessments were all important in the verdict-reaching process, suggesting that juror's decisions do not conform to the requirements of the Rules of Evidence.This research was supported by National Science Foundation under grant no. SES-8411599 awarded to the first author. We would like to thank Richard Lempert for his helpful comments on an earlier draft, and Jerry Busmeyer, Maureen Crowley, Myrna Gaidos, David Hullinger, Randy Larsen, Bill Little, Charles Nelson, Richard Schweickert, Harold Seymour, and Al Solomon for serving as witnesses in the trial videotapes.     

英国法中司法认定作为证据的可采性分析-兼与美国证据法作比较

司法认定所依据的事实在随后发生的诉讼中有时会成为案件的争点问题,而将司法认定作为证据来证明争议的事实是否具有可采性是一个复杂的问题：要对这一问题作出规定,不仅需要考虑不同类型诉讼的审判方式、证明标准,还要考虑公正、程序滥用等公共政策。英国普通法实践最先通过Hollington案在这一问题上表明了立场,然而随着质疑的产生以及英国法对公正性日益重视,法律改革委员会和刑事法律修订委员会渐渐抛弃了普通法所确立的Hollington规则,对包括先前定罪在内的司法认定作为证明其所依据的事实之证据是否可采作出了具体细致的规定。在同为英美法系的美国,因普通法实践及政策考量等方面的差异,在这一问题上,《美国联邦证据规则》的规定与英国证据法有所不同。     

The effects of immediate recall on eyewitness accuracy and susceptibility to misinformation

Eyewitnesses can be influenced by misinformation that they encounter when discussing the event with a co-witness. Some studies have found that an immediate recall of the event can inoculate eyewitnesses against such misinformation; others have found that it increases susceptibility to misinformation. These different findings may be due to methodological factors, so the aim of this study was to investigate the effects of three different recall conditions. An immediate cued recall, free recall or no recall was given to 88 participants after they watched a crime video. They then discussed the video with a confederate who introduced correct and incorrect information about the video. Accuracy and amount of recall was tested one week later. It was found that the immediate-recall questionnaire did not make participants more susceptible to misinformation in comparison to no-recall participants, indeed the data trended the other way, suggesting that immediate-recall inoculated participants against misinformation. Furthermore, the provision of correct post-event information increased memory accuracy, especially after immediate recall.     

Influence of confidence inflation and explanations for changes in confidence on evaluations of eyewitness identification accuracy

Guidelines for conducting police line‐ups typically recommend immediate assessment of eyewitness confidence following identification. This confidence level can presumably be used to estimate accuracy even in the presence of subsequently inflated confidence. In this experiment, we examined students' perceptions of immediate and inflated confidence and whether their reliance on confidence varies as a function of the explanations given by the eyewitness for her inflated confidence. Each of 126 university students viewed one of five versions of a videotaped officer–eyewitness interaction depicting an eyewitness identification and follow‐up interview in which the eyewitness gave a (1) high or (2) moderate level of confidence or inflated her confidence and gave a (3) confidence epiphany, (4) memory contamination, or (5) no explanation for the inflation. The memory contamination and confidence epiphany explanations led to lower ratings of identification accuracy as compared to the high‐confidence control condition, supporting the immediate confidence recommendation but in some ways contradicting previous research on this issue. The results suggest the need for further research to understand the conditions under which confidence inflation influences juror evaluations of eyewitness identification.     

拉曼光谱技术在物证鉴定中的应用

拉曼光谱技术具有不接触样品、不破坏样品、无需样品制备等优点,适用于法庭科学领域不同种类物证的分析.本文综述了拉曼光谱技术在物证鉴定中的应用,并对该技术的发展趋势进行了展望.     

Forensic identification science evidence since Daubert: Part II--judicial reasoning in decisions to exclude forensic identification evidence on grounds of reliability

Many studies regarding the legal status of forensic science have relied on the U.S. Supreme Court's mandate in Daubert v. Merrell Dow Pharmaceuticals Inc., and its progeny in order to make subsequent recommendations or rebuttals. This paper focuses on a more pragmatic approach to analyzing forensic science's immediate deficiencies by considering a qualitative analysis of actual judicial reasoning where forensic identification evidence has been excluded on reliability grounds since the Daubert precedent. Reliance on general acceptance is becoming insufficient as proof of the admissibility of forensic evidence. The citation of unfounded statistics, error rates and certainties, a failure to document the analytical process or follow standardized procedures, and the existence of observe bias represent some of the concerns that have lead to the exclusion or limitation of forensic identification evidence. Analysis of these reasons may serve to refocus forensic practitioners' testimony, resources, and research toward rectifying shortfalls in these areas.     

Value of skull identification as evidence using a superimposed video image technic with reference to individual craniometric differences in the human skull

The possibility of using the video superimposition technique for the identification of a skull by comparing it with photographs of missing persons is based on the fact that the human skull, unlike any other part of the human skeleton, shows unmistakable individual characteristics. In order to obtain a quantification, the individuality of human skulls is defined in terms of craniometric data and their probability distribution. First calculations based on the coordinates of some important encephalometric points of 52 European skulls suggest that there are individual aspects comparable to those of fingerprints. Under certain conditions, the video superimposition technique can establish very strong evidence for the identity of an unknown skull, provided that it is applied correctly and carefully.     

串联质谱技术在物证鉴定中的应用

串联质谱是近年来发展迅速且能提供丰富信息的质谱新技术。本文综述了串联质谱的基本原理、操作模式、仪器类型以及该技术在物证鉴定中的应用。     

The effectiveness of forensic evidence in the investigation of volume crime scenes

This study investigates the effectiveness of forensic evidence in UK volume crime investigations. The main aim was to identify characteristics of forensic evidence that influence its effectiveness in converting detections into criminal charges, as well as to critically consider the effectiveness of a recent service level agreement (SLA) implemented by Wiltshire Police, which aimed at reducing CSI attendance. The sample consisted of 445 police recorded cases received from Wiltshire Police. Presence or absence and location-related characteristics of fingerprint, DNA, and footwear evidence were evaluated on the effectiveness of forensic evidence and examined within the contexts of different volume crimes. Results showed a high level of correlation in converting detections into criminal charges where the presence of DNA, footwear, and multiple evidence types was recorded; and a positive correlation between forensic evidence ineffectiveness and presence of fingerprints, particularly in residential burglaries. Differences between individual offence types were expressed. The most prominent feature influencing the effectiveness of forensic evidence was found to be related to the movability of the exhibit associated with the recovered evidence, with DNA recovered from non-movable items presenting the strongest effectiveness. Cases processed after the implementation of the SLA did not show significant differences in forensic evidence effectiveness as compared to cases processed prior to the SLA, however, they demonstrated a lack in effectiveness of DNA evidence. The findings of the current research provide a better understanding of the contextual influences on the potential of forensic evidence and can support improvement of crime scene screening and CSI resource deployment.