Mugshot Exposure Effects: Retroactive Interference, Mugshot Commitment, Source Confusion, and Unconscious Transference

More than 25 years of research has accumulated concerning the possible biasing effects of mugshot exposure to eyewitnesses. Two separate metaanalyses were conducted on 32 independent tests of the hypothesis that prior mugshot exposure decreases witness accuracy at a subsequent lineup. Mugshot exposure both significantly decreased proportion correct and increased the false alarm rate, the effect being greater on false alarms. A mugshot commitment effect, arising from the identification of someone in a mugshot, was a substantial moderator of both these effects. Simple retroactive interference, where the target person is not included among mugshots and no one in a mugshot is present in the subsequent lineup, did not significantly impair target identification. A third metaanalysis was conducted on 19 independent tests of the hypothesis that failure of memory for facial source or context results in transference errors. The effect size was more than twice as large for "transference" studies involving mugshot exposure in proximate temporal context with the target than for "bystander" studies with no subsequent mugshot exposure.     

Is there still a hole in this bucket? Confusion and misrepresentation in passing off

Legal context. Passing off is an evolving tort. There may beopportunities to expand the scope of the tort to capture activitiesthat have not previously amounted to passing off. Key points. In Arsenal v Reed, Aldous LJ suggested that thetime has come to abandon the label "passing off" and recognisea tort of "unfair competition". The implication is that certainactivities that would not previously have been censured by thecourts might now constitute passing off. This raises the questionof what circumstances might justify giving claimants greaterrights of action. This article explores the possibility of justifyinga claim in passing off where the misrepresentation does notcause confusion, and dilution of the claimant's trade mark isthe only damage caused. Practical significance. There is no doubt that passing off willevolve still further. The English judiciary is perhaps now moreconscious of the flexibility of passing off than at any timein the recent past. Ambitious – even adventurous –claims may have a chance of success.     

Longitudinal investigation of the relationship among maternal victimization, depressive symptoms, social support, and children's behavior and development

This article is a longitudinal investigation of the relationships between maternal victimization, maternal functioning, and children's behavior and development. Participants include 203 mother-child dyads from a low-income population recruited from pediatric primary care clinics. Data are collected when children are 4 and 8 years of age. Child outcomes are evaluated using maternal, teacher, and child self-report and objective measures of cognitive and academic functioning. Maternal victimization history is associated with maternal depressive symptoms, low levels of maternal social support, child internalizing and externalizing behavior problems, and low levels of child socialization. Child behavior problems identified at age 4 are enduring and persist to age 8. The effects of maternal victimization history on both internalizing behavior problems and socialization are mediated by maternal depressive symptoms. The effects of maternal depressive symptoms on externalizing behavior problems, socialization, and anger are mediated by maternal social support. Clinical implications of findings are discussed.     

A Re-examination of the Effects of Biased Lineup Instructions in Eyewitness Identification

A meta-analytic review of research comparing biased and unbiased instructions in eyewitness identification experiments showed an asymmetry, specifically that biased instructions led to a large and consistent decrease in accuracy in target-absent lineups, but produced inconsistent results for target-present lineups, with an average effect size near zero (N. M. Steblay, 1997). The results for target-present lineups are surprising, and are inconsistent with statistical decision theories (i.e., D. M. Green & J. A. Swets, 1966). A re-examination of the relevant studies and the meta-analysis of those studies shows clear evidence that correct identification rates do increase with biased lineup instructions, and that biased witnesses make correct identifications at a rate considerably above chance. Implications for theory, as well as police procedure and policy, are discussed.     

The Target-to-Foils Shift in Simultaneous and Sequential Lineups

A theoretical cornerstone in eyewitness identification research is the proposition that witnesses, in making decisions from standard simultaneous lineups, make relative judgments. The present research considers two sources of support for this proposal. An experiment by G. L. Wells (1993) showed that if the target is removed from a lineup, witnesses shift their responses to pick foils, rather than rejecting the lineups, a result we will term a target-to-foils shift. Additional empirical support is provided by results from sequential lineups which typically show higher accuracy than simultaneous lineups, presumably because of a decrease in the use of relative judgments in making identification decisions. The combination of these two lines of research suggests that the target-to-foils shift should be reduced in sequential lineups relative to simultaneous lineups. Results of two experiments showed an overall advantage for sequential lineups, but also showed a target-to-foils shift equal in size for simultaneous and sequential lineups. Additional analyses indicated that the target-to-foils shift in sequential lineups was moderated in part by an order effect and was produced with (Experiment 2) or without (Experiment 1) a shift in decision criterion. This complex pattern of results suggests that more work is needed to understand the processes which underlie decisions in simultaneous and sequential lineups.     

National Association of Medical Examiners position paper on the certification of cocaine-related deaths

The National Association of Medical Examiners Committee on Cocaine-related Deaths recommends that the following guidelines be applied in the process of documenting, interpreting, and certifying potential cocaine-related fatalities. The committee cautions that the investigation of any drug-related death requires a complete investigation of the circumstances of death, the death scene, and past medical history. It is also necessary to have the results of the forensic toxicological analysis and those of a complete forensic autopsy examination prior to formulating an opinion as to the cause and manner of death. Cocaine should be considered the underlying cause of the death when 1 or more of the following is true: (1). the circumstances surrounding the death can be associated with an acute cocaine exposure and there are no supervening causes of death; (2). the immediate cause of death is directly due to a readily identifiable mechanism or disease such as a gunshot wound or a stroke, yet the acute use of cocaine was the direct underlying cause of the trauma or the disease process; and (3). chronic cocaine use leads to a disease that results in an ultimately fatal pathologic process leading to organ injury and death. The committee further cautions that reported drug levels may not directly relate to the toxic or lethal effects of the drug upon the patient. These guidelines are intended for use by practicing medical examiners and physicians who certify drug deaths, as well as providing education tools for students.     

A Meta-Analytic Review of the Effects of High Stress on Eyewitness Memory

In the past 30 years researchers have examined the impact of heightened stress on the fidelity of eyewitness memory. Meta-analyses were conducted on 27 independent tests of the effects of heightened stress on eyewitness identification of the perpetrator or target person and separately on 36 tests of eyewitness recall of details associated with the crime. There was considerable support for the hypothesis that high levels of stress negatively impact both types of eyewitness memory. Meta-analytic Z-scores, whether unweighted or weighted by sample size, ranged from –5.40 to –6.44 (high stress condition–low stress condition). The overall effect sizes were –.31 for both proportion of correct identifications and accuracy of eyewitness recall. Effect sizes were notably larger for target-present than for target-absent lineups, for eyewitness identification studies than for face recognition studies and for eyewitness studies employing a staged crime than for eyewitness studies employing other means to induce stress.