Post-conviction DNA exonerations

The role of DNA profiling is constantly increasing in various fields and criminal justice is not an exception. Several individuals, who are wrongfully convicted, have been exonerated based on DNA evidence. Research in the U.S. has consistently found the major factors contributing to wrongful convictions to be： （1） eyewitness errors; （2） mishandling of evidence by police and prosecutors; （3） false or coerced confessions; （4） improper interrogations and line-ups; （5）jailhouse informants or ＂snitches＂; （6） ineffective assistance of counsel; （7） forensic errors; and （8） the adversarial system. This paper examines the data made available by the Innocent Project for 233 post-conviction DNA exonerations in the U.S. since 1989.     

A Contemporary Snapshot of Policewomen Attitudes

Historically, women have been unwelcome in male-dominated police cultures; despite the gains acquired over many tumultuous years, policewomen continue to face significant obstacles. Men officers often promote the subordination of policewomen, and, because of this, some degree of emotional deterioration among women officers would be understandable. This study aims to evaluate the efficacy of such a hypothesis. Questionnaires were mailed to all municipal police departments in one southern state with 50 or more sworn personnel (n = 21) and produced 1,114 responses from 16 departments. Analysis revealed that women officers' (n = 89) professionalism, job satisfaction, stress, and confidence levels demonstrate a condition of psychological health and do not differ significantly from those of men officers. Essentially, the findings suggest that policewomen are mentally tough and resilient, and hence quite capable of modulating the demands of police careers.     

Are children less reliable at making visual identifications than adults? A review

The current paper reviews research that has investigated developmental differences in lineup identification. A wealth of studies have shown that children can be as accurate as adults when making a correct identification from a target present lineup (TP), however children are more inclined to choose and thereby make a false identification from a target absent (TA) lineup, as compared to adults. The literature reviewed, suggests that the disparity between children's and adult's performances on TA lineups is due to children being unable to resist the social demands to choose someone from a lineup and/or the need to give a positive response. Employing a silhouette within a lineup, that can be chosen if the target is not recognised, appears to be the most successful technique for reducing false identifications made by child witnesses. Including a silhouette as a part of a lineup, along with the lineup administrator being attired in casual clothing, rather than a uniform, are two simple measures that could make child witness identification evidence more reliable.     

Producing facial composite sketches in remote Cognitive Interviews: a preliminary investigation

Justice systems around the world are increasingly turning to videoconferencing as a means to reduce delays and reduce costs in legal processes. This preliminary research examined whether interviewing a witness remotely – without physical co-presence of the witness and interviewer – could facilitate the production of quality facial composite sketches of suspects. In Study 1, 42 adults briefly viewed a photograph of a face. The next day they participated in Cognitive Interviews with a forensic artist, conducted either face-to-face or remotely via videoconference. In Study 2, 20 adults participated in videoconferenced interviews, and we manipulated the method by which they viewed the developing sketch. In both studies, independent groups of volunteers rated the likeness of the composites to the original photographs. The data suggest that remote interviews elicited effective composites; however, in Study 1 these composites were considered poorer matches to the photographs than were those produced in face-to-face interviews. The differences were small, but significant. Participants perceived several disadvantages to remote interviewing, but also several advantages including less pressure and better concentration. The results of Study 2 suggested that different sketch presentation methods offered different benefits. We propose that remote interviewing could be a useful tool for investigators in certain circumstances.     

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.     

The cognitive interview: Much more than simply “try again”

Abstract

In the legal context, the elicitation of complete and accurate statements from witnesses and victims is essential. The Cognitive Interview (CI) was devised to improve eyewitnesses' memory by using mnemonic strategies which ask witnesses to think about what happened and encourage them to make as many retrieval attempts as possible. However, no known study has experimentally examined whether (or not) the CI superiority effect is something more than merely asking a witness to retrieve information four times. The aim of this study was to compare the recall obtained by means of the CI - in which mnemonics are used - to that obtained as a result of asking subjects to make a multiple free recall task - without using mnemonics - in a single interview session. It was expected that significant differences would still exist. Results confirmed this hypothesis.     

Children's and adults’ realism in their event-recall confidence in responses to free recall and focused questions

Abstract

Two experiments examined the realism in the confidence of 8–9-year-olds, 12–13-year-olds and adults in their free recall and answers to focused questions after viewing a short video clip. A different video clip was shown in each experiment and the focused questions differed in difficulty. In both experiments the youngest age group, in contrast to the two other age groups, showed no overconfidence in their confidence judgements for the free recall. The free recall results also showed that the youngest group had lower completeness but similar correctness as the adults. There was a tendency, over both experiments, for the participants to show poorer realism for the focused questions than for the free recall, especially when questions with content already mentioned in the free recall were excluded from the analyses of the focused questions in Experiment 1. The study shows the importance of question format when evaluating the credibility of the confidence shown by 8–9-year-old children in their own testimony.     

Modifying the cognitive interview: countenancing forensic application by enhancing practicability

The UK investigative interview model advocates police officers use the cognitive interview (CI). However, research has indicated that many officers perceive the CI as too cumbersome, complex, and time consuming for some types of crime. With this in mind we investigate the efficacy of two CI procedures, which have been substantially modified to enhance forensic practicability and retain the empirically demonstrated CI superiority effect. Employing the mock witness paradigm, both are compared to the procedure currently taught to UK police officers. Participant's memorial performance revealed no differences across interview conditions for the amount of correct and incorrect recall. However, those interviewed using the modified procedures confabulated less and were more accurate. Considering type of information recalled (person, action, object, and surrounding), no differences were found across conditions for correct or confabulated type recall. However, the two modified CIs elicited fewer incorrect person and object information items. Further, they were shorter in duration than the current procedure. Hence, for frontline less serious crime, or in time critical situations, the modified procedures may be viable alternatives. These findings and their implications are discussed.     

Distinguishing accurate from inaccurate eyewitness identifications with an optional deadline procedure

Abstract

Two experiments examined the efficacy of an optional deadline lineup procedure for distinguishing correct from incorrect eyewitness identification decisions. The procedure involved briefly presenting the lineup, removing the lineup from view, then giving participants the option of either making an identification decision or viewing the lineup again. When compared with participants operating under a forced deadline (i.e. forced to respond after the brief presentation) or standard lineup instructions, the optional deadline procedure identified participants with an impressive probability of having made a correct identification when used with target-present lineups and biased instructions. With unbiased instructions, the optional deadline produced clear discrimination between correct and incorrect identification decisions for choosers and, importantly, also for non-choosers. Possible strategies for improving the efficacy of the procedure are suggested.     

A comparison of Chinese judges' and US judges' knowledge and beliefs about eyewitness testimony

Abstract

We surveyed 170 Chinese judges about their knowledge and beliefs about eyewitness testimony, and compared their answers to a prior survey of 160 US judges. Although the Chinese judges were less knowledgeable than the US judges, both groups had limited knowledge of eyewitness testimony, including for such important issues as whether lay people can distinguish between accurate and inaccurate eyewitnesses. Unlike the US judges, greater knowledge of eyewitness factors for the Chinese judges was not related to beliefs that may be necessary to reduce eyewitness error. Compared to the US judges, the Chinese judges were much less likely to believe that they needed additional eyewitness training and that they knew more about eyewitness testimony than lay persons. We also discuss the impact of culture, legal systems, investigative procedures, and judges' function on the Chinese judges' responses, and the legal reforms that China may need to implement to reduce eyewitness error.