Secondary Confessions as Post-identification Feedback: How Jailhouse Informant Testimony Can Alter Eyewitnesses’ Identification Decisions

Prior research has shown that primary confession evidence can alter eyewitnesses’ identifications and self-reported confidence. The present study investigated whether secondary confession evidence from a jailhouse informant could have the same effect. Participants (N?=?368) watched a video of an armed robbery and made an identification decision from a photo lineup. Except for those in the no-feedback conditions, all participants then read that certain lineup members either confessed to the crime, denied involvement, or were implicated by a jailhouse informant. Jailhouse informant testimony implicating the identified lineup member led participants to have significantly higher confidence in their identification. In contrast, jailhouse informant testimony that implicated a lineup member other than the identified led participants to have significantly lower confidence in their initial identification, and 80% of these witnesses changed their identification. These results indicate that jailhouse informant testimony can influence eyewitnesses’ confidence and their identification decisions.     

The effect of post-identification feedback, delay, and suspicion on accurate eyewitnesses

We examined whether post-identification feedback and suspicion affect accurate eyewitnesses. Participants viewed a video event and then made a lineup decision from a target-present photo lineup. Regardless of accuracy, the experimenter either, informed participants that they made a correct lineup decision or gave no information regarding their lineup decision. Immediately following the lineup decision or after a 1-week delay, a second experimenter gave some of the participants who received confirming feedback reason to be suspicious of the confirming feedback. Following immediately after the confirming feedback, accurate witnesses did not demonstrate certainty inflation. However, after a delay accurate witnesses did demonstrate certainty inflation typically associated with confirming feedback. The suspicion manipulation only affected participants' certainty when the confirming feedback created certainty inflation. The results lend support to the accessibility interpretation of the post-identification feedback effect and the erasure interpretation of the suspicion effect.     

An experimental comparison of adversarial versus inquisitorial procedural regimes

This article reports the results of a multiyear series of economicexperiments comparing the two dominant types of legal proceduresused in adjudication: (1) the 'adversarial' model of party-controlledprocedure versus (2) the 'inquisitorial' model of judge-controlledprocedure. The principal finding is that the relative fact-findingefficiency of the two systems, in terms of both the 'revelation'of hidden facts and the 'accuracy' of decision, depends significantlyupon the information structure. Under a 'private' informationstructure, inquisitorial procedure is relatively more efficient,whereas under a 'correlated' information structure, adversarialprocedure is relatively more efficient.     

On the power of secondary confession evidence

Research on primary confessions has demonstrated that it is a powerful form of evidence. The goal of the current research was to investigate whether secondary confessions – the suspect confesses to another individual who in turn then reports the confession to the police – could be as persuasive. In Experiments 1 and 2, participants read a murder trial containing an eyewitness identification, a secondary confession, and character testimony, and made midtrial assessments of the evidence. Results indicated that the secondary confession was evaluated as the most incriminating. In Experiment 3, participants read summaries of four criminal trials, each of which contained a primary confession, a secondary confession, eyewitness identification, or none of the above. The two confession conditions produced significantly higher conviction rates. Our findings suggest that secondary confessions are another powerful and potentially dangerous form of evidence.     

Is Manipulative Intent Necessary to Mitigate the Eyewitness Post-Identification Feedback Effect?

Feedback suggestive of mistaken eyewitnesses claiming that they identified the correct person leads to distorted retrospective judgments of certainty, view, and other testimony-relevant measures. This feedback effect can be significantly mitigated if witnesses later learn that the feedback source did not know which lineup member was the correct person and had a manipulative intent (post-feedback suspicion manipulation). We replicated the post-feedback suspicion effect and used a mistake condition showing that the manipulative intent is not a necessary component, thereby ruling out reactance-type interpretations of the post-feedback suspicion effect. Some conditions included instructions to ensure relevant processing of the feedback before the post-feedback suspicion manipulations, but these processing instructions did not mitigate the effect. The results suggest that these retrospective judgments (e.g., certainty, attention, view) remain malleable as new information unfolds.     

The Effect of Post-ID Feedback on Retrospective Self-Reports in Showups

This study examined the effects of post-identification feedback on witness retrospective self-reports in showups and lineups, and importantly, focused on guilty and innocent suspect identifications. After viewing a mock crime video, participants were asked to identify the suspect from either a target-present or target-absent photo lineup or showup. Participants were randomly assigned to receive confirming feedback (“Great job, you made the correct decision”) or no feedback about their identification, before self-reporting confidence, view, attention, willingness to testify, and trust of a witness with a similar view. We replicated the typical finding that confirming feedback inflated witness self-reports and resulted in a larger proportion of witnesses meeting the credibility threshold necessary to testify. Importantly, we also found that showups had significantly higher self-reports than lineups, despite the equal discriminability achieved in this study between these two procedures. These data provide yet another reason for the police to restrict use of showups.     

Beliefs about secondary confession evidence: a survey of laypeople and defense attorneys

We surveyed students, community members, and defense attorneys regarding beliefs about secondary confession evidence (i.e. when a third party tells authorities that a person has confessed to him or her) from jailhouse informants and other sources. Results indicated that laypeople perceive secondary confessions as less credible than other types of evidence (e.g. forensics, DNA, eyewitness testimony), and they are knowledgeable about factors that may influence the veracity of secondary confessions, such as incentives or previous testimony. However, they underestimated or were uncertain about how persuasive secondary confessions would be to themselves or other jurors. Compared to laypeople, defense attorneys were more sensitive about issues affecting the reliability of secondary confessions.