目击证人错误辨认风险的司法防范——以美国新泽西州的司法实践为借鉴

在美国新泽西州的刑事诉讼实践中,通过与心理学研究之间的密切互动,形成了一个对辨认组织、执行规范,辨认结果使用规范为一体的错误辨认风险司法防范措施体系,较好地防止了错误辨认结果被采纳从而酿成错案的风险。2012年修正后的中国刑事诉讼法首次将辨认笔录作为一种独立的证据种类予以规定,但本法对于辨认的组织、执行、辨认笔录的质证等缺乏相应的规定。《人民检察院刑事诉讼规则》、《公安机关办理刑事案件程序规定》对辨认准备、执行的规定不仅简略、粗糙,而且相互冲突。从提高辨认结果可靠性的角度考虑,可以借鉴新泽西州目击证人辨认规则与实践变迁的历史和经验,吸收心理学研究的最新成果,以进一步完善中国刑事诉讼中的辨认规则。     

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.     

Intoxicated eyewitnesses: prevalence and procedures according to England’s police officers

Despite the apparent role alcohol plays in criminal offences, there is at present no evidence available as to the extent of the problem of intoxicated witnesses within England. To address this lack of research, police officers from seven constabularies completed an online survey addressing issues such as the prevalence of intoxicated witnesses, how officers determine intoxication, the procedures employed and their effectiveness. Officers indicated that intoxicated witnesses were a common, to very common, occurrence with most officers determining intoxication through physical symptoms and the witness’s own admission. In terms of interviewing witnesses, the majority of officers indicated that initial details were taken whilst witnesses were intoxicated, but the evidential interview was taken when sober. Officers also indicated that if the witness was intoxicated then the case was less likely to proceed to court and that officers viewed the witness as less accurate. These findings are considered from a criminal justice perspective and discussed in relation to future research.     

Can a witness report hearsay evidence unintentionally? The effects of discussion on eyewitness memory

Abstract

When eyewitnesses are exposed to misinformation about an event from a co-witness, they often incorporate this misinformation in their recall of the event. The current research aimed to investigate whether this memory conformity phenomenon is due to change in the witness's memory for the event, or to social pressures to conform to the co-witness's account. Participants were shown a crime video and then asked to discuss the video in groups, with some receiving misinformation about the event from their discussion partners. After a one-week delay some participants were warned about possible misinformation before all participants provided their own account of the event. In Study 1, participants made remember/know judgments about the items recalled, and in Study 2 they indicated the source of their memories. Co-witness information was incorporated into participants’ testimonies, and this effect was not reduced by warnings or source monitoring instructions, suggesting memory change may have occurred. However, there was some indication that remember/know judgments may help distinguish between ‘real’ memories and co-witness information.     

执行人员对目击证人辨认结果的影响及规制

根据《人民检察院刑事诉讼规则》和《公安机关办理刑事案件程序规定》的有关规定,辨认应当在侦查人员的主持之下进行。但心理学研究表明,为了消除辨认过程中执行人员对辨认人的暗示性影响,应由侦查人员之外的其他人员主持辨认过程。英、美等国借鉴心理学研究成果,确立了辨认中的双盲规则,较好地保证了辨认结果的准确性。中国的辨认制度应当以心理学研究成果为根据,修改由侦查人员主持辨认程序的规定,确立辨认程序中的双盲规则。