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forensic psychology
-application of methods, theories, and conceptions of psychology to a wide variety of topics within the legal system
-different from forensic science
forensic science
scientists analyze, compare, identify, and interpret physical evidence (ie fingerprints, DNA, etc)
forensic psychology in criminal court
-competency and insanity evaluations
-false confessions
-eyewitness identification
-predicting violent behavior
the innocence project
-uses DNA testing to exonerate innocent people convicted of crimes
-#1 reason for wrongful convictions- eyewitness misidentification
Gross, O''Brien, Hu, & Kennedy (2014)
-found that 1.6% of people on death row are exonerated by DNA evidence
-argue it's higher than 1.6%
-estimate 4.1%
-around 1/3 of people on death row get off and get life sentences instead
Hugo Munsterberg
-the first to apply psychological principles to legal matters: created forensic psychology
-wrote "on the witness stand"
-student of wundt
-argued that psychology should be applied to practical concerns (ie- legal setting)
William Marston
-the first professor of "legal psychology" in America
-first to attempt lie detection using systolic BP to measure deception (became lie detector test)
Elizabeth Loftus
studied implanting of false memories
"on the witness stand" main ideas
-eyewitness memory is fallible
-experimental psychologists as expert witnesses
-guilty knowledge test
-false confessions
-memory can be contaminated by suggestive questioning
interview
-subject is witness to crime (ie-victim)
-goal is to elicit accurate information to facilitate investigation
-problem is that they can be inadvertently induced to provide false information
interrogation
-subject is suspect
-goals are to establish if the suspect is the perpetrator, elicit confessions, elicit accurate information to facilitate investigation
-problem is that sometimes they may confess to a crime that they didn't commit
Roebers and Schneider (2000)
-adults and kids shown video of a boy and girl on the way home from school who were stopped by a gang who took their money
-interviewed them 3 weeks later with unbiased or biased questions
-one week afterwards, given a recognition memory test
-at week 3, kids especially likely to "remember" information suggested by interviewer
-at week 4, kids and adults performed worse if they had been exposed to misleading questions
forensic hypnosis
-investigative memory retrieval technique used to enhance recall in legally relevant situations
should be limited to investigative process and results should not be used as evidence in court
hypnosis
state of elevated receptivity to suggestion characterized by an altered state of consciousness (may be a state of enhanced relaxation)
problems with forensic hypnosis
-may construct false memories without realizing
-may be as vulnerable to suggestive questioning as anyone
-the use of hypnosis to enhance recall--> incorrect information. you get more information but it is often wrong.
-should be limited to investigative process and results not be used as evidence in court
Chowchilla kidnapping case
-example of forensic hypnosis working
-hypnotized witness remembered license plate number, led to finding bus with victims of kidnapping
cognitive interview
-A method of questioning witnesses that involves recreating the context of an event
-uses reconstruction, reporting everything, changing order of events, and changing perspectives
-large increase in correct details, small increase in errors
Woolhough and Macleod, 2001
-found that 96% of "action details" (victim being knocked to ground) were correct
-Used cctv to verify
-Fahsing, ask, and granhag, 2004 found it 87% correct
Granhag et al
-archival police study of 29 people who witnessed a murder of swedish foreign minister Anna Lindh
-Witnesses were gathered together and discussed what they saw before the interview
-Only 58% of the information given was accurate based off of CCTV footage
-BAD! Unimpressive eyewitness memory performance
Roberts and Higham (2002)
-After watching videotape of simulated robbery, lab witnesses were interviewed about their recollections of event
-Later, witnesses were asked to make confidence judgements (using a 1-7 scale) about each detail that was reported earlier
-For each level of confidence, compute accuracy score
Correct details/(correct details + incorrect details) for each level of confidence
-Found confidence showed accuracy in a reliable way, not 100% accurate but an ok job
Odinot, Wolters, and Van Koppen (2009)
-Interviewed witnesses of armed robbery that had occurred 3 months earlier
-Supermarket had cameras to compare to
-Accuracy was computed separately for each level of confidence
-Found that low confidence around 59% correct
-High confidence around 85% correct
McMartin Preschool case
-In the 1980's, police sent a letter to parents at this preschool saying that they were conducting an investigation on child molestation in the school. Parents freaked out
-Ray buckey arrested on child molestation charges
-200 parents sent letters, 400 children assessed
-Improper interviewing techniques implanted false memories into the kids
likely credible reports from children
-spontaneous
-consistent, credible details
-age appropriate language
-first interviewer uses open-ended and non leading questions
-narrative account in own words
national institute of child health and human development (NICHD) protocol
-protocol for interviewing children
-Introductory phase- interviewer introduces self, clarifies child's task, explains ground rules/expectations (ie shouldn't say "i don't know")
-Rapport-building phase- designed to create a relaxed, supportive environment
Children and prompted to describe a recently experienced neutral event in detail
-says to avoid close ended prompts and leading questions
techniques to use in NICHD protocol
-Facilitators- just saying "ok" or "go on", repeating back, etc
-Invitations- "tell me what happened", "tell me more"
-Cued invitations- asking for more information about something a child mentioned
"You said the teacher wanted to play the doctor game; tell me about it"
Lamb study of NICHD protocol
-examined 150 interviews of kids disclosing sexual abuse
-4-5 year olds gave about 2 details for a forced choice question
-Two times as many for a "tell me more" question
-8-9 year olds gave about 2 details for a forced choice question
-4 times as much for a "tell me more"
Warren et al (1999)
-assessed outcome of 10 day training on NICHD procedure and found that knowledge increases after training, did not translate into interviewer practices
custodial interrogation
-Freedom of movement is significantly restricted (eg suspect has been arrested for a crime)
-A reasonable person would have felt he or she was not at liberty to end the interrogation and leave
Miranda Rights
-Right to remain silent
-Have attorney present during questioning
-Have appointed attorney when financial need exists
-To acknowledge understanding of rights
-Goals- discourage coercion, prevent involuntary confessions
-80% waive their miranda rights
-over 90% of juveniles waive their rights
Power of confession on jury
-With a confession, juries tend to reach a guilty verdict
-Mock jurors asked whether judged confession to be voluntary, if it influenced verdict and if they voted conviction