Forensic Psychology- Week 2 reading

Chapter 7: Eyewitness Testimony

Introduction

• Eyewitness testimony is often debated due to its unreliability.

• Misidentifications are the leading cause of wrongful convictions (The Innocence Project, 2017).

• Such failures reflect poorly on the criminal justice system: innocent individuals are convicted while the actual guilty party remains free.

• Concepts introduced to enhance eyewitness evidence accuracy include the cognitive interview and improved lineup procedures (Kapardis, 2014; Wells et al., 1998).

Key Focus Areas of the Chapter

• Unreliability of Eyewitness Testimony: Explore cognitive biases, estimator/system variables, and the role of emotion.

• Descriptive Evidence: Examine post-event information and the accuracy of eyewitness accounts, particularly in children.

• Identification Evidence: Discuss challenges posed by unfair lineup procedures and face recognition accuracy.

Unreliability of Eyewitness Testimony

Perception and Memory

• Memory does not function like a video camera; rather, individuals reconstruct memories, potentially filling gaps with expectations rather than factual events (Ainsworth, 1998).

Attributional Biases

• Biases affect how people recall and interpret information; individuals often perceive what they expect to see (Ainsworth, 1998).

  • Example: Gudjonsson (1984) elaborated on attribution theory, showing people excuse their actions while blaming others.

• Frederic C. Bartlett's Studies: Demonstrated that schemas influence memory through transformations during recall, such as:

  • Familiarization: Replacing unfamiliar terms with familiar ones.

  • Rationalization: Adding interpretive words to narratives.

  • Dominance: Focusing on particular aspects that stand out.

Estimator and System Variables

• Estimator Variables: Not under the control of the justice system; impact depends on event characteristics.

• System Variables: Under the system's control; affect how evidence is obtained, such as through police procedures.

Emotion and Memory

Stress Impact on Recall

• High emotional arousal during crimes can negatively affect memory accuracy (Smith, Ryder, and Flowe, 2018).

• Studies show that viewing violent events reduces accuracy of recall (Clifford and Scott, 1978).

• Valentine and Mesout (2009) Study: Displayed that state anxiety correlated with poorer recall and identification from lineups.

Conflicting Evidence of Stress

• While panic may hinder recall accuracy (e.g., Hart and L.E. 2011), some studies show accurate recalls under high emotional stress (e.g., Yuille and Cutshall, 1986).

• Yerkes-Dodson Law: Suggests an optimal level of stress for recall accuracy.

Eyewitness Identification Under Stress

• Weapon Focus Effect: Witnesses focus on a weapon, impairing recall of other aspects (e.g., Loftus, Loftus and Messo, 1987).

• Flashbulb Memories: Vivid and detailed recollections of significant events (e.g., Yuille and Cutshall case study).

• Recent studies show high accuracy under emotional circumstances, despite the reconstructive nature of memory could interfere with these accounts.

Descriptive Evidence

Post-event Information

• Post-event information can alter memories, influenced by leading questions or discussions with co-witnesses (Gabbert and Hope, 2017).

• The alteration hypothesis, coexistence theory, and source misattribution theory offer different explanations for memory changes after receiving new information.

Leading Questions

• Elizabeth Loftus' studies show how leading questions can change recall (Loftus & Palmer, 1974).

• Variations in wording of questions result in different recall accuracy regarding events, objects, and details.

• Misinformation: Instances of implanted false memories through suggestive language.

Children as Eyewitnesses

Considerations for Child Witness Accounts

• Often questioned due to developing cognitive skills.

• Key Differences: Their vocabulary, narrative abilities, understanding of time, source monitoring, and suggestibility compared to adults can affect their testimony.

• Improved interview techniques, such as using structured interviews and fostering an open atmosphere for children, can enhance their accuracy in conveying events (Melnyk et al., 2007).

Identification Evidence

Lineup Procedures and Reliability

• Misidentifications a key issue in wrongful convictions; often heightened by suggestive lineup procedures.

• Best Practices for Lineups:

  • Officers unaware of the suspect's identity should conduct lineups.

  • Witnesses informed that the suspect might not be present.

  • Lineup structure ensuring all members appear similar.

Statistical Data on Misidentifications

• The Innocence Project reports high rates of wrongful conviction due to witness misidentification.

• Suggestive lineup procedures are a leading cause of these misidentifications (Cutler and Penrod, 1995).

Conclusion

• Eyewitness testimony is fraught with challenges; inaccuracies frequently stem from factors both within and outside the control of the justice system. It is crucial that methods, like cognitive interviews, are implemented to improve the reliability of testimonies and to challenge the traditional reliance on eyewitness accounts in legal proceedings.