### 1. Eyewitness Identification & Memory Contamination
- How does eyewitness confidence relate to accuracy, and why is the first test the most reliable?
- Confidence is often weakly correlated with accuracy, yet jurors find confident witnesses persuasive.
- The first test is the most reliable because it is based on uncontaminated memory. Memory can be altered over time due to repeated questioning, exposure to misinformation, and feedback effects.
- Example: Ronald Cotton’s wrongful conviction—Jennifer Thompson was initially uncertain, but her confidence increased due to memory contamination.
- What is the post-identification feedback effect, and how does it impact eyewitness testimony?
- Feedback (e.g., from law enforcement) after an identification can inflate eyewitness confidence.
- This leads to jurors overestimating the reliability of the eyewitness testimony.
### 2. Interviewing Techniques & False Memories
- How can misleading questions during an interview distort memory recall, especially in children?
- Memory is malleable and can be contaminated by suggestion.
- Example: Loftus & Palmer (1974) study—using "smashed" instead of "hit" led participants to falsely recall broken glass.
- What are the key principles of the Cognitive Interview, and why is it more effective than traditional interviews?
- Uses four mnemonics:
1. Reconstruction – mentally recreate the event.
2. Report Everything – recall all details, even seemingly irrelevant ones.
3. Change Order of Events – recall in different sequences.
4. Change Perspectives – view the event from different angles.
- More effective because it minimizes contamination and maximizes retrieval.
- What were the major lessons from the McMartin Preschool case regarding interviewing children?
- Improper interviewing techniques (leading questions, coercion) led to false memories of abuse.
- Example: 400 children were assessed, but no physical evidence was found, and the case collapsed.
### 3. Forensic Hypnosis & Memory Reliability
- What are the potential benefits and risks of forensic hypnosis in eyewitness testimony?
- Benefits: Can help recover details that may not be readily accessible.
- Risks: Increases susceptibility to false memories, leading to confabulation.
- How did the Chowchilla kidnapping case illustrate both the usefulness and dangers of forensic hypnosis?
- A victim under hypnosis recalled a license plate number, leading to the arrest of the kidnappers.
- However, hypnosis can also produce fabricated memories, which is why many courts don’t allow it as evidence.
### 4. Criminal Profiling & Geographic Offender Analysis
- What is the difference between organized and disorganized serial killers, and how does this affect profiling?
- Organized killers: Plan crimes, choose victims carefully, remove evidence (e.g., Ted Bundy).
- Disorganized killers: Kill impulsively, leave evidence, act erratically.
- Profiling helps predict future behaviors based on crime scene characteristics.
- How does geographic profiling help law enforcement locate criminals, and what are its limitations?
- Uses crime locations to estimate where the offender is based.
- Circle Hypothesis: Most serial offenders (90%) are marauders—they commit crimes close to their home base.
- Limitations: Assumes rational behavior; may not work for highly mobile criminals.
### 5. Jury Decision-Making & Bias
- How does pretrial publicity influence jury decisions, and what psychological factors lead to source misattribution?
- Exposure to media before trial biases jurors, making it hard to separate facts from prior beliefs.
- Source misattribution: Jurors forget where they heard information and may unknowingly rely on inaccurate pretrial coverage.
- What is jury nullification, and how can it impact legal outcomes?
- When a jury ignores the law and acquits a defendant based on personal beliefs.
- Example: Juries may refuse to convict in cases of unjust laws (e.g., drug possession cases).
### 6. False Confessions & Plea Bargaining
- Why are juveniles more vulnerable to false guilty pleas, and what factors contribute to coerced confessions?
- Juveniles are more likely to comply with authority figures, lack understanding of legal consequences, and are susceptible to police pressure.
- Coerced confessions arise from lengthy interrogations, deprivation of food/sleep, and threats or promises.
- What is the Alford Plea, and how does it differ from other types of plea bargaining?
- Defendant pleads guilty while maintaining innocence to avoid harsher punishment.
- Different from no contest (nolo contendere), where the defendant does not admit guilt but accepts punishment.
### 7. Eyewitness Lineups & Legal Safeguards
- How do simultaneous vs. sequential lineups differ, and what does ROC analysis reveal about their effectiveness?
- Simultaneous lineups: All suspects are shown at once, leading to relative judgments (choosing the most familiar face).
- Sequential lineups: Suspects are shown one at a time, encouraging absolute judgments (reduces false IDs).
- ROC analysis: Sequential lineups lower false ID rates but also slightly lower correct ID rates.
- Why is it essential to use evidence-based grounds before including a suspect in a police lineup?
- Eyewitness memory can be contaminated, leading to wrongful convictions.
- Example: James Joseph Garner was falsely convicted due to memory contamination over time.
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### Additional Tips for Your Exam
1. Key Case Studies:
- Ronald Cotton – Wrongfully convicted due to eyewitness misidentification; Jennifer Thompson was confident in her ID, but DNA later proved him innocent.
- Chowchilla Kidnapping – Forensic hypnosis helped a witness recall the license plate number, leading to the capture of the criminals.
- McMartin Preschool – Improper interviewing of children led to false accusations of abuse, showcasing the dangers of suggestive questioning.
- James Joseph Garner – Initially rejected in a lineup but later falsely identified with 100% certainty in court, demonstrating memory contamination over time.
2. Differences Between Investigative Techniques:
- Cognitive Interview uses mnemonics (reconstructing the event, reporting everything, changing order, and perspectives), leading to more reliable recall.
- Traditional Interviews often use leading questions, which can contaminate memory and increase false recollections.
- Simultaneous Lineups show all suspects at once, leading to relative judgments and a higher false ID rate.
- Sequential Lineups present suspects one at a time, encouraging absolute judgments, which lower false IDs but also slightly lower correct IDs.
3. Psychological Factors Affecting Memory & Decision-Making:
- Confidence ≠ Accuracy – Jurors believe confident witnesses, but confidence can be inflated by post-identification feedback.
- Suggestibility – Children, juveniles, and mentally disabled individuals are more susceptible to leading questions and coercion.
- Stress & Anxiety – High-stress situations (e.g., witnessing a crime) can impair memory recall, making eyewitness testimony unreliable.
4. Real-World Implications:
- Wrongful Convictions – DNA evidence has overturned 375+ cases, with eyewitness misidentification being a factor in ~70% of them.
- Criminal Profiling – Helps predict offender behavior but is still more of an art than a science.
- Jury Bias – Pretrial publicity and misleading evidence can create source misattribution, leading jurors to rely on incorrect information.
- False Confessions – Juveniles and mentally impaired individuals are especially vulnerable to coercion, which can lead to innocent people pleading guilty.