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Journal articles on the topic 'Eyewitness identification'

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Author: Grafiati

Published: 4 June 2021

Last updated: 1 August 2024

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1

Lebensfeld, Taylor, and Laura Smalarz. "Cross-Examination Fails to Safeguard Against Feedback Effects on Eyewitness Testimony." Wrongful Conviction Law Review 3, no. 3 (February 28, 2023): 240–69. http://dx.doi.org/10.29173/wclawr80.

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The legal system relies heavily on eyewitness evidence to identify and prosecute criminal perpetrators, but wrongful convictions resulting from eyewitness misidentification have led many to conclude that eyewitness memory is unreliable. Advances in eyewitness identification research have produced a more nuanced understanding of eyewitness reliability, however. Whereas pristinely collected eyewitness identification evidence provides diagnostic information about a suspect’s guilt or innocence, numerous contaminants of eyewitness memory can undermine the reliability of eyewitness identification evidence. One such contaminant is confirming post-identification feedback—feedback given to or inferred by an eyewitness that communicates that their identification decision was correct. Confirming feedback is inevitable in real cases involving eyewitness identification and compromises the diagnostic value of eyewitness memory to such an extent that it undermines evaluators’ abilities to differentiate between accurate and mistaken eyewitnesses (Smalarz & Wells, 2014). The current research tested whether cross-examination, a fundamental legal safeguard for preventing wrongful conviction based on eyewitness misidentification, can help remedy the contaminating effects of feedback on eyewitness testimony. Evaluators (N = 128) viewed direct examination testimony or direct- and cross-examination testimony of accurate and mistaken eyewitnesses, some of whom had received confirming feedback following their identification. Although the majority of eyewitnesses admitted during cross-examination that some or all of their recollections may have been influenced by the feedback, viewing the cross-examination did not improve evaluators’ abilities to differentiate between accurate and mistaken eyewitness testimony. Cross-examination appears to be an insufficient safeguard for preventing wrongful convictions based on contaminated eyewitness evidence.

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2

Wixted, John T., Gary L. Wells, Elizabeth F. Loftus, and Brandon L. Garrett. "Test a Witness’s Memory of a Suspect Only Once." Psychological Science in the Public Interest 22, no. 1_suppl (November 3, 2021): 1S—18S. http://dx.doi.org/10.1177/15291006211026259.

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Eyewitness misidentifications are almost always made with high confidence in the courtroom. The courtroom is where eyewitnesses make their last identification of defendants suspected of (and charged with) committing a crime. But what did those same eyewitnesses do on the first identification test, conducted early in a police investigation? Despite testifying with high confidence in court, many eyewitnesses also testified that they had initially identified the suspect with low confidence or failed to identify the suspect at all. Presenting a lineup leaves the eyewitness with a memory trace of the faces in the lineup, including that of the suspect. As a result, the memory signal generated by the face of that suspect will be stronger on a later test involving the same witness, even if the suspect is innocent. In that sense, testing memory contaminates memory. These considerations underscore the importance of a newly proposed recommendation for conducting eyewitness identifications: Avoid repeated identification procedures with the same witness and suspect. This recommendation applies not only to additional tests conducted by police investigators but also to the final test conducted in the courtroom, in front of the judge and jury.

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3

Albright, Thomas D. "Why eyewitnesses fail." Proceedings of the National Academy of Sciences 114, no. 30 (July 25, 2017): 7758–64. http://dx.doi.org/10.1073/pnas.1706891114.

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Eyewitness identifications play an important role in the investigation and prosecution of crimes, but it is well known that eyewitnesses make mistakes, often with serious consequences. In light of these concerns, the National Academy of Sciences recently convened a panel of experts to undertake a comprehensive study of current practice and use of eyewitness testimony, with an eye toward understanding why identification errors occur and what can be done to prevent them. The work of this committee led to key findings and recommendations for reform, detailed in a consensus report entitledIdentifying the Culprit: Assessing Eyewitness Identification. In this review, I focus on the scientific issues that emerged from this study, along with brief discussions of how these issues led to specific recommendations for additional research, best practices for law enforcement, and use of eyewitness evidence by the courts.

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4

McGuire, M. Dyan, Tamara Kenny, and Arijana Grabic. "Eyewitness identification for prudent police." Policing: An International Journal of Police Strategies & Management 38, no. 4 (November 16, 2015): 598–609. http://dx.doi.org/10.1108/pijpsm-05-2015-0055.

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Purpose – Both anecdotal and empirical evidence indicates that even well-intentioned eyewitnesses can make inaccurate identifications resulting in erroneous prosecutions and wrongful convictions. The risk of erroneous identification increases when witnesses are asked to identify people belonging to other races. The purpose of this paper is to evaluate the policies which enhance the likelihood of obtaining accurate identifications from eyewitnesses. Legal implications especially relevant to police administrators in the USA including constitutional considerations and risks of civil liability are integrated with the empirical record and used to make policy recommendations likely to decrease legal and public relations entanglements for police. Design/methodology/approach – This paper integrates an empirical literature review with legal research and analysis in order to advocate for prudent policy reforms. Findings – Both the empirical record and current US law indicate that police administrators would be well-advised to require serial, double-blind identification procedures where witnesses are routinely warned about the perpetrator’s potential absence and required to give immediate certainty statements. Officers should be prohibited from using the same suspect with the same witness more than once and should be provided with training on the inherent dangers of inaccuracy associated with cross-racial identifications. Originality/value – While a significant amount of material concerning eyewitness identification exists, most of the existing work does not integrate legal realities, especially those concerning civil liability, within the framework of the eyewitness identification literature. Nor does past work contextualize the need for reform with the emerging racially charged atmosphere in which US police must currently work.

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5

Rodriguez, Dario N., and Melissa A. Berry. "Eyewitness Science and the Call for Double-Blind Lineup Administration." Journal of Criminology 2013 (September 24, 2013): 1–10. http://dx.doi.org/10.1155/2013/530523.

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For several decades, social scientists have investigated variables that can influence the accuracy of eyewitnesses’ identifications. This research has been fruitful and led to many recommendations to improve lineup procedures. Arguably, the most crucial reform social scientists advocate is double-blind lineup administration: lineups should be administered by a person who does not know the identity of the suspect. In this paper, we briefly review the classic research on expectancy effects that underlies this procedural recommendation. Then, we discuss the eyewitness research, illustrating three routes by which lineup administrators’ expectations can bias eyewitness identification evidence: effects on eyewitnesses’ identification decisions, effects on eyewitnesses’ identification confidence, and effects on administrator records of the lineup procedure. Finally, we discuss the extent to which double-blind lineup administration has been adopted among police jurisdictions in the United States and address common concerns about implementing a double-blind standard.

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6

Meintjes, Lirieka. "JUDICIAL UNDERSTANDING OF THE RELIABILITY OF EYEWITNESS EVIDENCE: A TALE OF TWO CASES." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (July 25, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a1247.

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One of the most significant consequences of the use of post-conviction DNA testing in the criminal justice system has been the growing recognition that eyewitness identification testimony is simply not as reliable as it was previously considered to be. In approximately 75% of DNA exonerations in the United States, mistaken eyewitness identifications were the principal cause of wrongful convictions. Notwithstanding scientific advances regarding human memory and other factors that could influence identifications by eyewitnesses, courts have not shown eagerness in utilising such scientific knowledge in reaching legal decisions. Two cases have been chosen for discussion in this article. In S v Henderson 27 A 3d 872 (NJ 2011) the New Jersey Supreme Court was the first in State and Federal jurisdictions in the US that adopted a science-based approach to the evaluation of eyewitness evidence. The other case under discussion is S v Mdlongwa 2010 2 SACR 419 (SCA),a South African Supreme Court of Appeal judgment, where the identification of the perpetrator was based on an eyewitness account and the evidence of an expert on CCTV images. In part one of this article the research findings with regard to estimator variables that were acknowledged in S v Henderson are discussed. Part two specifically scrutinizes S v Mdlongwa to determine the extent to which psychological eyewitness research findings are recognised in South Africa as having an influence on the reliability of eyewitness evidence. In Henderson the court recognised that the legal standards governing the admissibility and use of identification evidence lagged far behind the findings of numerous studies in the social sciences. The new wave introduced by S v Henderson has not gone unnoticed in other State courts in the USA. In Massachusetts, for example, the Justices of the Supreme Judicial Court convened a study group on Eyewitness Evidence and the resulting report inter alia recommended judicial notice of modern psychological principles, revised jury eyewitness identification instructions and continuous education of both judges and lawyers. Recognition and education pertaining to these factors can and should be incorporated in South Africa.

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7

Wixted, John T., Laura Mickes, John C. Dunn, Steven E. Clark, and William Wells. "Estimating the reliability of eyewitness identifications from police lineups." Proceedings of the National Academy of Sciences 113, no. 2 (December 22, 2015): 304–9. http://dx.doi.org/10.1073/pnas.1516814112.

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Laboratory-based mock crime studies have often been interpreted to mean that (i) eyewitness confidence in an identification made from a lineup is a weak indicator of accuracy and (ii) sequential lineups are diagnostically superior to traditional simultaneous lineups. Largely as a result, juries are increasingly encouraged to disregard eyewitness confidence, and up to 30% of law enforcement agencies in the United States have adopted the sequential procedure. We conducted a field study of actual eyewitnesses who were assigned to simultaneous or sequential photo lineups in the Houston Police Department over a 1-y period. Identifications were made using a three-point confidence scale, and a signal detection model was used to analyze and interpret the results. Our findings suggest that (i) confidence in an eyewitness identification from a fair lineup is a highly reliable indicator of accuracy and (ii) if there is any difference in diagnostic accuracy between the two lineup formats, it likely favors the simultaneous procedure.

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8

Brewer, Neil, and Gary L. Wells. "Eyewitness Identification." Current Directions in Psychological Science 20, no. 1 (February 2011): 24–27. http://dx.doi.org/10.1177/0963721410389169.

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9

Wells, Gary L. "Eyewitness Identification." Current Directions in Psychological Science 23, no. 1 (February 2014): 11–16. http://dx.doi.org/10.1177/0963721413504781.

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10

Budyakova, Tatyana P. "Memory Errors in Eyewitness Identification Testimony." International Journal of Psychosocial Rehabilitation 24, no. 3 (March 30, 2020): 2931–42. http://dx.doi.org/10.37200/ijpr/v24i3/pr2020326.

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11

LEIPPE, MICHAEL R., and GARY L. WELLS. "Should We Be Partial to Partial Identification?" Criminal Justice and Behavior 22, no. 4 (December 1995): 373–85. http://dx.doi.org/10.1177/0093854895022004002.

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Eyewitness identification of criminal suspects from lineups and photospreads is the largest single cause of false imprisonment in the United States. Research programs have outlined experimentally proven techniques to reduce the dangers. Levi and Jungman have proposed a radical technique in which eyewitnesses choose several people from a large set of photos based on their similarity to the culprit. They argue that this will help solve many problems, including the tendency for courts to overbelieve eyewitnesses. Some problems and prospects for this new technique are discussed.

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12

Brewer, Neil, and Matthew A. Palmer. "Eyewitness identification tests." Legal and Criminological Psychology 15, no. 1 (February 2010): 77–96. http://dx.doi.org/10.1348/135532509x414765.

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13

Wells, Gary L., Nancy K. Steblay, and Jennifer E. Dysart. "Eyewitness Identification Reforms." Perspectives on Psychological Science 7, no. 3 (May 2012): 264–71. http://dx.doi.org/10.1177/1745691612443368.

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14

Clark, Steven E. "Eyewitness Identification Reform." Perspectives on Psychological Science 7, no. 3 (May 2012): 279–83. http://dx.doi.org/10.1177/1745691612444136.

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15

Rakoff, Jed S., and Elizabeth F. Loftus. "The Intractability of Inaccurate Eyewitness Identification." Daedalus 147, no. 4 (October 2018): 90–98. http://dx.doi.org/10.1162/daed_a_00522.

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Inaccurate eyewitness testimony is a leading cause of wrongful convictions. As early as 1967, the U.S. Supreme Court recognized this danger, but the tests it promulgated to distinguish reliable from unreliable eyewitness testimony were based largely on surmise. More recently, substantial research has demonstrated that, while significant improvements can be made in the manner in which lineups, photo arrays, and other identification procedures are conducted, inherent limitations of human perception, memory, and psychology raise, in many cases, intractable barriers to accurate eyewitness testimony. Where barriers to accurate eyewitness testimony exist, one response is to sensitize jurors to the limitations of eyewitness identifications, but studies to date have not shown that special jury instructions can accomplish that purpose. Moreover, research on expert testimony has produced mixed results, with some studies showing that it helps jurors discriminate between good and bad eyewitness evidence, and other studies showing that it merely creates overall skepticism.

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16

Wells, William, Bradley Campbell, Yudu Li, and Stryker Swindle. "The characteristics and results of eyewitness identification procedures conducted during robbery investigations in Houston, TX." Policing: An International Journal of Police Strategies & Management 39, no. 4 (November 21, 2016): 601–19. http://dx.doi.org/10.1108/pijpsm-10-2015-0124.

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Purpose Social scientific research is having a substantial impact on eyewitness identification procedural reforms. Police agencies in the USA have changed their eyewitness practices based on the results of social scientific research. The purpose of this paper is to contribute new knowledge by using a unique set of data to describe detailed aspects of eyewitness identification procedures conducted as part of robbery investigations in Houston, TX. Design/methodology/approach Robbery investigators completed surveys following identification procedures conducted during a six-month period of time. The sample includes 975 identification procedures. The analysis describes important features of identification procedures and places results in the context of existing research. Findings Results show that photo spreads were the most frequently used lineup procedure and selection outcomes were similar to recent field studies conducted in the USA. Results also show that the type of procedure, presence of a weapon, cross-race identifications, and viewing opportunity were significantly correlated with selection outcomes. Originality/value Police are reforming their eyewitness identification procedures based on findings from social science research. The study measures and describe the characteristics of a large sample eyewitness procedures conducted by investigators in the field.

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17

Wixted, John T., Laura Mickes, Steven E. Clark, Scott D. Gronlund, and Henry L. Roediger. "Initial eyewitness confidence reliably predicts eyewitness identification accuracy." American Psychologist 70, no. 6 (September 2015): 515–26. http://dx.doi.org/10.1037/a0039510.

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18

Wixted, John T., and Gary L. Wells. "The Relationship Between Eyewitness Confidence and Identification Accuracy: A New Synthesis." Psychological Science in the Public Interest 18, no. 1 (March 22, 2017): 10–65. http://dx.doi.org/10.1177/1529100616686966.

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Summary The U.S. legal system increasingly accepts the idea that the confidence expressed by an eyewitness who identified a suspect from a lineup provides little information as to the accuracy of that identification. There was a time when this pessimistic assessment was entirely reasonable because of the questionable eyewitness-identification procedures that police commonly employed. However, after more than 30 years of eyewitness-identification research, our understanding of how to properly conduct a lineup has evolved considerably, and the time seems ripe to ask how eyewitness confidence informs accuracy under more pristine testing conditions (e.g., initial, uncontaminated memory tests using fair lineups, with no lineup administrator influence, and with an immediate confidence statement). Under those conditions, mock-crime studies and police department field studies have consistently shown that, for adults, (a) confidence and accuracy are strongly related and (b) high-confidence suspect identifications are remarkably accurate. However, when certain non-pristine testing conditions prevail (e.g., when unfair lineups are used), the accuracy of even a high-confidence suspect ID is seriously compromised. Unfortunately, some jurisdictions have not yet made reforms that would create pristine testing conditions and, hence, our conclusions about the reliability of high-confidence identifications cannot yet be applied to those jurisdictions. However, understanding the information value of eyewitness confidence under pristine testing conditions can help the criminal justice system to simultaneously achieve both of its main objectives: to exonerate the innocent (by better appreciating that initial, low-confidence suspect identifications are error prone) and to convict the guilty (by better appreciating that initial, high-confidence suspect identifications are surprisingly accurate under proper testing conditions).

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19

Miao, Anxin. "Avoid Misidentification in Eyewitness Identification Procedures." Lecture Notes in Education Psychology and Public Media 5, no. 1 (May 17, 2023): 477–81. http://dx.doi.org/10.54254/2753-7048/5/20220672.

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Misidentification is detrimental in judicial proceedings. People perceive memories as the reality that has happened, but they are not exact images in their minds, and thus memory can be distorted, and false memories can be implanted into people's minds. Numerous studies highlight the frequent adverse effects of eyewitness identification methods. In order to reduce misidentification in judicial trials, this study explored the influencing factors of misidentification. Based on the previous studies, the present study describes misidentification and the influencing factors, including suggestive information, repeated identification procedures, and the witnesses' confidence. Recommendations are made regarding suggestive information that can influence eyewitnesses decisions, the evidence is contaminated from repeated identification procedures, and only confidence in the initial identification can be considered reliable evidence. The significance of this study is beneficial for researchers to increase their insights into the influencing factors in misidentification, and it also has implications for reducing misidentification in judicial trials in the future.

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20

Cho, Won-Cheol. "Eyewitness Identification and Lineup." Korean Lawyers Association Journal 58, no. 1 (January 2009): 240–305. http://dx.doi.org/10.17007/klaj.2009.58.1.007.

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21

Leach, Amy-May, Brian L. Cutler, and Lori Van Wallendael. "Lineups and Eyewitness Identification." Annual Review of Law and Social Science 5, no. 1 (December 2009): 157–78. http://dx.doi.org/10.1146/annurev.lawsocsci.093008.131529.

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22

Parliament, Lisa, and A. Daniel Yarmey. "Deception in Eyewitness Identification." Criminal Justice and Behavior 29, no. 6 (December 2002): 734–46. http://dx.doi.org/10.1177/009385402237925.

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One-hundred twenty-eight undergraduates were shown a videotape of a staged crime of a young man abducting a child. Participants were instructed to role-play eyewitness behaviors in which they (a) lied to protect the perpetrator; (b) lied to protect the perpetrator but told the truth about the child; (c) lied to ensure the conviction of the perpetrator; or (d) responded truthfully and accurately to the best of their ability. One week later, participants were given a target-present or target-absent photo lineup of both the perpetrator and the child-victim. Participants instructed to lie to protect the perpetrator consistently stated he was not present as opposed to selecting an innocent person. In addition, participants lying to protect the perpetrator were significantly quicker to make identification decisions than participants attempting to make an accurate identification. There were no significant differences between groups in identification performance or in decision times involving the child lineup.

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23

Clark, Steven E., Ryan T. Howell, and Sherrie L. Davey. "Regularities in eyewitness identification." Law and Human Behavior 32, no. 3 (June 2008): 187–218. http://dx.doi.org/10.1007/s10979-006-9082-4.

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24

BYRD, BRITTNEY, and HARVEY J. BURNETT. "Lineup Instruction Verbiage's Effect on the Accuracy of Eyewitness Identifications: Michigan's Procedure." Michigan Academician 47, no. 2 (January 1, 2021): 116–35. http://dx.doi.org/10.7245/0026-2005-47.2.116.

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ABSTRACT Our study examined the effects of biased and unbiased lineup instructions verbiage on the accuracy of eyewitness identification in a suspect-absent photographic lineup. Seventy subjects were randomly assigned to either a biased instruction condition or an unbiased instruction condition where they watched a mocked crime video, solved word-search puzzles for five minutes, completed a suspect-absent photographic lineup, and then completed an online post-witness experience feedback questionnaire. The unbiased condition utilized photographic lineup instructions from the State Bar of Michigan's Eyewitness Identification Task Force recommended policy writing guide. For the biased condition, the instructions alluded to subjects that the suspect was present. Subjects in the unbiased condition answered correctly 45.7% of the time compared to 28.6% of those in the biased condition. Chi-square test for independence indicated no significant association between the lineup instructions verbiage and the accuracy of eyewitness identification rates. Binomial logistic regression found that the confidence level in the identification choice made, ease of making an identification, decision making time, ability to recognize the lineup appeinstructions, and group condition were not significant predictors of subjects correctly identifying the suspect. Our results would suggest that the verbiage of the lineup instructions does not increase accuracy of eyewitness identifications.

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Clark, Steven E., Gwendolyn L. Brower, Robert Rosenthal, J. Marie Hicks, and Molly B. Moreland. "Lineup administrator influences on eyewitness identification and eyewitness confidence." Journal of Applied Research in Memory and Cognition 2, no. 3 (September 2013): 158–65. http://dx.doi.org/10.1016/j.jarmac.2013.06.003.

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26

Wang, Tianyi. "Factors underlying Eyewitness Memory Accuracy: Individual Differences and Confidence." Journal of Education, Humanities and Social Sciences 5 (November 23, 2022): 301–6. http://dx.doi.org/10.54097/ehss.v5i.2921.

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False memory, modulated by factors, such as emotion and semantic information about an event, can impede accurate suspect identification. Negative mood and semantic processing are found to create false memory by establishing associations between events. The associations include confounding the events’ order, mixing the events’ contents, and using schemas that sometimes deviate from the actual circumstances. The inconsistency of emotion while encoding and retrieving information can also cause the failure of recalling correct crime scene details. To increase the value of eyewitness testimony, this review discussed several factors that can impact eyewitness memory accuracy. Lab studies are largely based on individual cognitive differences, the level of confidence made with suspect identifications, and individual cross-cultural differences. High executive functional (EF) availability and high confidence level were found to corroborate higher accuracy of identification across tasks. Individuals from individualistic cultures were found to focus more on central details than those from collectivistic cultures. Additionally, eyewitness memory accuracy can be assessed by the response time of witnesses, which is another powerful indicator of eyewitness memory accuracy besides confidence. The difference in eyewitness memory accuracy between lab studies and reality is a gap in this field. It is recommended to use the two one-sided tests (TOST) to show that there is no statistical association between suspect identification accuracy and memory strength to minimise the gap. This review analysed several factors impacting eyewitness memory accuracy and provided insights into how the lab studies can be applied to the real world.

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Σαγανά, Άννα, and Melanie Sauerland. "Αναγνώριση σημαίνει ενοχή; Mια ανασκόπηση των παραγόντων επιρροής της επίδοσης των αυτοπτών μαρτύρων." Psychology: the Journal of the Hellenic Psychological Society 19, no. 1 (October 15, 2020): 63. http://dx.doi.org/10.12681/psy_hps.23608.

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Eyewitness identification stands as one of the core aspects of the judicial system. However, when it comes to identifying faces, people often make mistakes. Thus, it should not come as a surprise that eyewitness identification has been shown to be the number one factor of wrongful convictions (www.innoccenceproject.org). Therefore it is importantto understand the reasons that make eyewitnesses so error prone and investigate how we could enhance their performance. In the present article we examine the factors that have an impact on eyewitnessidentification performance. More specifically, we will refer to those variables over which the research community has reached consensus. These include estimator and system variables as well as postdictors,which are variables capable to diagnose the identification accuracy once it has taken place. In doing so we aim to reveal those parameters that are based on a sturdy research base, but have notwithstanding beenneglected by the Greek judicial system. We suggest a number of alterations and improvements, based on this research basis that can improve identification performance.

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Dodson, Chad S., Brandon L. Garrett, Karen Kafadar, and Joanne Yaffe. "Eyewitness Identification Speed: Slow Identifications From Highly Confident Eyewitnesses Hurt Perceptions of Their Testimony." Journal of Applied Research in Memory and Cognition 10, no. 2 (June 2021): 259–67. http://dx.doi.org/10.1016/j.jarmac.2020.08.015.

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Lee, Jae-Kyu, Gi-Eun Lee, Renan Benigno Saraiva p, Robert A. Nash p, Lorraine Hope p, and Jang-Han Lee. "Validation of Korean Version of Eyewitness Metamemory Scale." Korean Data Analysis Society 26, no. 2 (April 30, 2024): 707–23. http://dx.doi.org/10.37727/jkdas.2024.26.2.707.

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This study validated the Eyewitness Metamemory Scale, developed for the specific context of eyewitness identification, under Korean conditions. Data from 362 participants between the ages of 19 and 60 were subjected to item analysis, factor analysis, convergent and discriminant validity and reliability using the original 35 items. After extraction, 25 items were retained, 10 items were removed and 3 new items were added. Factor analysis confirmed the three-factor structure of the Korean version, which reflected the original scale and achieved a reasonable model fit. Adequate convergent and discriminant validity, as well as internal consistency, supported the reliability and validity of the Korean Eyewitness Metamemory Scale. These findings confirm the utility of the Korean Eyewitness Metamemory Scale as a tool to aid legal decision-making in the Korean criminal identification process and provide a basis for cross-cultural metamemory research in the context of eyewitness identification.

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Torry, Zachary D., and Stephen B. Billick. "Review of: Evaluating Eyewitness Identification." Journal of Forensic Sciences 55, no. 5 (April 28, 2010): 1403–4. http://dx.doi.org/10.1111/j.1556-4029.2010.01479.x.

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Lindsay, Rod C. L., and Joanna D. Pozzulo. "Sources of Eyewitness Identification Error." International Journal of Law and Psychiatry 22, no. 3-4 (May 1999): 347–60. http://dx.doi.org/10.1016/s0160-2527(99)00014-x.

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32

Roberts, Andrew. "Eyewitness Identification and Expert Insight:RvForbes." International Journal of Evidence & Proof 14, no. 1 (January 2010): 57–62. http://dx.doi.org/10.1350/ijep.2010.14.1.340.

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33

Hobson, Zoe J., and Rachel Wilcock. "Eyewitness Identification of Multiple Perpetrators." International Journal of Police Science & Management 13, no. 4 (December 2011): 286–96. http://dx.doi.org/10.1350/ijps.2011.13.4.253.

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34

Foster, Rachel Ann, Terry M. Libkuman, Jonathan W. Schooler, and Elizabeth F. Loftus. "Consequentiality and eyewitness person identification." Applied Cognitive Psychology 8, no. 2 (April 1994): 107–21. http://dx.doi.org/10.1002/acp.2350080203.

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35

Pike, Graham, Catriona Havard, Gini Harrison, and Hayley Ness. "Eyewitness identification procedures: Do researchers and practitioners share the same goals?" International Journal of Police Science & Management 23, no. 1 (March 2021): 17–28. http://dx.doi.org/10.1177/14613557211004625.

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Research has undoubtedly led to a number of important changes to the way police obtain eyewitness identification evidence in a number of countries. However, despite these successes and the significant effort made by researchers to communicate key findings to public agencies, policy-makers and influential law enforcement personnel using a broad range of evidence, relevant policy and practice have either been very slow to respond or have not changed to incorporate the suggestions at all. In this article we employed an online survey to explore the knowledge and opinions of front-line policing practitioners in the UK regarding eyewitness research and practice. This was undertaken to determine how familiar less-senior, operational staff were with key research findings, what their opinions of current practice were and crucially, their views on how identification procedures should be improved compared with the recommendations made by researchers. The results revealed a fundamental mismatch between research and practice, with practitioners indicating a need to increase the rate of positive identifications and research tending to focus on methods of reducing false identifications. This result suggests that an approach driven by the need for the police to produce convictions may be an important factor that is blocking the translation of eyewitness identification research into practice.

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36

Or, Charles C. F., Denise Y. Lim, Siyuan Chen, and Alan L. F. Lee. "Face Recognition Under Adverse Viewing Conditions: Implications for Eyewitness Testimony." Policy Insights from the Behavioral and Brain Sciences 10, no. 2 (October 2023): 264–71. http://dx.doi.org/10.1177/23727322231194458.

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Eyewitness testimony forms an important component in deciding whether a case can be prosecuted. Yet, many criminal perpetrators deliberately conceal their faces with disguises or under dim lighting, undermining eyewitness accuracy. This article reviews recent studies to characterize the factors that impair face recognition performance, specifically, various forms of face disguise (e.g., face masks, sunglasses) and different lighting conditions. Research shows that identification accuracy, alongside eyewitness confidence and decision bias, all affect the reliability of eyewitness accounts. A consistent finding across studies is that face-identification accuracy can be improved by matching the viewing conditions during the police lineup with those during the crime (e.g., showing masked faces during the lineup should the perpetrator be masked). Current face recognition research provides specific recommendations for optimizing the procedures in eyewitness testimony.

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Palu, Annegrete, and Anneli Soo. "From Tradition to Evidence: Rethinking the Law on Eyewitness Identification in Estonia." Juridica International 32 (December 13, 2023): 87–106. http://dx.doi.org/10.12697/ji.2023.32.08.

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Eyewitness identification is a procedural act that is influenced by various psychological factors. Scientific research has demonstrated that the way identification procedures are conducted and administered affects witnesses’ identification decisions and their confidence in those decisions. Research into these variables has also led to best-practice guidelines for conducting eyewitness identification. However, the legal system in Estonia, as have those in many other places, has been slow to adopt the recommendations and has adhered to traditional principles instead, which is reflected in the law on eyewitness identification. This article analyses whether Estonia's law governing eyewitness identification is consistent with evidence-based recommendations. It first presents an overview of variables related to the reliability of identification evidence over which the criminal-justice system has control, and then compares the most important findings from scientific literature (and the resulting best practices) with the current law. Finally, it highlights specific areas of law wherein adjustments could produce better alignment with the findings from scientific research. The authors conclude that the law today, leaving many decisions up to law-enforcement entities, displays a need for additional official guidelines. The article highlights the importance of using scientific research to inform legal practices.

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Ternes, Marguerite, and John C. Yuille. "Eyewitness Memory and Eyewitness Identification Performance in Adults with Intellectual Disabilities." Journal of Applied Research in Intellectual Disabilities 21, no. 6 (November 2008): 519–31. http://dx.doi.org/10.1111/j.1468-3148.2008.00425.x.

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Carlson, Maria, Curt Carlson, and Corinne Fitzsimmons. "0058 The sleepy eyewitness: Self-reported sleep predicts eyewitness memory." SLEEP 46, Supplement_1 (May 1, 2023): A27—A28. http://dx.doi.org/10.1093/sleep/zsad077.0058.

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Abstract Introduction Sleep is critical for memory, but research indicates that eyewitness identification may be an exception. We conducted three experiments to assess the effect of self-reported sleep duration and quality, and current sleepiness on eyewitness recall for a mock crime and suspect identification. Experiments 1 and 2 looked at pre-encoding sleep on lineups and showups, respectively. Experiment 3 investigated lineups across two days to assess retrieval effects. Methods Participants viewed a mock crime video then answered sleep questions as well as central and peripheral recall questions over the crime. Participants were then randomly assigned to view a fair 6-person target-present (TP) or target-absent (TA) lineup for experiments 1 and 3, or a TP or TA showup for experiment 2. In experiment 3, the recall questions and lineups occurred on day 2, but the sleep questions were asked both days. Decision confidence was provided after the identification procedure. Results Sleep quality predicted central recall for experiment 1 [F(1, 3834)=12.96, p<.001] whereas sleep quantity predicted central recall for experiment 2, F(1, 2712)=36.22, p< .001. Choosing rate for pre-encoding sleep was higher for low quality [X2(1)=29.10, p<.001] and low duration [X2(1)=20.15, p<.001], but false IDs were lower for high duration [X2(1)=29.76, p<.001] and high quality, X2(1)=35.47, p<.001. High quality self-reported sleep increased discriminability for lineups, G=2.14, p=.016. False IDs for showups were lower for high duration [X2(1)=5.27, p=.024] and all three sleep questions predicted discriminability for showups: more sleep (G=2.85, p=.002), better sleep (G=2.60, p=.005), and less sleepiness, G=2.44, p=.007. Showups had greater accuracy (p=.038) and a stronger confidence-accuracy relationship (p<.001) for the average of the “good sleep” conditions than the average of the three “bad sleep” conditions, p=.022. In experiment 3, involving post-encoding self-reported sleep, there were still effects on recall but minimal effects on eyewitness identification (and no effects on discriminability). Conclusion Self-reported sleep for the night prior to the crime could be an important individual difference variable for eyewitness memory, affecting encoding more than post-encoding processes. Support (if any) This project was supported by Grant 2018-R2-CX-0027 awarded by the National Institute of Justice, Office of Justice Programs, and U.S. Department of Justice.

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Clark, S. E., and R. D. Godfrey. "Eyewitness identification evidence and innocence risk." Psychonomic Bulletin & Review 16, no. 1 (February 1, 2009): 22–42. http://dx.doi.org/10.3758/pbr.16.1.22.

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Fazlić, Adnan, Irma Deljkić, and Ray Bull. "Gender Effects Regarding Eyewitness Identification Performance." Kriminalističke teme 20, no. 5 (2020): 31–42. http://dx.doi.org/10.51235/kt.2020.20.5.31.

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Devenport, Jennifer L., Steven D. Penrod, and Brian L. Cutler. "Eyewitness identification evidence: Evaluation commonsense evaluations." Psychology, Public Policy, and Law 3, no. 2-3 (June 1997): 338–61. http://dx.doi.org/10.1037/1076-8971.3.2-3.338.

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Spinney, Laura. "Eyewitness identification: Line-ups on trial." Nature 453, no. 7194 (May 2008): 442–44. http://dx.doi.org/10.1038/453442a.

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Bruer, Kaila C., Madison B. Harvey, Alyssa S. Adams, and Heather L. Price. "Judicial discussion of eyewitness identification evidence." Canadian Journal of Behavioural Science / Revue canadienne des sciences du comportement 49, no. 4 (October 2017): 209–20. http://dx.doi.org/10.1037/cbs0000084.

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Andersen, Shannon M., Curt A. Carlson, Maria A. Carlson, and Scott D. Gronlund. "Individual differences predict eyewitness identification performance." Personality and Individual Differences 60 (April 2014): 36–40. http://dx.doi.org/10.1016/j.paid.2013.12.011.

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Kassin, Saul M. "Eyewitness identification procedures: The fifth rule." Law and Human Behavior 22, no. 6 (1998): 649–53. http://dx.doi.org/10.1023/a:1025702722645.

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Lampinen, James Michael. "ROC analyses in eyewitness identification research." Journal of Applied Research in Memory and Cognition 5, no. 1 (March 2016): 21–33. http://dx.doi.org/10.1016/j.jarmac.2015.08.006.

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Moreland, Molly B., and Steven E. Clark. "Eyewitness Identification: Research, Reform, and Reversal." Journal of Applied Research in Memory and Cognition 5, no. 3 (September 2016): 277–83. http://dx.doi.org/10.1016/j.jarmac.2016.07.011.

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Cutler, Brian L., Steven D. Penrod, and Hedy Red Dexter. "Juror sensitivity to eyewitness identification evidence." Law and Human Behavior 14, no. 2 (1990): 185–91. http://dx.doi.org/10.1007/bf01062972.

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Maass, Anne, and Günther Köhnken. "Eyewitness identification: Simulating the "weapon effect."." Law and Human Behavior 13, no. 4 (1989): 397–408. http://dx.doi.org/10.1007/bf01056411.

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