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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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Wixted, John T., Laura Mickes, and Ronald P. Fisher. "Rethinking the Reliability of Eyewitness Memory." Perspectives on Psychological Science 13, no. 3 (May 2018): 324–35. http://dx.doi.org/10.1177/1745691617734878.

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Although certain pockets within the broad field of academic psychology have come to appreciate that eyewitness memory is more reliable than was once believed, the prevailing view, by far, is that eyewitness memory is unreliable—a blanket assessment that increasingly pervades the legal system. On the surface, this verdict seems unavoidable: Research convincingly shows that memory is malleable, and eyewitness misidentifications are known to have played a role in most of the DNA exonerations of the innocent. However, we argue here that, like DNA evidence and other kinds of scientifically validated forensic evidence, eyewitness memory is reliable if it is not contaminated and if proper testing procedures are used. This conclusion applies to eyewitness memory broadly conceived, whether the test involves recognition (from a police lineup) or recall (during a police interview). From this perspective, eyewitness memory has been wrongfully convicted of mistakes that are better construed as having been committed by other actors in the legal system, not by the eyewitnesses themselves. Eyewitnesses typically provide reliable evidence on an initial, uncontaminated memory test, and this is true even for most of the wrongful convictions that were later reversed by DNA evidence.
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Harding, Sue-Ann Jane. "Translating eyewitness accounts." Translation and the Genealogy of Conflict 11, no. 2 (June 8, 2012): 229–49. http://dx.doi.org/10.1075/jlp.11.2.04har.

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This paper uses concepts from socio-narrative theory, particularly the notions of ‘narrator’ and ‘temporary narrator’, and a revised typology of narrative to examine how eyewitness accounts of the Beslan hostage-taking were incorporated into some of the news narratives constructed in response to the event. Using online articles published in both Russian and English by three different websites, the study considers the few eyewitnesses who are selected to narrate, and ways in which each website controls the sometimes contradictory, multivalent narratives of its eyewitnesses so that they reinforce, rather than challenge or undermine, its overall narrative position. It also considers the impact of translation on these processes and concludes that in translation, the contribution of these eyewitness accounts is further diminished and even removed altogether.
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4

Berkowitz, Shari R., and Steven J. Frenda. "Rethinking the Confident Eyewitness: A Reply to Wixted, Mickes, and Fisher." Perspectives on Psychological Science 13, no. 3 (May 2018): 336–38. http://dx.doi.org/10.1177/1745691617751883.

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In the current issue, Wixted, Mickes, and Fisher make the claim that eyewitness memory is not inherently unreliable. They also describe specific conditions under which an eyewitness’s confidence can be a reliable indicator of accuracy in the context of both recall and recognition. We argue, however, that calculating the probative value of eyewitness evidence is more complicated than the authors acknowledge. In this commentary, we raise several concerns about the collection and assessment of eyewitness confidence in the real world. We also discuss how frequently the conditions specified by Wixted et al. are met in real cases. The potential for memory contamination is commonplace and can likely be outside the control of investigators. Moreover, there is reason to doubt that legal decision makers are sensitive to the myriad ways that eyewitness memory can be influenced. Because of this, we think eyewitness-memory scientists would do well to further research the intricacies of eyewitness confidence in the real world.
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5

Bauckham, Richard. "In Response to My Respondents: Jesus and the Eyewitnesses in Review." Journal for the Study of the Historical Jesus 6, no. 2 (2008): 225–53. http://dx.doi.org/10.1163/174551908x349707.

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AbstractThis response replies individually to each of the responses by Samuel yrskog, David Catchpole, Howard Marshall, Stephen Patterson and Theodore Weeden who have written reviews of Jesus and the Eyewitnesses: The Gospels as Eyewitness Testimony. Important issues discussed include: names as indications of eyewitness sources, variations between the Gospels, the identity of the Beloved Disciple, models of oral tradition, and Mark as a Petrine Gospel.
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6

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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7

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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8

Puddifoot, Katherine. "RE-EVALUATING THE CREDIBILITY OF EYEWITNESS TESTIMONY: THE MISINFORMATION EFFECT AND THE OVERCRITICAL JUROR." Episteme 17, no. 2 (December 26, 2018): 255–79. http://dx.doi.org/10.1017/epi.2018.42.

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ABSTRACTEyewitnesses are susceptible to recollecting that they experienced an event in a way that is consistent with false information provided to them after the event. The effect is commonly called the misinformation effect. Because jurors tend to find eyewitness testimony compelling and persuasive, it is argued that jurors are likely to give inappropriate credence to eyewitness testimony, judging it to be reliable when it is not. It is argued that jurors should be informed about psychological findings on the misinformation effect, to ensure that they lower the credence that they give to eyewitness testimony to reflect the unreliability of human memory that is demonstrated by the effect. Here I present a new argument, the overcritical juror argument, to support the conclusion that eyewitnesses are likely to make inappropriate credence assignments to eyewitness testimony. Whereas previously authors have argued that jurors will tend to give too much credence to eyewitness testimony, I identify circumstances in which jurors will give too little credence to some pieces of testimony. In my view jurors should be informed by psychological findings relating to the misinformation effect to ensure that they do not lower the credence that they give to eyewitness testimony when they should not.
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9

Abdul Ghani, Kartini, and Lau Choon Ning. "Does Talking about Emotion Help Eyewitness Memory? The Role of Emotional and Factual Retelling in Memory Accuracy." Journal of Cognitive Sciences and Human Development 1, no. 2 (March 1, 2016): 1–10. http://dx.doi.org/10.33736/jcshd.193.2016.

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Eyewitnesses typically talk about the traumatic events that they have experienced based on their memory. This research aimed to investigate differences between emotional and factual retelling of eyewitness in terms of memory accuracy and error. Participants watched a traumatic robbery video and were instructed to recall the events in detail. Participants were divided into three retelling conditions where they: a) discussed the robbery in a factual way, b) focused on discussing their emotional response, and c) performed unrelated tasks. Results showed that eyewitnesses who talked about their emotion recalled less detailed memories and made more errors in free recall while eyewitnesses who focused on factual detail seem to be able to maintain their memory accuracy of the event.Keywords: eyewitness memory; emotional retelling; factual retelling; memory accuracy; memory error
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10

Wade, Kimberley A., Robert A. Nash, and D. Stephen Lindsay. "Reasons to Doubt the Reliability of Eyewitness Memory: Commentary on Wixted, Mickes, and Fisher (2018)." Perspectives on Psychological Science 13, no. 3 (May 2018): 339–42. http://dx.doi.org/10.1177/1745691618758261.

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Wixted, Mickes, and Fisher (this issue) take issue with the common trope that eyewitness memory is inherently unreliable. They draw on a large body of mock-crime research and a small number of field studies, which indicate that high-confidence eyewitness reports are usually accurate, at least when memory is uncontaminated and suitable interviewing procedures are used. We agree with the thrust of Wixted et al.’s argument and welcome their invitation to confront the mass underselling of eyewitnesses’ potential reliability. Nevertheless, we argue that there is a comparable risk of overselling eyewitnesses’ reliability. Wixted et al.’s reasoning implies that near-pristine conditions or uncontaminated memories are normative, but there are at least two good reasons to doubt this. First, psychological science does not yet offer a good understanding of how often and when eyewitness interviews might deviate from best practice in ways that compromise the accuracy of witnesses’ reports. Second, witnesses may frequently be exposed to preinterview influences that could corrupt reports obtained in best-practice interviews.
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11

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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12

Frumkin, Lara. "impact of British accents on perceptions of eyewitness statements." Journal of Language and Discrimination 4, no. 1 (May 6, 2020): 119–38. http://dx.doi.org/10.1558/jld.39368.

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The current study looked at the impact of British regional accents on evaluations of eyewitness testimony in criminal trials. Ninety participants were randomly presented with one of three video recordings of eyewitness testimony manipulated to be representative of Received Pronunciation (RP), Multicultural London English (MLE) or Birmingham accents. The impact of the accent was measured through eyewitness (a) accuracy, (b) credibility, (c) deception, (d) prestige, and (e) trial outcome (defendant guilt and sentence). RP was rated more favourably than MLE on accuracy, credibility and prestige. Accuracy and prestige were significant with RP rated more highly than a Birmingham accent. RP appears to be viewed more favourably than the MLE and Birmingham accents although the witness’s accents did not affect ratings of defendant guilt. Taken together, these findings show a preference for eyewitnesses to have RP speech over some regional accents.
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13

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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14

Blom, Robin, and Kuo-Ting Huang. "Eyewitness memory contamination through misleading questions by reporters." Newspaper Research Journal 42, no. 3 (July 28, 2021): 346–63. http://dx.doi.org/10.1177/07395329211030628.

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A series of three studies examined how misleading questions and misinformation in a news article resulted in eyewitnesses remembering they saw a weapon that was actually not visible during a robbery. Some participants even provided a description of the weapon, though the weapon type depended on whether the news story depicted the alleged weapon as a gun or a knife. Hence, reporters can influence eyewitness memories with misleading questions and false memories of other eyewitnesses.
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15

KÖSTENBERGER, ANDREAS J., and STEPHEN O. STOUT. ""The Disciple Jesus Loved": Witness, Author, Apostle — A Response to Richard Bauckham's Jesus and the Eyewitnesses." Bulletin for Biblical Research 18, no. 2 (January 1, 2008): 209–31. http://dx.doi.org/10.2307/26423844.

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Abstract Richard Bauckham's Jesus and the Eyewitnesses: The Gospels as Eyewitness Testimony (Grand Rapids: Eerdmans, 2006) makes a persuasive argument that the Gospels display eyewitness testimony and thus renews the quest for the identity of the Beloved Disciple as the author of the Fourth Gospel. While Bauckham attributes this Gospel to "the presbyter John" mentioned by Papias, the authors of this study show that the patristic evidence more likely seems to support the authorship of John the apostle and that the literary device of inclusio in the Fourth Gospel, astutely observed by Bauckham, also favors the authorship of John the son of Zebedee.
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KÖSTENBERGER, ANDREAS J., and STEPHEN O. STOUT. ""The Disciple Jesus Loved": Witness, Author, Apostle — A Response to Richard Bauckham's Jesus and the Eyewitnesses." Bulletin for Biblical Research 18, no. 2 (January 1, 2008): 209–31. http://dx.doi.org/10.2307/bullbiblrese.18.2.0209.

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Abstract Richard Bauckham's Jesus and the Eyewitnesses: The Gospels as Eyewitness Testimony (Grand Rapids: Eerdmans, 2006) makes a persuasive argument that the Gospels display eyewitness testimony and thus renews the quest for the identity of the Beloved Disciple as the author of the Fourth Gospel. While Bauckham attributes this Gospel to "the presbyter John" mentioned by Papias, the authors of this study show that the patristic evidence more likely seems to support the authorship of John the apostle and that the literary device of inclusio in the Fourth Gospel, astutely observed by Bauckham, also favors the authorship of John the son of Zebedee.
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17

Watson, Roland. "Reply to Champagne's Comments on "Empirical Analysis of the Hugh Gray 'Nessie' Photograph"." Journal of Scientific Exploration 36, no. 4 (February 11, 2023): 828–29. http://dx.doi.org/10.31275/20222803.

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The matter of Hugh Gray stating he saw no head versus what others see in his photograph is indeed a conflict requiring resolution. The simple solution is to discount all but Gray’s words as flawed. But this makes the assumption that eyewitnesses always perfectly describe what they see. Normally the imperfections of human observation and recall is used to reject all eyewitness testimony as inadmissible as evidence. But what I propose is that one can be an eyewitness to a large creature but still describe it imperfectly. Indeed, it should be the default position that every account has some degree of inaccuracy.
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18

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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19

Haridas, Rajesh P. "“Gentlemen! This Is No Humbug”." Anesthesiology 124, no. 3 (March 1, 2016): 553–60. http://dx.doi.org/10.1097/aln.0000000000000944.

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Abstract The proclamation, “Gentlemen! this is no humbug,” attributed to John Collins Warren, M.D., was not identified in any contemporaneous eyewitness report of William T. G. Morton’s October 16, 1846, demonstration of ether at Massachusetts General Hospital. The earliest known documentation of the proclamation is in Nathan P. Rice’s biography of Morton, first published in 1859. Only three eyewitnesses, Washington Ayer, M.D., Robert Thompson Davis, M.D., and Isaac Francis Galloupe, M.D., reported Warren’s alleged proclamation. However, their accounts first appeared in 1896, 50 yr after Morton’s demonstration of etherization. Although Warren’s alleged proclamation appears plausible, the overall impression from eyewitness statements and publications relating to the October 16, 1846, demonstration of etherization is that it may not have been made.
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C, S. "EYEWITNESS." Nursing 15, no. 11 (November 1985): 13–17. http://dx.doi.org/10.1097/00152193-198511000-00004.

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Petrushevskaya, Ludmilla. "Eyewitness." World Policy Journal 27, no. 1 (2010): 16–20. http://dx.doi.org/10.1162/wopj.2010.27.1.16.

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22

SUHRKE, ASTRI. "EYEWITNESS." Journal of International Peacekeeping 5, no. 2 (1998): iii—18. http://dx.doi.org/10.1163/187541198x00015.

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CADDICK-ADAMS, PETER. "EYEWITNESS." Journal of International Peacekeeping 5, no. 3 (1998): 142–54. http://dx.doi.org/10.1163/187541198x00303.

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GRASSI, STEFANO. "EYEWITNESS." Journal of International Peacekeeping 5, no. 1 (1998): 110–15. http://dx.doi.org/10.1163/187541198x00439.

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25

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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Loftus, Elizabeth F. "Eyewitness Science and the Legal System." Annual Review of Law and Social Science 14, no. 1 (October 13, 2018): 1–10. http://dx.doi.org/10.1146/annurev-lawsocsci-101317-030850.

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For more than four decades, I have been studying the malleable nature of human memory. For most of this time period, I have also played a role as a consultant or expert in many legal cases that hinged on eyewitness testimony or other memory evidence. Here I describe some of the science that reveals how error prone eyewitnesses can be. Getting the legal field to recognize potential problems with memory evidence, and taking steps to solve those problems, has been a continuing struggle. It is a success story worth sharing.
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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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Keener, Craig S. "Jesus and the Eyewitnesses: The Gospels as Eyewitness Testimony." Bulletin for Biblical Research 19, no. 1 (January 1, 2009): 130–32. http://dx.doi.org/10.2307/26423825.

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Keener, Craig S. "Jesus and the Eyewitnesses: The Gospels as Eyewitness Testimony." Bulletin for Biblical Research 19, no. 1 (January 1, 2009): 130–32. http://dx.doi.org/10.2307/bullbiblrese.19.1.0130.

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30

Marchessault, Janine, and Haidee Wasson. "Eyewitness History." Convergence: The International Journal of Research into New Media Technologies 4, no. 3 (September 1998): 17–23. http://dx.doi.org/10.1177/135485659800400303.

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31

Hiltermann, Joost. "Eyewitness Iraq." Middle East Report, no. 171 (July 1991): 8. http://dx.doi.org/10.2307/3013068.

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32

Lindsay, D. Stephen. "Eyewitness Suggestibility." Current Directions in Psychological Science 2, no. 3 (June 1993): 86–89. http://dx.doi.org/10.1111/1467-8721.ep10770942.

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33

Wells, Gary L., and Elizabeth A. Olson. "Eyewitness Testimony." Annual Review of Psychology 54, no. 1 (February 2003): 277–95. http://dx.doi.org/10.1146/annurev.psych.54.101601.145028.

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34

Wells, Gary L., Amina Memon, and Steven D. Penrod. "Eyewitness Evidence." Psychological Science in the Public Interest 7, no. 2 (November 2006): 45–75. http://dx.doi.org/10.1111/j.1529-1006.2006.00027.x.

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35

Laudan, Larry. "Eyewitness Identifications." Perspectives on Psychological Science 7, no. 3 (May 2012): 272–74. http://dx.doi.org/10.1177/1745691612443065.

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36

Penrod, Steven D. "Eyewitness Errors:." Proceedings of the Annual Convention of the Japanese Psychological Association 71 (September 18, 2007): SL05. http://dx.doi.org/10.4992/pacjpa.71.0_sl05.

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37

Dutton, Anna, and Marie Carroll. "Eyewitness testimony." Australian Journal of Psychology 53, no. 2 (August 2001): 83–91. http://dx.doi.org/10.1080/00049530108255128.

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38

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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39

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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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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Spanos, Nicholas P., Bryan Myers, Susan C. Dubreuil, and Anne E. Pawlak. "The Effects of Polygraph Evidence and Eyewitness Testimony on the Beliefs and Decisions of Mock Jurors." Imagination, Cognition and Personality 12, no. 2 (October 1992): 103–13. http://dx.doi.org/10.2190/1ab2-3wlx-bfy1-8ycp.

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Mock jurors heard one of four versions of a murder trial and then deliberated in small groups to a verdict. Half the juries heard a trial in which an eyewitness identified the defendant as the murderer and half heard a trial in which a polygraph expert testified that the defendant responded deceptively when denying the crime. These two factors were completely crossed in a 2 × 2 (eyewitness/no eyewitness x polygraph/no polygraph) design. Jurors exposed to the eyewitness testimony believed more strongly in the defendant's guilt and voted guilty more frequently than did those not exposed to eyewitness testimony. Eyewitness testimony also enhanced the degree to which jurors believed that other pieces of evidence indicated that the defendant was guilty. Polygraph evidence exerted no significant effects either on jurors' beliefs or on their verdicts.
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Wixted, John T., Laura Mickes, and Ronald P. Fisher. "In the DNA Exoneration Cases, Eyewitness Memory Was Not the Problem: A Reply to Berkowitz and Frenda (2018) and Wade, Nash, and Lindsay (2018)." Perspectives on Psychological Science 13, no. 3 (May 2018): 343–45. http://dx.doi.org/10.1177/1745691618769859.

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The available real-world evidence suggests that, on an initial test, eyewitness memory is often reliable. Ironically, even the DNA exoneration cases—which generally involved nonpristine testing conditions and which are usually construed as an indictment of eyewitness memory—show how reliable an initial test of eyewitness memory can be in the real world. We endorse the use of pristine testing procedures, but their absence does not automatically imply that eyewitness memory is unreliable.
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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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Gross, William David. "The Unfortunate Faith: A Solution to the Unwarranted Reliance Upon Eyewitness Testimony." Texas Wesleyan Law Review 5, no. 2 (March 1999): 307–31. http://dx.doi.org/10.37419/twlr.v5.i2.7.

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The purpose of this Comment is to argue for the mandatory admission of expert testimony on eyewitness testimony in criminal trials with a jury as the finder of fact. Juries have a preference for direct testimonial evidence."8 But, the impact of direct eyewitness testimony is often misleading to jurors. The rule of law allows eyewitness testimony in most cases but does not require expert testimony to illuminate it. 9 This idea requires a change in the Federal Rules of Evidence. The nondiscretionary admission of expert witness testimony will aid the jury when the accuracy of eyewitness testimony is the pivotal proof. Part I chronicles historical mistaken identification cases that exemplify major failures in the criminal justice system. Part II presents the unique reasons why eyewitness testimony creates the need for special expert testimony. Part III analyzes the current state of the law in Texas, allowing admission of expert testimony on the accuracy of eyewitness testimony. Part IV argues for the proposed solution to unreliable eyewitness testimony and the jury's unreasonable dependence upon it. The Conclusion explains why the recommended change in the law is prudent and necessary for the cause of justice.
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Litwa, M. David. "Literary Eyewitnesses: The Appeal to an Eyewitness in John and Contemporaneous Literature." New Testament Studies 64, no. 3 (June 6, 2018): 343–61. http://dx.doi.org/10.1017/s0028688518000073.

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This essay supports the thesis that the Beloved Disciple is a purely literary character employed as a literary device of authentication recognisable during the late first and early second centuries CE. As evidence, three works are thoroughly compared with the Fourth Gospel in regard to their eyewitness appeals: Philostratus’Life of Apollonius of Tyana(a biography), theWonders beyond Thuleby Antonius Diogenes (a historiographical novel) and theDiary of the Trojan War(a revisionary history) attributed to Dictys of Crete. All three works are roughly contemporaneous with the Fourth Gospel and offer important insights into the sophisticated use of an eyewitness as a literary character to guarantee the (spiritual and moral) truth of a narrative.
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Wang, Jianqin, Henry Otgaar, Tom Smeets, Mark L. Howe, Harald Merckelbach, and Chu Zhuo. "Consequences of False Memories in Eyewitness Testimony: A Review and Implications for Chinese Legal Practice." Psychological Research on Urban Society 1, no. 1 (April 18, 2018): 12. http://dx.doi.org/10.7454/proust.v1i1.15.

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False memories can result in severe legal consequences including the imprisonment of innocent people. False memory in eyewitnesses is the largest factor contributing to miscarriages of justice in the United States. To date, no study has focused on how false memories might play a role in the Chinese legal system. The purpose of this review is to summarize the latest findings on false memory and eyewitness testimony in the literature, and to shed some light on how the Chinese legal system may incorporate these experiences into practice. Overall, false memories of eyewitnesses are generated either by external misleading information or by internal cognitive processes; false memories may guide police investigations in the wrong direction or cause eyewitnesses to misidentify an innocent person as the perpetrator. We conclude that specially designed interview protocols such as the Cognitive Interview, warnings given to eyewitnesses, and blind lineup administration may prevent or lower the risk of false memory occurrence.
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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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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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Luna, Karlos, and Malen Migueles. "Acceptance and Confidence of Central and Peripheral Misinformation." Spanish journal of psychology 12, no. 2 (November 2009): 405–13. http://dx.doi.org/10.1017/s1138741600001797.

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We examined the memory for central and peripheral information concerning a crime and the acceptance of false information. We also studied eyewitnesses' confidence in their memory. Participants were shown a video depicting a bank robbery and a questionnaire was used to introduce false central and peripheral information. The next day the participants completed a recognition task in which they rated the confidence of their responses. Performance was better for central information and participants registered more false alarms for peripheral contents. The cognitive system's limited attentional capacity and the greater information capacity of central elements may facilitate processing the more important information. The presentation of misinformation seriously impaired eyewitness memory by prompting a more lenient response criterion. Participants were more confident with central than with peripheral information. Eyewitness memory is easily distorted in peripheral aspects but it is more difficult to make mistakes with central information. However, when false information is introduced, errors in central information can be accompanied by high confidence, thus rendering them credible and legally serious.
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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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