Adult Eyewitness Testimony

Investigates the factors that influence the accuracy of eyewitness testimony.

The consideration of witness testimony had traditionally been a task left to fact-finders with scant guidance from legal professionals. As a result, various practices have developed during the investigative and trial process which can obscure or even eradicate critical material. Miscarriages of justice will continue to occur, so long as those working within the justice system continue to accept witnesses and their testimony at face value. This book aims to make practitioners, as well as the fact-finders and those who guide them, aware of a wide range of perspectives on witness testimony. Each contributor identifies bad practice and puts forward ideas for improvement or removal of previously acceptable investigative and forensic methods.

Eyewitnesses play an important role in criminal cases when they can identify culprits. Estimates suggest that tens of thousands of eyewitnesses make identifications in criminal investigations each year. Research on factors that affect the accuracy of eyewitness identification procedures has given us an increasingly clear picture of how identifications are made, and more importantly, an improved understanding of the principled limits on vision and memory that can lead to failure of identification. Factors such as viewing conditions, duress, elevated emotions, and biases influence the visual perception experience. Perceptual experiences are stored by a system of memory that is highly malleable and continuously evolving, neither retaining nor divulging content in an informational vacuum. As such, the fidelity of our memories to actual events may be compromised by many factors at all stages of processing, from encoding to storage and retrieval. Unknown to the individual, memories are forgotten, reconstructed, updated, and distorted. Complicating the process further, policies governing law enforcement procedures for conducting and recording identifications are not standard, and policies and practices to address the issue of misidentification vary widely. These limitations can produce mistaken identifications with significant consequences. What can we do to make certain that eyewitness identification convicts the guilty and exonerates the innocent? Identifying the Culprit makes the case that better data collection and research on eyewitness identification, new law enforcement training protocols, standardized procedures for administering line-ups, and improvements in the handling of eyewitness identification in court can increase the chances that accurate identifications are made. This report explains the science that has emerged during the past 30 years on eyewitness identifications and identifies best practices in eyewitness procedures for the law enforcement community and in the presentation of eyewitness evidence in the courtroom. In order to continue the advancement of eyewitness identification research, the report recommends a focused research agenda. Identifying the Culprit will be an essential resource to assist the law enforcement and legal communities as they seek to understand the value and the limitations of eyewitness identification and make improvements to procedures.

Perspectives on Children's Testimony presents current empirical research on the factors which influence adults' perceptions of the child witness. This volume provides researchers in both the psychological and the criminal justice communities with knowledge about adult beliefs regarding child witnesses, how these beliefs may influence jury verdicts, and the relationship of these perceptions to the credibility and accuracy of children's testimony. A variety of new techniques are employed in assessing adult views of child witnesses. Special features of the volume include: an in-depth treatment of techniques of interviewing child victims of sexual abuse, an examination of children's perceptions and knowledge of the legal system, and critical and theoretical integrations of the original, empirical papers.

The majority of research on eyewitness memory has traditionally studied children and young adults. By contrast, this volume is designed to provide an overview of empirical research on the cognitive, social, and health related factors that impact the accuracy of eyewitness testimony given by the elderly. The book takes a lifespan developmental perspective that incorporates research on witnesses of all ages, but uses the findings to focus on issues unique to the elderly. This includes research on recognition memory with lineup identifications and recall memory that occurs when an elderly witness is asked to describe an event in court. The Elderly Eyewitness also examines jurors’ reactions to the testimony of an elderly witness, and the legal and social policy issues that emerge when the elderly witness participate in legal proceedings. While reviewing what is known about the elderly witness, the book also provides a direction for future research into this new frontier of scientific inquiry. Its audience spans researchers in cognitive and developmental psychology, and professionals working in the growing area of psychology and law.

When approached by Plenum to put together a volume of social science research on the topic of "youth and justice," I found the interdisciplinary challenge of such a project intriguing. Having spent 2 years as Director of the Law and Social Science Program at the National Science Foundation, I was well aware of the rich diversity of research that could fit within that topic. I also knew that excellent research on youth and justice was coming from different communities of researchers who often were isolated from each other in their respective disciplines as psychologists, sociologists, criminologists, or policy analysts. I saw this project as an opportunity to break down some of this isolation by introducing these researchers-and their work-to each other and to the broader community of social scientists interested in law and justice. There was another gap, or set of gaps, to be bridged as well. The juvenile justice system and the criminal justice system differ in significant ways, and the civil justice system, which is a major venue for issues of youth and justice, is yet another separate world. Few researchers are likely to know the whole picture. For example, a focus on juvenile justice often ignores the extent to which civil justice proceedings shape the lives of young people through divorce, custody, adoption, family preservation policies, and other actions (and vice versa).

Examines traditional safeguards against mistaken eyewitness identification.