Expert Testimony On The Psychology Of Eyewitness Identification

Eyewitness testimony is highly compelling in a criminal trial, and can have an indelible impact on jurors. However, two decades of research on the subject have shown us that eyewitnesses are sometimes wrong, even when they are highly confident that they are making correct identifications. This book brings together an impressive group of researchers and practicing attorneys to provide current overviews and critiques of key topics in eyewitness testimony.

This volume provides a tutorial review and evaluation of scientific research on the accuracy and reliability of eyewitness identification. The book starts with the perspective that there are a variety of conceptual and empirical problems with eyewitness identification as a form of forensic evidence, just as there are a variety of problems with other forms of forensic evidence. There is then an examination of the important results in the study of eyewitness memory and the implications of this research for psychological theory and for social and legal policy. The volume takes the perspective that research on eyewitness identification can be seen as the paradigmatic example of how psychological science can be successfully applied to real-world problems.

Examines traditional safeguards against mistaken eyewitness identification.

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.

The Handbook of Eyewitness Psychology presents a survey of research and legal opinions from international experts on the rapidly expanding scientific literature addressing the accuracy and limitations of eyewitnesses as a source of evidence for the courts. For the first time, extensive reviews of factors influencing witnesses of all ages – children, adults, and the elderly – are compiled in a single pair of volumes. The disparate research currently being conducted in eyewitness memory in psychology, criminal justice, and legal studies is coherently presented in this work. Volume 1 covers memory for events. Volume 2 cover memory for people.

This volume deals with the issues involved in evaluating eyewitness testimony. In making recommendations for best practice, authors consider empirical support, legal relevance, and consistency with ethical and professional standards.

By shedding light on the many factors that can intervene and create inaccurate testimony, Elizabeth Loftus illustrates how memory can be radically altered by the way an eyewitness is questioned, and how new memories can be implanted and old ones changed in subtle ways.