Eyewitness ID and Testimony Flashcards
What makes eyewitness identification problematic?
It relies on memory, which is imperfect and reconstructive.
What is memory?
A neural (electrochemical) representation of an event.
Who was wrongfully convicted in the Jennifer Thompson case?
Ronald Cotton; the real perpetrator was Bobby Poole.
What happened in Arizona v. Chapple?
Eyewitness misidentification led to a conviction later overturned when expert testimony was initially excluded.
What are some general factors that affect eyewitness memory?
Disguises, duration of exposure, expectations, attention.
What is the “weapon focus” effect?
When a weapon draws attention, reducing encoding of other details.
What is the Cross-Race Effect (CRE)?
People are better at identifying individuals of their own race.
Why does CRE occur?
Due to less experience with other races and attention allocation (functional relevance).
What context can reduce the CRE?
Dangerous situations (e.g., angry faces eliminate the CRE).
What is unconscious transference?
Mistaking a familiar face from one context as the perpetrator in another.
What is the misinformation effect?
Suggestive wording can alter memory (e.g., “smashed” vs. “hit”).
What is retrieval-induced forgetting?
Selectively retrieving some details inhibits recall of others.
How can police questioning affect memory?
Leading and repeated questions can distort or change witness recall.
Why is confidence a poor indicator of accuracy?
Confidence can increase due to feedback, not actual memory accuracy.
What are the 5 reliability factors from Neil v. Biggers (1972)?
Opportunity to view the suspect
Degree of attention
Accuracy of prior description
Level of certainty
Time between crime and identification
What did Manson v. Brathwaite (1977) decide?
Suggestive procedures do not automatically make IDs inadmissible if overall considered reliable.
What did Perry v. New Hampshire (2012) reaffirm?
It did not update the Manson criteria.
What did State v. Henderson (2011) (NJ) and State v. Lawson (2012) (OR) establish?
The need for better reliability measures and expert testimony on eyewitness evidence.
What are estimator variables?
Factors outside the legal system’s control (e.g., lighting).
What are system variables?
Factors under the legal system’s control (e.g., lineup procedures).
What is a blind lineup?
Administrator doesn’t know who the suspect is; reduces bias.
What is the purpose of bias-reducing instructions?
Encourages the witness to rely on memory rather than guessing.
What is an unbiased lineup?
The suspect does not stand out among fillers.
What is the value of confidence statements?
Confidence should be recorded at the time of ID, not afterward.
Difference between sequential and simultaneous lineups?
Sequential: view one person at a time.
Simultaneous: all individuals shown at once.
Why are sequential lineups better?
Reduce misidentification by minimizing relative judgments.
What is the role of video recording in eyewitness procedures?
Provides objective record of the process, including instructions and lineup structure.
How does expert testimony help?
Educates jurors about factors affecting reliability of eyewitness IDs.
What is a cognitive interview?
A technique that builds rapport, uses open-ended questions, and recreates the context of the crime.
What are the benefits of a cognitive interview?
Increases information recall by 35%-70%, avoids contaminating memory, does not increase confidence.
