Lec 4/ Ch 5 Flashcards

1
Q

The Origins of Criminal Profiling

  • 1888 Case: Jack the Ripper
  • 1940 Case: NYC’s Mad bomber
  • 1970 The FBI and Dr. Douglas
  • The RCMP’s Violent Crime Linkage Analysis System (ViCLAS)
  • Linkage blindness
A

The Origins of Criminal Profiling

History of criminal profiling

  • Investigative technique for identifying the personality and behavioural characteristics of an individual based on analyses of the crimes he or she commits
    • Mostly used in cases involving violent serial crimes
    • Originally used for narrowing the list of suspects; but now serves additional purposes
      • Help set traps to flush an offender out
      • Determine if threatening communications should be taken seriously
      • Advise on how to interrogate subjects
      • Advise how to break down defendants in cross-examination
  • RCMP uses the term “criminal investigative analysis”
  • Not just from FBI ppl

Early attempts at criminal profiling

  • 1888 Case: Jack the Ripper
    • Series of murders committed at London
    • Victims were all women and mutilated
    • Offender sent a letter to the newspaper and signed it
    • Police surgeon to looked at wounds to see if it provides clues about the offenders’ behavior and personality
    • Jack the Ripper is still not caught
  • 1940 Case: NYC’s Mad bomber
    • Offender began detonating bombs in public places around NY
    • NYPD asked a local forensic psychiatrist – Dr. James Brussel for help
    • Dr. Brussel developed a profile for the offender
      • Middle aged male
      • Suffer from paranoia
      • Pathologically self-centered
      • Reasonably educated
      • Unmarried, maybe a virgin
      • Roman catholic
      • Would wear buttoned-up double breasted suits
    • The offender was arrested and actually wore double breasted suit

The FBI and Dr. Douglas

  • FBI’s behavioral sciences unit developed a criminal profiling program in 1970s
  • Behavioral Sciences Unit in 1972
  • Now called the “Behavioral Research and Instruction Unit”
  • Profiles were produced in a systematic way by law enforcement agency
  • Training was provided on how to construct criminal profiles
  • Similar units have started around the world
  • 1976 – John Douglas began interviewing serial predators across the U.S.
    • The goal was to develop a database that could be used to help law enforcement
    • The killers talked a lot with Dr. Douglas

Investigative psychology

  • David Canter made some of the key advances in criminal profiling since early 1990s
  • He is the founder of investigative psychology
  • Canter was involved in the John Duffy/Railway Rapist rape/murder case
  • Canter was called to provide a profile of the unknown offender
  • He used his knowledge on human behavior from env psych
  • He was successful
  • He made advances in inductive criminal profiling

Box 3.6 The RCMP’s Violent Crime Linkage Analysis System (ViCLAS)

  • RCMP used modern computer tech to develop an automated system for linking serial crimes
  • Violent Crime Linkage Analysis System (ViCLAS) – developed by RCMP to collect and analyse info on serious crimes across Canada
  • Issue police encounter when faced w/ possible crime series is linkage blindness
  • Linkage blindness: police can’t link geographically dispersed serial crimes committed by the same offender due to lack of communication among police agencies
  • ViCLAS was developed to prevent linkage blindness
  • ViCLAS is san electronic form officers fill out, it captures crucial info on serious crime (ex. homicides, sexual assaults, missing persons, non-parental abductions)
  • Qs ask about Offender’s b, victim and available forensic info
  • Info is then entered into a computer and downloaded to a centralized databased to compare w/ other crimes
  • ViCLAS analysts determine if there are possible crime linkages
  • If there is crimes are highlighted as a series and relevant police agencies are notified and asked to share info
  • Some rs qs the reliability of the d at in the system
  • Other rs says ViCLAS is one of the best crime linkage analysis system in the world used by UK, Australia and Germany
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2
Q

2 Methods of criminal profiling

  • Deductive profiling method
    • Issue w/ DPM
  • Inductive profiling method
    • Findings from Aitken et al 1996
    • Issue
    • Organized/disorganized model
      • Organized vs Disorganized b
      • Organized vs disorganized characteristics
      • Canter et al. 2004
        • methods
        • results
  • Investigative psychology approaches to profiling
    • Goodwill et al 2016
      • 3 clusters for victim selection
      • 3 clusters for background characteristics
A

2 methods: Deductive & Inductive profiling method

  • Descriptions of the profiling process are generally vague

Deductive profiling method (SHolmes)

  • Use logic to predict offender’s background based on evidence left at the crime scene by the offender
    • Ex: Victim noticed that offender had short fingernails on R hand; long nails on left; Concluded the offender is a guitar player
  • Issue: the logic arguments can be wrong
    • Offender was not a guitar player, but works to repair old tires

Inductive criminal profiling (John Douglas)

  • Profile offender’s background characteristics by comparing the offender’s crimes w/ similar crimes committed in other solved cases (past cases)
  • Aitken et al 1996
    • Developed stat profile of a child murderer
    • .96 probability that the offender will know the victim
    • .92 the offender will have a previous criminal conviction
    • .65 the offender is under age 20
  • Downside: Crimes that don’t fit pre-existing profiles are difficult
  • Best to use both methods in criminal profiling

Inductive method: Organized/disorganized model

  • Dev by John Douglas and his colleagues in the 1980s by interviewing offenders
  • Organized-disorganized model: crime scenes and backgrounds of serial offenders can be categorized as organized or disorganized
  • These categories are idealized, usually it can be a mix of both
  • Organized crime scene b: 1st degree murder (ex. Zodiac Killer)
    • Planned offence
    • Use restraints on victim
    • Ante-mortem (b4 death) sexual acts committed
    • Use vehicle
    • No post-mortem mutilation
    • Corpse not taken
    • Little evidence left at scene
  • Disorganized behavior
    • Spontaneous offence
    • No restraints on victim
    • Post-mortem sexual acts
    • No vehicle used in crime
    • Post-mortem mutilation
    • Corpse/body parts taken
    • Evidence left at scene
  • Organized background characteristics reflect a methodical person
    • High intelligence
    • Skilled occupation
    • Sexually adequate
    • Lives w/ a partner
    • Geographically mobile
    • Lives and works far away from crimes
    • Follows crimes in media
    • Maintains residence and vehicle
  • Disorganized characteristics  disturbed person who is suffering psychopathology
    • Low IQ
    • Unskilled occupation
    • Sexually inadequate
    • Lives alone
    • Geographically stable
    • Lives and works close to crimes
    • Little interest in media
    • Does not maintain residence and vehicle
  • When encountering disorganised crime scene, the investigator should profile the background characteristics of a disorganized offender
  • For organized crime scenes, organized background characteristics
  • FBI has revised this model to account for many offenders who have mixtures of organized and disorganized features

Canter et al. 2004 - Organized/Disorganized Serial Crimes: Model or Myth? – not in TB

    1. Categorize aspects as organized vs disorganized
    1. Review multiple homocides
    1. Use stats to determine which aspects cooccur, which do not
      * Expected the organized aspects clump together; disorganized – another cluster
  • Result:
    • graph showed that organized are clumped together (happen more frequent)
    • disorganized aspects spread over the graph (happen less frequent)
    • IOW: you cannot distinguish serial killers based on their level of organization
      • We should use disorganized aspects to distinguish serial killers
        • Ex. SK 1 left a weapon in the victim
        • SK 2 is unlikely to do this
  • Used a multidimensional scaling technique (state tech) to test the hypothesis that crime scene behaviors can be classified using Organized/Disorganized categories
    • Behaviors closer together in statistical space, tend to co-occur.
    • Behaviors in the center of the plot are observed more frequently.
    • H: If the Organized/Disorganized model is valid, then “organized” and “disorganized” behaviors should clump together in different regions of the graph.
  • Results:
    • Graph shows 39 different characteristics of crime scene
    • Elements occur frequently are seen/cluster in the middle; further out = less frequent
    • Organized elements are in the middle = tend to occur more; disorganized are spread across the graph
    • Conclusion: serial crimes are often very organized (criminal was not detected until there were a series of killings; serial killers are usually organized).
    • All killers tend to have a level of organization
    • what distinguishes them are the elements of disorganization (less frequent)
      • aka type/quality of disorganization

Investigative psychology approaches to profiling

  • These approaches are similar to inductive approaches, like the organized-disorganized model where they rely on solved cases to develop categories of crime scene b and background characteristics
  • But investigative psychologists emphasis more on rigorously testing the validity of the categories proposed and the linkage b/w crime scene b and background characteristics
  • Goodwill et al 2016
    • Used stat technique – cluster analysis, to find out different ways sex offenders search, approach, and assault victims
    • Ex. for victim selection, the analysis identified 3 clusters
        1. Offenders who predominantly target adult females w/ specific physical features (telio specific)
        1. Offenders who target child and teens w/ physical features (pedo/hebe specific)
        1. Offenders who don’t have preferred victim type (non-specific)
    • Cluster analysis was also used to identify different clusters of background characteristics
        1. Socially competent offender
        1. Anti-social generalist offender
        1. Sexually deviant offender
    • Also used another stat technique = multiple correspondence analysis (MCS) to examine the inter-relationships b/w all of the clusters
    • There is relationships b/w clusters of crime scene b and clusters of background characteristics
    • Ex. offenders who adopt hunter search strategy (actively seeking victims w/in short distance from their home), they are
      • telio specific (target adult F w/ specific physical features)
      • use home intruder approach style (assault victim in their home)
      • employ and assault strategy based on violence and control
      • These offenders tend to be sexually deviant, w/ the following background characteristics
        • Socially isolated
        • Persistent sexually deviant fantasies
        • Voyeurism in adulthood
        • Poor self-image in adulthood
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3
Q

The Validity of Criminal Profiling

  • What officers say about it?
  • 4 criticisms from TB
      1. Trait model lack support, ignores situational factors
        * Counterargument:
        • person-situation debate
        • Replication crisis in psychology
      1. Profiling lack support
        * 2 assumptions
        * Goodwill & Alison 2007
        * Counterargument
        • Gosling et al
        • lens model
      1. Profiles are vague and can fit many suspects
        * Alison et al. 2003
      1. Professional profilers vs untrained individuals
        * Snook et al 2007
A

What officers say about it?

  • valuable, can mislead

Profiling has limitations

    1. based theory model that lack strong empirical support
    1. Core assumption of profiling no empirical support
    1. profiles ambiguous, can fit many suspects
    1. Professional profilers may be no better than untrained indiv at constructing accurate profiles

theoretical basis

  • TB cites “Classic trait model” → Assumes that the primary determinants of behavior are stable, internal traits; Ignores situational factors
  • TB is wrong:Profiling is based on classical trait model but personality psych looks at BOTH trait and situational factors
  • This is based on the person-situation debate:
    • Mischel: Found that personality only predict real world problems w/ correlation r ≤ .30 → “a personality coefficient”
  • Replication crisis in psychology
    • It’s not affecting personality psych as. Bad
    • 80% of the time replication was successful for Big 5 trait model

Is there empirical support for profiling assumptions?

  • Rs tested 2 related assumptions
    1. Offenders behave in a stable fashion across the crimes they commit
      * Partial support
    1. Reliable relationships exist b/w the way in which offenders commit their crimes and their background characteristics
      * Less support
      • Previous profiling rs may not hv found results that were supportive of profiling assumption b/c the studies oversimplified the profiling process

Profiling relies on a “lens model”

  • Point: ppl can use env cues to infer stranger’s traits
  • Criminal profilers use the “crime scene” as the lens in this approach

What is the impact of ambiguous profiles?

  • Profiles can be ambiguous that they can fit many suspects
    • IOW: study supports the that ambiguous profiles can be interpreted to fit more than one suspect
  • Need to be careful when interpreting results:
  • Recent study: profiles used in investigations did not have the same degree of ambiguity

How accurate are professional profilers?

  • profilers are slightly better, however the difference is not hugely significant

Point: criminal profiling is based on a strong theoretical basis

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4
Q

Geographic Profiling

  • Definition
  • purpose
  • assumption
  • how it was built
  • How is the graph read
A

Geographic Profiling

  • Geographic profiling: uses crime scene locations to predict the most likely area where and offender resides
  • Geographical profiling allows help prioritize potential suspects
    • Done by ranking the suspects based on how close they live to the predicted home location
  • Basic assumption: most serial offenders do not travel far from home to commit crimes
    • So it should be possible to make a reasonable accurate prediction about where the offender lives
  • Rs supports this assumption
    • Serial offenders tend to be consistent in their crime site selection choices
    • They commit crimes close to where to live
  • For travelling offenders (aka travel in a particular direction to commit crimes), geographical profiling is not helpful
  • Case: Yorkshire Ripper in England
    • After 5 yr of unsolved murder, the advisory team reviewed the case
    • Investigators felt the offender lived in a different part of the country where the crimes were happening
    • The advisory team think the offender is a local man
      • The team made a geographic profile, plotted the 17 murders, calculated the center of gravity
      • It was near Bradford, which is a city close to where most murders happen
      • Peter Sutcliffe was arrested
  • Ppl built computerized geographic profiling systems to help profiling task
    1. Input Locations of linked crime sites in system, which appear as points
    1. System do calculations based on offender spatial behavior, and show the probability the offender lives at particular points where the offences take place
    1. Each location on the map has an overall probability, and a color
      * Ex. top 10% = red
      * Colored band = probability the offender lives in the area
  • Police can use this map to prioritize their investigations
  • These predictions are accurate and help the police
  • Rossmo 2000
    • Looked at crimes from 15 serial killers
    • Calculated the hit % values (% of space that needs to be searched to locate offender’s home base)
    • Using this system, the offender’s residence is found in 12% of the time
  • Canter et al 2000
    • Looked at 79 serial killers
    • 51% of offender residences were located in top 5% of prioritized activity space
    • 87% of offender residences were located in top 25% of prioritized activity space
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5
Q

Eyewitness testimony: the role of memory

  • What does eyewitness testimony depend on
  • Atkinson Shiffrin Model of Memory
A
  • Eyewitness testimony depends on memory
  • Atkinson Shiffrin Model of Memory
    • Info flow through a series of stages to permanent storage in memory
    • Sensory input → sensory memory (it attended to) → STM (if rehearsed) → LTM
      • Sensory memory: large capacity, lasts 1-2 sec
      • STM: capacity 5-10 items, last 15 sec
      • LTM: unlimited capacity, lasts forever
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6
Q

4 Factors that influence memory

  • What happens after the event (ex. Suggestive/ leading qs in interviews)
  • more stress →? memory
  • cross-race effect
  • Weapon focus

Eyewitness myths

  • 1 Memory is not a video recording
  • 2 Weapon focus (ex. monkey business illusion)
A
    1. Wells & Loftus 2003 - Mem can be influenced by subsequent events
      * Ex. the way qs are asked in interviews influence what one remembers
      * What is remembered can be inaccurate
    1. Loftus and Zanni 1975 - Suggestive/ leading qs can influence responses
      * Changing one word in a qs can lead to an increase in incorrect ans
    1. Deffenbacher et all 2004 - Greater stress results in poorer memory for both the perpetrator’s appearance and other crime details
    1. Meissner & Brigam, 2001 - cross-race effect
      * Eyewitnesses are better able to correctly identify member of their own race compared to that of a different race
    1. Saunders 2009 – Weapon focus
      * If a weapon is present, witnesses often fous on it, and have a less reliable memory for other aspects of the crime

Eyewitness myths

  • 1 Memory is not a video recording
  • It can change each time we retrieve the event
    • Some things are added or guessed b/c we cannot remember all the details
  • Mem fallibilities in daily life are insig (ex. coffee from Tims vs Starbucks)
  • This is sig if police tries to arrest suspect (ex. is the suspect L or R handed)
  • 2 Weapon focus
  • Actually, if a weapon is present, people will focus on it and remember other aspects of the crime to a lesser degree.
  • Monkey business illusion: only pay attention to things that are relevant to us
    • Rs hv confederates (red and blue teams) bounce beachball
    • Ppl were told to count the # of times the blue team passes the ball
    • When asked about whether they see gorilla
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7
Q

2 types of eyewitness memory

    1. Recall memory
    1. Recognition mem
A
    1. Recall memory: reporting details of a prev witnessed event or person
      * Ex. describe what the perpetrator did and what he/she looked like
    1. Recognition mem: determine whether a prev seen item or person is the same as what is currently being viewed
      * Ex. hearing a set of voices and identifying the perpetrator’s voice; identify clothing worn by perpetrator during the crime
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8
Q

Box 5.2 Forensic Psych in the spotlight – Canada’s witness protection program

  • What it does
A
  • Some provide info that put them in harm (ex. organized crime, terrorist informants)
  • Program offer ST protection and permanent relocation (ex. identity changes)
  • The Safer Witness Act (2012) from Toews amends the Witness Protection Program Act
    • It makes it easier for witnesses in provincial program to get new identities
    • It has new restrictions on disclosure of info to make the program more secure
    • It increases the amount of time emergency protection maybe provided to witnesses
    • Makes the program available to those referred from National Defence and CSIS
  • The Act was introduced b/w someone in the protection program was murdered in 2007
    • Some ppl in the program sued for improper treatment
    • Others were kicked out of the program
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9
Q

How do We Study Eyewitness Issues?

  • Describe The Laboratory Simulation
  • 2 IV
    • Estimator v
    • System v
  • 3 types of DV
  • 2 formats of recall
    • Open ended recall
    • Direct qs recall
    • Recall is examined for
  • Recognition of perpetrator
    • Lineup
    • 2 things recognition is examined for
A
  • Examine data from actual crimes
    • Ex. archived police reports
    • Ex examine witnesses in naturalistic env by following police to crime scenes and interviewing witnesses after the police have done their job
  • Lab simulations – most common

The Laboratory Simulation

  • Have ppl watch a critical event (ex. crime)
  • now a witness, the participant is asked to describe what happened
  • Witness then examine a line up
  • IV: 2 main types
    1. Estimator v: v that are present at the time of the crime and cannot be changed
      * Ex. age of witness, amount of lighting, presence of weapon, whether the witness was intoxicated
      * Eyewitness accuracy can only be estimated after the crime
    1. System v: v that can be manipulated to increase (or decrease) eyewitness accuracy
      * Ex. type of procedure used by police to interview the witness or the type of line up procedures used to present the suspect to the witness
  • variables in control of the justice system.
  • Both estimator and system v can be manipulated in lab studies
  • System variable are variables that can be manipulated and can affect recall/eyewitness accuracy, they are usually controlled by the justice system in some way

3 DV

    1. Recall the event/crime
    1. Recall the perpetrator
    1. Recognize the perpetrator
  • 2 types of recall event/crime/perpetrator
    • A. Open ended recall/ free narrative: witness asked to write or tell what they remember about the event/perpetrator w/o officer/experimenter asking qs
    • B. Direct qs recall: witness are asked a series of specific qs about the crime/perpetrator
      • Ex. witness maybe asked about the color of the getaway car of length of perpetrator’s hair
  • How the witness’s recall of the crime/perpetrator is examined
    • The amount of info reported (ex. descriptors of crime/perpetrator)
    • The type of info (ex. proportion of peripheral vs central details; proportion of perpetrator vs env details)
    • Accuracy of info reported (ex. proportion of correct vs omission errors/fail to report vs commission errors/falsely reported)

Recognition of the Perpetrator

  • Line up: set of ppl presented to witness, who must state whether the perpetrator is present, and which person it is
    • Other types: voice lineup, clothing lineup
  • How the witness’s recognition response is examined
    • Accuracy of decision (ex. rate of correctly identifying perpetrator is/ is not in the lineup)
    • Types of errors made (ex. rate of identifying an innocent person/ stating the perpetrator is not present when he/she is present in the lineup)
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10
Q

Recall Memory

  • Fisher et al 1987
    • Methods
    • General questioning format
    • 5 key findings
      • Memory conformity
A
  • Insufficient info → case not solved, perpetrator can keep committing crimes
  • Inaccurate info → wrong person is the suspect

Interviewing Eyewitnesses

Fisher et al 1987

  • Looked at the techniques police used to interview eyewitnesses
  • Analysed 11 tape recordings from PD
  • General interview format:
      1. Introduce themselves
      1. ask open-ended qs
      1. Ask direct qs to determine specific info (ex. age, height of perpetrator)
      1. ask the eyewitnesses if there was any additional info they can remember
  • 5 key findings
    1. Rs found police often interrupted eyewitnesses when they provided an open-ended recall report
      * Issue: Police limits the amount of info eyewitnesses remember by preventing them from speaking or distracting them with questions
    1. Police question eyewitnesses w/ short specific qs
      * leads to short superficial ans compared to open-ended qs;
      * Officers may not ask a relevant qs that provide critical info
      • Ex. the perpetrator may hv a tattoo, but the officer does not ask about this → so the eyewitness may not report it, and police miss a descriptor that help narrowing the pool of suspects
    1. Officers ask qs in predetermined or random order that was inconsistent w/ the info that witnesses were providing at the time
      * Ex. Officer may ask a qs about the perpetrator’s voice while the witness was describing the perpetrator’s clothing
      * Fisher et al
      • Mixing visual and auditory qs decrease recall by 19%
    1. Officers tend to ask qs that are “leading”
    1. contamination of co-witnesses → memory conformity
      * Crimes can hv multiple witnesses
      * Witnesses can be contaminated if they know what other witnesses reported
  • Memory conformity: when one witness reports influences what another witness reports
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11
Q

Recall memory - misinformation effect

  • Loftus and Palmer 1974
    • Part 1: Method & results
    • Part 2: Method & results
    • Misinformation effect/post-event info effect
  • Loftus 1975: Method & results
  • 3 main explanations for misinformation effect
  • 3 ways misinformation effect is seen in real life
A

The Leading Question: The Misinformation Effect

  • Loftus: her studies show that witness’ recall report can be altered by the phrasing of a qs

Loftus and Palmer 1974

  • Part 1: Method
    • Had uni students watch a videotape of a car accident
    • Ppl were then asked identical qs w/ a variation in one critical word “hit”
      • How hast were the cars going when they hit each other?
      • Hit was replaced w/ either smashed, collided, bumped, contracted
    • Results: Participants reported highest rate of speed when “smashed” was used, lowest rate when “bumped” and “contacted” were used.
  • Part 2
    • Called ppl back a wk later and asked if they had seen any broken glass
    • Results: Ppl who were questioned w/ the word smashed were more likely to recall seeing broken glass than others
      • But there was no broken glass in the video
  • IOW: the wording of a qs can influence memory for the incident
  • Misinformation effect/post-event info effect: witness who is presented w/ inaccurate info after an event will incorporate that misinformation into a recall task later

Loftus 1975

  • 40 students watched 3 min clip, they were interrupted by 8 demonstrators
  • After the clip, ppl were asked 20 qs
    • ½ were asked: was the leader of the 4 demonstrators who entered the classroom a male?
    • ½ were asked: was the leader of the 12 demonstrators who enter the classroom a male?
    • Other qs were the same
  • 1 wk later
    • Ppl were asked 20 new qs about the film
    • Critical qs: how many demonstrators did you see entering the classroom
      • Those who were asked about 12 demonstrators report seeing avg of 9d
      • Those who were asked about 4 demonstrators report seeing avg of 6.4d
  • IOW: incorporating # of demonstrators into the qs affect the # of demonstrators the witnesses recall seeing later

Explaining the misinformation effect

  • 3 general positions
      1. Misinformation acceptance H: explains the misinformation effect, states the incorrect info is provided b/c the witnesses guess what the officer/experimenter wants the response tb
      1. Source misattribution H: explains the misinformation effect, states that the witnesses can recall both the original/accurate and the inaccurate memory; but witness can’t remember where each memory came from
      1. Memory impairment H: Loftus’ explanation of the misinformation effect; original mem is replaced w/ new incorrect info
  • We still don’t know which position is correct

But the misinformation effect is real, and seen in real life

    1. Officer may make an assumption on what happened and phrase a qs that aligns w/ their assumption
      * Ex. Officer asks “Did you see THE gun?” rather than the neutral qs “Did you see A gun?”
    1. There maybe more than one witness and the witness overhears others’ statements
      * If there are discrepancies b/w the witnesses, the witness may change their report to make it consistent
    1. Officer may incorporate erroneous detail from a prev witness’ interview
      * Ex. Officer may ask: What was the perpetrator w/ the scar wearing?”
      * The witness may later report the perpetrator had a scar when in fact there was none
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12
Q

Procedures That Help Police Interview Eyewitnesses

  • Hypnosis
    • Why is it used
    • How does it help
    • 2 hypnosis techniques often used
    • Findings on the accuracy of info retrieved from hypnosis
    • Elizabeth Bain
      • What happened
      • SCC ruling
A

Hypnosis

  • When witnesses are traumatized, they may be unable to recall a crime
  • Hypnosis may help -→ relaxation, heightened focus and concentration - → assumes Hypnosis improves recall

2 hypnosis techniques often used

    1. Age regression
      * Witness goes back in time and re-experiences the original event
    1. TV technique
      * Witness imagines that he/she is watching an imaginary TV screen w/ the events being player as they were witnessed
  • Lit reviews
    • Those under hypnosis will provide more details, but those details are just as likely tb inaccurate
  • Perfect et al 2008
    • One aspect of hypnosis is helpful: close their eyes can increase recall of details
    • When eyes are closed, visual and auditory info is recalled more
  • Hypnotized ppl are more suggestible to subtle cues by the interviewer
  • Police want accurate info
  • Canadian courts do not permit info gained from hypnosis to be used as evidence

In the Media Hypnotically Refreshed Memory Goes to Court, or Not

  • Elizabeth Bain –Psych student at UTSC disappeared
  • Her BF Baltovich was under surveillance
  • Officers hypnotized witnesses who saw Bain and Baltovich
  • Baltovich was charged w/ 1st degree murder
  • Baltovich’s appealed the case and cited hypnotically refreshed memory should be set aside
  • Baltovich spend 9 yr in prison until new trial in 2004; 2007 acquitted
  • In 2007, SCC ruled that testimony under hypnosis is inadmissible as those under hypnosis are more suggestible and have a difficult time distinguishing b/w accurate and fake memories
  • There’s no way to determine the memories are accurate
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13
Q

Procedures That Help Police Interview Eyewitnesses - Cognitive interview

  • Cog interview
  • 4 memory retrieval it is based on
  • Geiselman et al 1985
  • Memon et al 2010
  • Downsides
A

The Cognitive Interview

  • Cog interview: interview procedure for eyewitnesses; based on principles of memory storage and retrieval
  • This process is not recommended for unwilling participants (ex. suspects)
  • Cog interview is based on 4 memory retrieval to increase recall
    1. Reinstating the context
    1. Reporting everything
    1. Reversing order
    1. Changing perspective

Geiselman et al 1985

  • Ppl watched at police training film of a crime
  • 46 hrs later, ppl were interviewed w/ one of the procedures by law enforcement professionals
  • Results: Geiselman et al. (1995) found that cognitive interview produce more accurate info than standard police interview and hypnosis

Fisher and Geiselman 1992

  • Expanded the cog interview into the enhanced cog interview
  • Enhanced cog interview: interview procedure that includes principles of social dynamics and memory retrieval principles used in the original cog interview
  • Additional components
    1. Rapport building
    1. Supportive interviewer b: witness’s free recall is not interrupted; officer should wait out pauses, who express attention to what the witness is saying
    1. Transfer of control: witness (not officer) should control the flow of the interview; witness is the expert/ person who saw the crime
    1. Focused retrieval: qs are open ended and not suggestive; after free recall, the officer should use focused memory techniques to help retrieval
    1. Witness-compatible questioning: officers’ qs should match the witness’s thinking
      * If the witness is talking about clothing, the officer should be asking about clothing

Memon & Bull 1991

  • Compared enhanced cog interview, original cog interview, and standard police interview
    • Both cog interview produde more accurate info w/o increasing inaccurate info than standard interview
    • No diff b/w the 2 cog interview

Memon et al 2010

  • Meta analysis
  • Cog interview produces an increase in accurate info, and small increase in errors
  • Both original and enhanced version produced the results
  • Dunno which components increase the accurate info

Wright & Holliday 2007

  • Tested cog interview in UK w/ diff aged ppl
    • Young adults 17-31
    • Older adults 69-74
    • Older older adults 75+
    • Cog interview increased the amount of accurate “person, action, object, and surrounding” details for each age group compared to standard interview
      • No increase in errors
  • Downsides: Time intensive; officers are reluctant to use it (discretion)
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14
Q

Recall of The Perpetrator

A

Recall of The Perpetrator

  • Witness may be asked to describe the perpetrator’s appearance
  • These descriptions are vague and apply to many ppl

Quantity and Accuracy of Descriptions

  • Witness descriptions are limited in detail and accuracy

Webber 1994

  • Examine description by adults in real and staged crimes
  • Witnesses to staged crimes report 7.4 descriptors
  • Witnesses to real crime report fewer 4 descriptors
  • Common report – hair and clothing

Fahsing et al 2004

  • Examined archive
  • 250 offender descriptions made by witnesses to armed robberies at banks
  • Written descriptions from case files were compared to surveillance vids
    • 2348 attributes were described
    • All included gender in description
    • 90% of descriptions are about the upper body, clothing, and height
    • Witnesses usually mentions the offender’s build, weapon, pants, bag, and age
    • The descriptions provided were accurate but very gender and non-specific
    • Description were accurate and reliable compated to videotapes
      • Witnesses report gender, build, height, age, and ethnicity
      • Gender was most accurate
      • Age, height was inaccraute

Ganhag et al 2013

  • Looked at witnesses’ descriptions of murder of Anna Lindh – Swedish Foreign Minister
  • 42% of described attributes were incorrect
  • Witnesses were unreliable when describing basic features lije age and height
  • # of errors was higher due to brief time ppl saw the crime (12-14s)

Wagstaff et al 2003

  • Hair color and hairstyle were reported most accurately

Other studies

  • features, like weight eye color and footwear are lower in accuraxy
  • IOW: descriptions are limited in quantitiy and accuracy, and not that useful

Kask et al 2006

  • Examined the effectiveness of having a standard for witnesses to use when answering qs about the target
  • ½ ppl were asked a “standard- qs”
    • When the experimenter was used as a standard, experimenter asks: my hair is this long. How long was his hair?
  • Others were asked no-standard qs – How long was his hair?
  • Results: use of a standard did not help witnesses to recall accurate person info
  • It did help to reveal descriptors that are not usually remembered well (ex. appearance of eyes, nose, mouth)

Sauerland and Sporer 2011

  • Change in modalities of how a descriptions is elicited can influence the amount of info recalled
  • Looked at whether asking witnesses for a verbal description differed from asking them to write down what they remember
  • H: writing may produce less description info as it put demands on WM
    • Also writing is slower and less practiced that speaking
  • Results: asking witnesses to write their descriptions produce shorter and less accurate descriptions than oral
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15
Q

Recognition Memory

  • Define
  • 3 ways recognition memory is tested
  • # 1 Lineup
    • 2 uses for lineup identification
    • Foils/distractors
      • 2 strategies
        • Similarity-to-suspect strategy
        • Match-to-description strategy
    • Fair lineup
    • How to: Estimating identification accuracy
      • 3 types of identification decisions can happen w/ target-present lineup
        • Correct identification
        • Foil identification
        • False rejection
      • 3 types of identification decisions for target-absent lineup
        • Correct rejection
        • Foil identification
        • False identification
    • Identification decision implications
      • Foil identification
      • False rejection
      • False identification
    • 5 reasons to use photoarrays
    • Simultaneous lineup
      • Relative judgement
    • Sequential lineup
      • Absolute judgement
  • # 2. Videos
    • Lindsay & Wells (1985) RESULT
    • Show-up
      • 2 acceptable uses of a showup
    • Walk-by
    • Lineup biases
      • 3 types of biases that increase false +ves
        • Foil bias
        • Clothing bias
        • Instruction bias
A

Recognition Memory

  • Recognition memory: determine whether the previously seen item or person is the one currently being viewed
  • Witness’ recognition memory is tested by
    1. Live lineups or photo arrays
    1. Video surveillance records
    1. Voice identification

Lineup Identification

  • Typical method; witness views a group of possible suspects and determine whether one is a the perpetrator

Why conduct a lineup?

  • Suspect: a person the police suspect who committed crime
    • Can be innocent or guilty
  • Perpetrator: guilty person
  • Use 1: Lineup identification reduces the uncertainty of whether a suspect is the perpetrator beyond verbal description provided
    • Witness identifying the suspect increases the likelihood that the suspect is the perpetrator; vv
  • Use 2: Lineup also provide police w/ info about the physical similarity b/w the lineup member chosen and the perpetrator
    • Police have some notion of what the perpetrator looks like based on the person selected from the lineup

Lineup distractors

  • Other lineup members are included
  • Foils/ distractors: the are known to be innocent of the crime in qs
  • 2 types of strategies to decide on the physical appearance of the lineup distractors
    1. Similarity-to-suspect strategy: match lineup members to the suspect’s appearance
      * Ex. if the suspect has brown hair, blue eyes, and moustaches, then each lineup member have these characteristics
      * Issue: there are many physical features that can be matched, like eyebrow width, length of nose, thickness of lips
      * Can produce a lineup of clones
    1. Match-to-description strategy: sets limits on the # of features that need to be matched
      * Distractors are matched only on the items that the witness provided in their description
      • Ex. if a witness state the criminal had brown hair, blue eyes, round face, and no facial hair; then those would be features the lineup member is matched

Lindsay et al. (1994)

  • Fair lineup: lineup where the suspect does not stand out from the other lineup members
    • Ex. if skin color was not mentioned, then a lineup can be made w/ one white face (the suspect) and 5 black faces  biased lineup
    • Some characteristics, ex. sex and race, should be matched even if not mentioned in the witness’s description

Others rs

  • To avoid biased lineup, if a feature is provided in the witness’s description but does not match the suspect’s appearance, then the distractors should match the suspect’s appearance on that feature
  • Ex. if the perpetrator is described as having brown hair but the suspect has blond hair, then the distractors should have blond hair

Estimating identification accuracy

  • To determine how often witnesses make an accurate (or inaccurate) identification decision, we need to create the condition when police hv arrested the right suspect - guilty
  • Also, need to create the condition when police hv arrested the wrong suspect – innocent
  • This creates 2 lineups
  • Target-present lineup: contains perpetrator
  • Target-absent lineup: no perpetrator, only innocent suspect
  • 3 types of identification decisions can happen w/ target-present lineup
    • Correct identification: witness identify guilty suspect
    • Foil identification: witness identifies a foil
    • False rejection: witness state the perpetrator is now present
  • 3 types of identification decisions for target-absent lineup
    • Correct rejection: witness can state the perpetrator is not present
    • Foil identification: witness can identify a foil
    • False identification: witness identify an innocent suspect
  • Rs many refer false identifications and foil identifications from a target-absent lineup as false positives

Identification decision implications

  • correct decision w/ a target-present lineup = correct identification
  • correct decision w/ target-absent lineup = correct rejection
    • Foil identification (w/ target-present or target-absent lineup): known error to the police, so the person identified will not be prosecuted
      • The witness may be perceived as having a faulty memory
      • The other details provided by this witness may be viewed w/ some skepticism b/c a known recognition error was made
    • False rejection: unknown error and may result in the guilty suspect going free and possibly committing further crimes
    • False identification: unknown error in reality, may result in innocent suspect being prosecuted and convicted for a crime he/she did not commit
      • The real criminal remains free to commit further crimes
      • The most serios type of identification error a witness can make

Live lineups or photoarrays

  • Photo arrays are more common than live person lineups
  • Reasons
    1. They are less time-consuming to construct
    1. They are portable
    1. Suspect does not have the right to counsel being present when a witness looks at a photo array
    1. Photos are static
      * Police need not worry that the suspect’s b may draw attention to him or herself, thus invalidating the photo array
    1. Witness may be less anxious examining a photo array than live lineup
  • Can use video-recorded lineups
    • Pros:
      • Can enlarge faces or focus on particular features
      • Lineup members are shown walking, turning, and talking
  • Cutler et al 2010
    • Examined whether kids and teens performed differently w/ live vs videotaped lineups
    • Results: only for teens the video lineup had a slight advantage when the target was not present (for correct rejections)
    • No differencts b/w 2 lineups
  • UK uses video lineups
    • Video lineups are shown in sequence to witness
    • Witness can see lineups x2
  • Horry et al 2012
    • Examined the identification decisions from 1039 actual lineups in UK
    • Found that witnesses requesting additional passes through lineups were more likely to guess for foil identifications

Lineup presentation procedures

  • Simultaneous lineup: presents all lineup members at one time to the witness
  • Wells 1993
    • Suggest this encourages witness to make a relative judgement
    • Relative judgement: lineup members are compared w/ one another and the person who looks most like the perpetrator is identified
  • Sequential lineup: present the lineup members serially to the witness
    • Witness must make a decisions as to whether the lineup member is the perpetrator b4 seeing the next lineup member
    • Witness cannot ask to see previously seen photos and witness is unaware of the # of photos shown
    • May reduce the likelihood witness can mak ea relative judgement
    • Witnesses make an absolute judgement
    • Absolute judgement: each lineup member is compared w/ the witness’s memory of the perpetrator and the witness decides whether it is the perpetrator

Lindsay & Wells (1985)

  • compared the identification accuracy rate w/ simultaneous and sequential lineup procedures
  • uni students witness videotaped theft and were asked to identify the perpetrator from 6 photos
  • ½ the students saw target-present lineup
  • ½ students saw target-absent lineup
  • Across target-present and target-absent conditions, the lineups were either presented w/ simultaneous or sequential procedure
  • Correct identification (target-present lineups) rates: did not differ across lineup procedures
  • Correct rejection rates sig differ across lineup procedures
    • 42% of the participants made a correct rejection w/ simultaneous lineup
    • 65% of the participants made a correct rejection w/ a sequential lineup
  • IOW: if perpetrator was not included in the lineup, witnesses were more likely to correctly indicate that he/she was not present if shown in SEQUENTIAL lineup
  •  high correct rejection rate using the sequential than simultaneous procedure is replicated
  • 2 meta-anlysis
    • Correct identification rates are lower for sequential lineups than sequential lineups
    • This difference lessens as real world conditions are considered
  • Sequential lineup: used in some Canadian jurisdictions (ex. ON) and US states (NH)
  • Other rs
    • If certain method factors are used, the simultaneous procedure produces a correct rejection rate similar w/ the sequential procedure w/o a drop in correct identification
  • Show-up: identification procedure that shows one person to the witness – the suspect
    • Witness is aksed whether the person is the perpetrator
    • Cons
      • Since there is no other lineup members shown, the witness is aware of whom the police suspect
      • This increase the chance of making a false identification
    • Gonzalez et al 1993
      • Did not find false identifications is higher w/ a showup than a lineup
      • The witnesses were more likely to reject a showup than all members of a lineup
      • Witnesses are more cautious w/ their decision making when presented w/ a showup rather than a lineup
      • They will make a rejection rather than an identification
    • Yarmey et al 1996
      • Lineups produced lower false-identifications rates than showups
    • Steblay et al 2003
      • False identifications were higher w/ showups than lineups
      • Analysed 271 cases: suspect was more likely to be identified in a field showup than in photographic lineup
      • IOW: showups are suggestive
    • Wetmore et al 2015
      • Have 1600 ppl view crime video and perform a showup or simultaneous lineup identification immediately or 2 days later
      • Showup never resulted in higher accuracy compared to lineup, even when lineups were biased instead of fair
    • Pont: need more rs
  • Only 2 acceptable uses of a showup
      1. Deathbed identifications: fear that the witness will not be alive by the time a lineup is assembled
      1. Used if a suspect is apprehended immediately at or near the crime scene
  • Walk-by: identification that occurs in naturalistic env; police take witness to a public location where the suspect is likely tb
    • Once the suspect is in view, the witness is asked whether he/she sees the perpetrator
  • In lineups w/ 1+ ppl, person administering the lineup need to decide where to place the suspect’s photo
    • Usually done randomly
  • Megrey et al 2012
    • Examine eye movements of witnesses examining lineup
    • Faces on the L were looked at first
    • Foil on the LS were more likely tb inaccurately identified as the target

Lineup biases

  • Biased lineup: a lineup that “suggests” whom the police suspect and thereby whom the witness should identify
  • Biases that increase false +ves
    1. Foil bias: suspect is the only lineup member who matches the description of the perpetrator
      * Ex. suspect has a beard and moustache while other lineup members shaved
    1. Clothing bias: Suspect is the only one wearing clothing similar to that worn by the perpetrator
      * Ex. perpetrator was described wearing a blue baseball cap
      * Suspect is wearing the cap while foils are not
    1. Instruction bias: Police fail to mention to the witness that the perpetrator may not be present
      * Police imply that the perpetrator is present and that the witness should pick hem/her out

Box 5.3 Canadian Researcher Profile: Dr. Rod Lindsay

  • Study eyewitness issues and real world applications
  • Frustrating cases
    • Case 1: First nations suspect as placed in 12 person lineup in which no other member was First nations
    • Case 2: Filipino suspect is placed in 12 person lineup, all other lineup members were First nations
      • Court decided nothing was wrong w/ the lineup
      • Lindsay disagree
  • Canada should hv smth similar to the UK Hone office
    • it research police procedures and decide on the best practices and distribute this info through law enforcement
    • Throws our evidence that did not meet standards
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16
Q

3 ways recognition memory is tested cont.

  • # 3Voice Identification
    • Effects of
      • longer vs shorter tapes
      • whisper/emotional vs normal voice
      • Laughter vs no laughter
      • familiar vs accent voice
A

Voice Identification

  • Case
    • Son of Lindbergh was kidnapped and murdered
    • Lindberg identified Hauptmann’s voice as the one he heard 3 yr ago when he paid the ransom
    • Hauptmann was convicted
  • Today, few studies on voice identification

Orchard and Yarmey 1995

  • 160 uni students listen to a taped voice of a mock kidnapper that was 30 sec or 8 min
  • Voice was varied: had distinctive or nondistinctive voice
  • Voice was varied: whisper or normal tone
  • Voice identification accuracy was tested w/ 6 person voice lineups 2 days after the ppl heard thee taped voice
  • Results
    • Identifying accuracy was higher w/ longer tapes
    • Whispering sig decreased identification accuracy
    • Distinctiveness + whispering influence accuracy

Ohman et al 2011

  • 280 ppl
    • 7-9 yo
    • 11-13 yo
    • Adults
  • Heard 40 sec recording of unfamiliar voice
  • 2 weeks later, they were presented w/ a 7 voice lineup (target-present or target-absent)
  • All conditions  poor performance
  • Only 11-13 yo performed abv chance; 27% correct identification

Philippon et al 2013

  • Looked at whether laughter will influence the accuracy of voice identification
  • Ppl were assigned to target-present and target-absent conditions
    • 1/3 ppl heard laughter only
    • 1/3 ppl heard speech + laughter
    • 1/3 ppl heard speech only
  • Results: ppl were more likely to recognize a voice when it has laughter or only laughter was heard
  • 2 laughter conditions had similar accuracy
  • When the target was absent, laughter w/ speech  higher accuracy
  • Target present situations → laughter alone resulted in more correct identifications

Factors that decrease the likelihood of correct voice identification

  • Correct identification decrease if a voice is changed by whispering or muffling or thru emo
  • When voices are disguised as whispers, changed in tone b/w first hearing the perpetrator and. the conduction of the voice lineup, identification evidence is wonky
  • If the target voice occurs later in the lineup, correct identification decreases compateed to earlier presentation
  • Kerstholt et al 2006
    • looked at whether the perpetrator and witness have diff accents will affect voice identification
    • Ppl were more accurate when the speaker had a familiar vs diff accent
      • 41% correct identifications vs 34%
      • 56% correct rejections vs 35%
  • Pickel and Staller 2012
    • Looked at how a voice w/ accent affect how witnesses describe the perpetrator’s appearance
    • Witnesses view a perpetrator who spoke w/ an accent reported less developed physical descriptions of the perpetrator and were less accurate in identifying the voice
    • If msg was spoken by the perpetrator was more vs less detailed, the witnesses provided fewer accurate details about what the perpetrator looked like
    • Increasing the threatening nature of the msg led to more inaccurate descriptions of the perpetrator’s appearance
  • Cook Wilding 1997
    • When target’s face was visible when ppl originally heard the voice at encoding, correct identification decrease
  • As the # of foils increase from 4  8, correct identification decreased
17
Q

Are Several Identifications Better Than One?

A

Are Several Identifications Better Than One?

  • Lindsay et al 2004
    • Examine if multiple independent lineups to identify perpetrator is useful
    • Ex. have the ppl identify the clothing worn by perpetrator in one lineup; identify the perpetrator’s face in another lineup
    • If both identification decisions are of the suspect, then the suspect has a high chance of being the perpetrator compared to only one person identifies
    • Study 1
      • After exposure to a live target, ppl were shown a face lineup  voice lineup  body lineup
    • Study 2 = study 1 + clothing lineup
    • Results: exposing witnesses to more than one lineup, each w/ diff aspect of the suspect increased the ability to determine the reliability of an eyewitness’s identification of the suspect
    • Thee likelihood of suspect’s guilt increased as the # of independent identifications of the suspect increased by any one witness
18
Q

Estimator Variable Research in Recognition Memory

  • Age
  • Race
    • Cross-race effect
      • 3 Explanations
        • Attitudes
        • Physiognomic homogeneity
        • Interracial contact
  • Weapon focus
    • 2 main explanations
      • arousal
      • unusualness
A

Estimator Variable Research in Recognition Memory

  • 3 v: age, race, and weapon focus

Age

  • Compared to younger adults, old adults (60+) are
    • less likely to correctly identify perpetrator from a target-present lineup (fewer correct identification)
    • More likely to make incorrect decision in target-absent lineup (fewer correct rejections)
  • As ppl age, they are better at correct identification and rejection; but performance decreased for older adults 60+
  • Harvard & Memon 2009
    • Compared identification abilities of younger adults (18-36) and older adults (61+)
    • Showed ppl 2 vids
      • Vid 1: a younger adult perpetrator
      • Vid 2: older adult perpetrator
    • Showed 9-person video lineups, all photos are presented sequentially
    • No identification decision is made until all pic are viewed
    • Results: older adults made fewer correct identification and correct rejection
    • Younger adults made more correct rejections when the perpetrator was also a younger adult, but the older adults did not show own age bias
  • Older adults constantly underperformed regardless of the lineup procedure used, age of perpetrator and whether the lineup was target-present or target-absent

Race

  • Cross-race effect/ other race effect/ own race effect: witnesses remember faces of ppl fof their own race w/ greater accuracy than those of other races
  • Meissner and Brignam 2001
    • Meta analysis 5000 ppl
    • Own race faces produced higher correct identification and lower false +ve than other race faces
  • Jakiw et al 2008
    • First nations ppl were more accurate at recognizing faces from their own race compared w/ the other race
    • Both Caucasians and First Nations ppl were more likely to choose a face when trying to identifying a First Nations face
    • Authors suggest the potential for mistake identifying First Nations ppl is high regardless of the witness’ race
    • Counter argument: Many bands fit in the First Nations category
      • Those from diff bands may experience the cross race effect
  • Criminal activity can occur when ppl are intoxicated
  • Hilliar et al 2010
    • Examine alcohol intoxication and own race bias
    • Asian and European ppl had to recognize Asian and European faces whe they were sober or somewhat intoxicated
    • Being intoxicated had a larger -ve effect when recognizing same-face faces compared to other-race faces

Explanations for cross-race effect

  • Attitudes
    • H: ppl w/ fewer prejudicial attitudes may be more inclined to distinguish among members of other races
    • No rs support
    • H2: prejudicial attitudes may be related to amount of contact a person has w/ other-race members help explain cross race effect
  • Physiognomic homogeneity
    • H: It suggests that some races have less variability in their faces
    • No support
    • Ppl from diff races did not find one gp was more similar across members
    • H2: Some physical features may be more appropriate for discriminating among faces of certain races (ex. hair color)
      • person from other races may not pay attention or encode relevant. Features that distinguish b/w members of a particular race
      • Ex. paying attention to hair color for Asian faces is less discriminating than hair color for Caucasian faces
      • Still not strong theory
  • Interracial contact
    • H: more contact you have w/ other races, the better you will be able to identify them
    • Rs examine kids living in integrated neighbourhoods vs segregated
    • They predict that ppl from integrated neighborhoods are better at recognizing other race faces
    • Some support for this
    • Li et al 2001
      • Examine the ability of white basketball experts and novices to recognize black faces
      • Since majority of US professional basketball players are black, they predict experts will have more experience distinguishing black faces
      • Results: experts were better
    • Not all studies found support

Weapon focus

  • The phenom where witness’ attention is focused on the perpetrator’s weapon rather than on the perpetrator
  • Witness remembers less about the crime and perpetrator when weapon is present
  • 2 main explanations: arousal and unusualness
    1. Arousal – limited support
      * When emo arousal increases, attentional capacity decreases
      * Due to limited attentional capacity, central details (i.e. weapon) are more likely tb encoded than peripheral details (like color of the perpetrator’s hair)
    1. Unusualness
      * Weapons are unusual and attract witness’s attention
      * Since witness is not paying attention to and encoding other details, these details are not remembered
      * Pickel 1999
      • Examined the unusualness explanation
      • Exp 1: uni students watched 1 of 4 vids where a woman was approached by a hand w/ a handgun
      • The scenarios differ in location and degree of threat
      • Video 1: interaction happened in baseball stadium parking lot
      • Video 2: at shooting range
      • Handgun is unusual in baseball game, but not in shooting range
      • Low threat: man kept the gun pointed to the ground
      • High threat: man pointed the gun at the woman
      • Results: ppl gave less accurate descriptions of the man if he was carrying a handgun in the parking lot rather than the shooting range
      • Degree of threat had no influence on the description of the man
      • Data suggest the unusualness can produce weapon focus phenom
      • NOTE: identification of target was not affected
        * Carlson and Carlson 2012
      • Examined if a perpetrator w/ a distinctive facial feature would alter the weapon focus effect
      • 600 ppl watched a mock crime vid where the perpetrator used his fists, beer bottle, or shotgun
      • Perpetrator either had a large sports sticker on his face or not
      • Ppl had more difficulty identifying the perpetrator when he had a shotgun that replicated the weapon focus effect
      • But only when the perpetrator did not have a sticker on his face
      • If p has sticker on his face, correct identification increased, false +ve identification decrease in shotgun condition
        * There is support for unusualness explanation for the weapon focus effect
        * This can be reversed due to another “unusual” factor
        * Can be trained to overcome weapon focus effect
        * Fawcett et al 2013
      • Weapon focus effects happens in labs and real world
      • It is influenced by retention interval, exposure duration, and threat
19
Q

Public Policy Issues and Guidelines

  • Turtle et al 2003
  • 1997: Osgoode Law school at York U - innocence project
  • Wells et al 1998 – proposed 4 recommendations for eyewitness evidence
  • Kassin 1998 - 5th recommendation
  • Brooks 1998 – Canadian guidelines
  • R. v. Sophonow 1986
    • Events
    • 4 key recommendations
A

Public Policy Issues and Guidelines

  • Former US attorney commissioned a set of guidelines for the collection and preservation of eyewitness evidence
  • She was influenced by empirical literature and review of DNA exoneration cases
  • Turtle et al 2003
    • For 75% + of DNA exoneration cases, the primary evidence used to convict was eyewitness identification
  • 1997: Osgoode Law school at York U
    • Set up innocence project for Canadians
    • Work w/ association for the defence of the wrongfully convicted
    • Pro bono lawyers (no pay due to client) who worked to free Donald Marshall, David Milgaard, and Guy Morin (all wrongfully convicted)
  • Eyewitness rs, officers, and lawyers helped former US attorney to develop a national set of guidelines – Eyewitness evidence: a guide for law enforcement
  • Wells et al 1998 – proposed 4 recommendations
      1. The person who conducts the lineup or photo array should not know which person is the suspect
      1. Eyewitnesses should be told explicitly that the criminal may not be present in the lineup, and witnesses should not feel they must make an identification
      1. The suspect should not stand out in the lineup compared to the foils based on eyewitness’s prev description/ other factors that draw attention to suspect
      1. Take a clear statement from eyewitness at the time of identification and prior to any feedback on his/her confidence that the identified person is the actual criminal
  • Kassin 1998
      1. The lineup procedure should be recorded to ensure the accuracy in the process
        * The lineup and the interaction b/w officer and witness should be on video so that lawyers, judge, and jurors can later assess whether the reports of the procedure made by police are accurate
  • Brooks 1998 – Canadian guidelines; not always followed
    • Police guidelines: pretrial eyewitness identification procedures
    • Psych were consulted
  • R. v. Sophonow 1986
    • Poor police techniques ini collecting eyewitness identification
    • Sophonow was convicted of murdering Stoppel, spent 4 yrs in prison for a murder he did not commit
    • DNA evidence exonerated him 15 y later
    • SC requested public inquiry to the case
    • 43 recommendations were made; including
        1. Photo lineup procedure w/ the witness should be videotaped or audiotaped from the point the officer greets the witness to the completion of the interview
        1. Officers should inform witnesses that it is just as important to clear innocent suspects as it is to identify guilty suspects
        1. The photo lineup should be presented sequentially
        1. Officers should not discuss a witness’s identification decision w/ her/him

Box 5.4 How does a case go wrong? R. v. Sophonow 1986

  • 1981: Stoppel is a waitress at a donut shop
  • Around 8:45 PM she was found strangled and close to death; then died later in the hospital
  • Several eyewitnesses
    • Mrs. Janower: work at drugstore in the same plaza as the donut shop
      • Went to the shop at 8:20PM, saw a man standing inside who locked the door and headed to the washroom
    • Mr. Doerksen: selling X’mas trees near donut shop
      • Chased a man who walked out of the donut shop when Stroppel’s body was found
    • Mr. McDonald: sat in truck as he waited for his wife to finish shopping in the plaza
      • Can see a man talking to the waitress in donut shop, heh walked w/ waitress to the back of the shop, then came out to lock the front door
  • Police found Sophonow was visting his daughter the night Stoppel was murdered
  • There was Sophonow’s hair sample
  • Police notes suggest Sophonow was at the show b/w 8 and 9PM
  • Sop was interrogated for 4 hrs
  • Arrested on 1982
    • Trial 1: mistrial
    • Trail 2: convicted; verdict was appealed
    • Trial 3: acquitted Sophonow
  • Tried to exonerate his crime for 15 y
  • 1998 – case reopened
  • 2000 – Sophonow was not responsible; found another suspect
  • Attorney general issues an apology as Sop endured 3 trials, 2 appeals, 45 mo in jail for offence. He did not commit
  • Issues contributed to Sop wrongful conviction
    • Misquote on detective quotes
      • Sop said “I could NOT have been in Ideal Donut Shop”
      • Recorded statement “I could hv been in …”
    • Police didn’t inform Sop he can call a lawyer at any time/ statements he made can be used against him
      • Police didn’t let Sop to call lawyer
    • Sop was strip-searched in anus to see if he was carrying drugs tho there was no reason to
    • Mr. Doerkson was hypnotized
      • Claimed a man was at a hotel was the perpetrator, claimed another man who was a reporter as a perpetrator  both exonerated
      • Sergeant conducting lineup told Mr. Doerksen to consider #7 (Sophonow)
    • Sop has an alibi that was not considered; the alibi ruled out Sophonow as a murderer
    • Terry Arnold lived near the donut shop and had a crush on Stoppel
      • Fit the description and did not have an alibi, was not fully investigated
  • Loftus testified
    • When there is more than one witness, they can influence one another
    • Ppl under hypnosis are suggestible, their words maybe wrong
    • Photo arrays shown to Mrs. Janower had Sophonow’s pic stand out