Miscarriages of Justice

Question 1

When did studies on eyewitness begin?

Answer 1

With Loftus in the 70’s and biggest boost came from DNA testing

Question 2

What percentage of cases were a miscarriage of justice in Innocence Project (2015)?

Answer 2

72%

Question 3

What is the CJS challenge for witnesses?

Answer 3

Develop policy to minimise mistaken ID + enhance probative value of EW ID evidence

Question 4

What is memory made up of?

Answer 4

Encoding, Storage and retrieval

Question 5

What is encoding made up of?

Answer 5

Perception, attention and processing

Question 6

What is storage made up of?

Answer 6

Decay and interference

Question 7

What is retrieval made up of?

Answer 7

Characteristics and types of recall (free and cued recall)

Question 8

What is an estimator variable?

Answer 8

Variables that the CJS has no control over e.g. Witness, perpetrator, scene, weather, light

Question 9

What is a system variable?

Answer 9

CJS has control over e.g. Questioning technique, identification process

Question 10

What are the two types of interrogation techniques?

Answer 10

Information gathering (PEACE model) and Accusational (REID)

Question 11

What are the 9 steps of interrogation in the REID model? (Inbau, Reid and Buckely)

Answer 11

1. Direct confrontation
2. Shift blame
3. Discourage suspect
4. Should give reason- move towards confession
5. Reinforce sincerity
6. Offer alternative question
7. Pose alternative question
8. Lead suspect to repeat guilt.
9. Document suspect’s confession and have them prepare recorded statement

Question 12

Criticism of the REID model

Answer 12

Creates false confessions

Question 13

Types of identification parades

Answer 13

Video parades or still photographs

Target present or absent

Question 14

What has been found in absent-target identification parades?

Answer 14

Leads to false identifications

Question 15

Research on eyewitness memory includes

Answer 15

Weapon focus, stress, social influence and misleading information

Question 16

Weapon- Hope & Wright (2007) found

Answer 16

Novelty & perceived threat of weapon= distraction of attention

Question 17

Fawcette et al (2013) meta analysis:

Answer 17

Weapon focus greater than recall of culprit

Question 18

Hulse & Memon (2006) no weapon focus, BUT:

Answer 18

Less likely to accurately recall target detail and less confident compared to weapon detail

Question 19

Social influence on memory

Answer 19

James newsome convicted for 15 years as Anthony Rounds forced to falsely confess by Chicago police

Question 20

Stress on EWT- Deffenbacher et al (2004)

Answer 20

High stress negatively impacts recall and larger effect in target present than absent

Question 21

Morgan et al (2004) military study

Answer 21

Ptps detained in mock prisoner camp 12 hours. Recognition of interrogator 30% high stress, 62% low stress

Question 22

Criticism of Morgan et al (2004)

Answer 22

Interrogator working at camp

Question 23

Valentine and Mesout (2004) field study

Answer 23

Recognition of scary person in London dungeon. 75% low state anxiety (in labyrinth) 18% high state anxiety

Question 24

Misleading information- discrepancy detection

Answer 24

More likely to be accepted if witness doesn’t detect a discrepancy between the misleading information

Question 25

Trace strength

Answer 25

Effect of misleading info depends on the strength of the memory traces of the original and misleading information

Question 26

Source attribution

Answer 26

Distinguish info from original event and post-event and attribute it to the correct source

Question 27

Fuzzy trace theory

Answer 27

Memory of events may be imprecise and only a gist retained. Misleading info may be accepted if compatible with schema

Question 28

Oklahoma bombing case

Answer 28

Source confusion error of shop owners after discussions and could not recall John Doe 2

Question 29

Gabbert, Allen & Memon (2003)- source misattribution and weak trace strength:

Answer 29

Girl note in bin, steals £10. Co witnesses led to believe all saw her steal: 61% young, 67% old (age) whereas only 12% individual incorrect recall

Question 30

Sam Hallam

Answer 30

17, Hoxton, street fight & murder, convicted on 2 contradictory statements (estimator: age, time, location)

Question 31

Jill Dando

Answer 31

Celebrity, killed late on street, 4 witnesses, only 1 identified Barry George. Shared taxi from police station to court(system variable). CJS said all unified. 2007- quashed

Question 32

Kenneth Adams (innocence project)

Answer 32

18 years until exonerated, false tip from witnesses led to arrest of 4 AA’s. Gray questioned for 2 days (no legal counsel, mentally retarded, young)- 1 month later, recanted statement as she was drugged and forced to say that
Jailhouse informant tipped
Attorney Weston failed to point out time inconsistencies in EWT

Question 33

What is a crime?

Answer 33

An offence against the law. Subjective (Zedner, 2004)