eyewitness identification: witness, offender, & law enforcement attributes
DESCRIPTION
Eyewitness Identification: Witness, Offender, & Law Enforcement Attributes. Stephen J. Ross 1 , Roy S. Malpass 2 , & Kathryn M. Kase 3 1 Florida International University 2 University of Texas at El Paso 3 Texas Defender Service TCDLA 7 th Annual Forensics Seminar (2009) - PowerPoint PPT PresentationTRANSCRIPT
EYEWITNESS IDENTIFICATION:WITNESS, OFFENDER, & LAW ENFORCEMENT ATTRIBUTESStephen J. Ross1, Roy S. Malpass2, & Kathryn M. Kase3
1Florida International University2University of Texas at El Paso3Texas Defender Service
TCDLA 7th Annual Forensics Seminar (2009)Friday, October 23, 2009
WHAT THIS SEMINAR IS ABOUT…. Purpose
To provide you with information on how to evaluate case documents to assess likelihood of witness error Will educate you on what to look for in case
documents that may (and may not) be indicators of an increased likelihood of witness error.
Mere presence of any of these indicators does not mean that the witness is inaccurate But the presence may increase the likelihood of
inaccuracy.
ACQUIRE AS MUCH AS YOU CAN!! First things first Get all of the information you can
E.g., police reports, transcripts (911/hearings), surveillance tapes, composites, lineups, etc. See Notes on Preparing to Attack Eyewitness
Identification Evidence document provided. Be thorough in your investigation in order to
obtain as much information as possible. Some information (e.g., non-identification) is often not
reported/provided.
WHAT TO SEARCH THE CASE MATERIALS FOR? Witness attributes
Characteristics of the eyewitness that influence their memory & decision-making.
Environmental attributes Aspects of the witnessing event that may influence
the quality of the eyewitness’ memory. Offender attributes
Characteristics of the perpetrator that may influence eyewitness’ memory.
Law enforcement attributes General characteristics of law enforcement behavior
that may be related to likelihood of eyewitness’ error.
Specific procedural issues will be discussed in Session #3.
WITNESS ATTRIBUTES Motives & values
The witness’ motives and values may influence their willingness to identify someone from a lineup.
Examination of the witness reports & interviews may assist with uncovering these motives/values.
Is the witness motivated to “help” law enforcement? Witnesses who want to assist LEO’s may have a lower decision
criterion Leading to an increased likelihood of a false ID
May also look for “cues” from LEO to guide them to the “correct” decision
Is the witness motivated to “get the bad guy” and avenge the victim?
Witnesses that have a psychological need to find closure to the investigation may be more likely to make a false ID
Is the witness motivated to avoid making the wrong decision? Witnesses that are apprehensive about possibly identifying an innocent
individual may be more conservative with their decisions Decreases the likelihood of a false ID
WITNESS ATTRIBUTES Attributes associated with eyewitness
accuracy Cognitive/perceptual abilities Stress Alcohol/Drugs Age
WITNESS ATTRIBUTES Attributes associated with eyewitness
accuracy Cognitive/perceptual abilities
Individuals with cognitive and perceptual impairments are more likely to be inaccurate.
Cognitive impairments/Intellectual abilities Those with lower intelligence are more susceptible
to suggestive & misleading information. Perceptual abilities
Any physiological deficits associated with perceiving events will decrease witness’ ability to encode information. E.g., visual impairments
WITNESS ATTRIBUTES Attributes associated with eyewitness
accuracy Stress
Moderate levels of stress tend to enhance eyewitness memory. Orients witness to the event and increases attention.
Severe stress decreases eyewitness accuracy. More likely to provide inaccurate reports and to
make false ID. Decreases ability to encode information.
WITNESS ATTRIBUTES Attributes associated with eyewitness
accuracy Alcohol/drugs
Intoxication at the time of the event impairs memory ability. Can decrease perceptual abilities. Interferes with ability to store information.
Decreases ability to recall information at later time. Increases likelihood of false ID.
WITNESS ATTRIBUTES Attributes associated with eyewitness
accuracy Age (children, elderly)
Memory ability is fairly stable across the lifespan. Children (up to early teens):
More susceptible to suggestive questioning & misinformation.
More likely to make an ID, leading to increased likelihood of false ID.
Elderly (~60 and above): More susceptible to suggestive questioning &
misinformation. More likely to make a false ID.
WITNESS ATTRIBUTES Attributes that ARE NOT associated with
eyewitness accuracy Occupation
Police officers are no more accurate than laypersons. However, they tend to provide more useful
descriptions. Gender
Men & women do not differ in abilities. Witness/victim status
Victims & bystanders do not differ in abilities. Any difference between a victim & bystander is likely
due to other aspects of the witnessing event. E.g., increased stress, viewing distance, perpetrator-
familiarity, etc.
WITNESS ATTRIBUTES Attributes that ARE NOT associated with
eyewitness accuracy Confidence
Confidence is a weak indicator of accuracy. Confidence is easily manipulated by post-event
information. (discussed more in Session #3)
WITNESS ATTRIBUTES Attributes that ARE NOT associated with
eyewitness accuracy Inconsistency across multiple reports
Inconsistent witnesses are not necessarily inaccurate witnesses.
Accuracy of individual statements. Contradictory statements are not likely to be accurate. Forgotten & reminiscent statements are just as
accurate as consistent statements. Overall accuracy of witnesses providing inconsistent
statement(s) Providing contradictory statements on one component
does not indicate whether the witness is inaccurate on other components. Contradictory statements tell us little or nothing about the
accuracy of the rest of the witness’ testimony. Making contradictory statements is not associated with ID
errors.
ENVIRONMENTAL ATTRIBUTES Visibility
Poor lighting & obscured view reduces ability to accurately remember witnessed event.
Viewing Distance Further viewing distances reduce accuracy of witness
reports and IDs. Duration
Shorter events are associated with less accurate reports & IDs.
However, there is no optimal viewing length. Decisions on whether duration may be associated with
accuracy need to be made on a case-by-case basis. You should rely upon confirmed estimates of these
conditions. Witnesses are generally unreliable in estimating duration,
illumination, distance, etc. And investigator feedback can influence these estimates
after the fact. (more on this in Session #3)
ENVIRONMENTAL ATTRIBUTES Weapon presence
Presence of a weapon during commission of a crime reduces accuracy of witness reports & IDs. Although this is a rather “weak” effect on ID accuracy. Has more significant influence on accuracy of witness
reports. This “weapon focus effect” is not associated with
stress/anxiety. Even though a witness may deny having been “scared”
by the weapon, the weapon presence will still have likely reduced their memory for the perpetrator.
OFFENDER ATTRIBUTES Disguise
Facial configuration is more important to accurate memory than any specific facial features.
Obscuring significant features disrupts ability to encode facial configuration resulting in decreased ability to identify the face later. Disguises that obscure the upper regions of the face are
most problematic. Distinctiveness
Witnesses more likely to make false IDs when presented with “typical” faces.
However, “distinctive” faces are better remembered. E.g., those with atypical features such as birthmarks,
protruding chins, large noses, etc.
OFFENDER ATTRIBUTES Familiarity
Witnesses that are familiar with the perpetrator are generally accurate. Those that identify the perpetrator by name are rarely
erroneous. However, witnesses sometimes make errors
when identifying “familiar strangers”. E.g., a regular customer, someone from the
neighborhood, etc. Familiarity (like confidence) is also influenced by
post-event procedures. (more on this in Session #3)
OFFENDER ATTRIBUTES Race (& cross-race issues)
No ethnic group is more or less difficult to remember.
However, there is a “cross-race effect”. Witnesses are less accurate when the perpetrator is of
a different race. Less likely to correctly ID the perpetrator when
present. More likely to falsely ID an innocent individual.
Just because a witness has a lot of “contact” with an other-race group, it does not mean that s/he is immune to the CRE.
LAW ENFORCEMENT ATTRIBUTES Stage/purpose of ID procedure
The likelihood of a false ID may be influenced by the purpose of the ID procedure.
Investigator training Quality of training and the investigators’
compliance with procedures may influence eyewitness IDs.
LAW ENFORCEMENT ATTRIBUTES Stage/purpose of ID procedure
Questions regarding the validity of a positive ID should be evaluated in the context of what additional evidence linked the suspect to the crime at the time of the procedure. Was the ID procedure “confirmatory” or “exploratory?
Did other evidence lead to the suspect’s nomination?
Or was the investigator following a hunch or taking a “shot in the dark”?
Positive IDs in the absence of other incriminating evidence may be less accurate.
LAW ENFORCEMENT ATTRIBUTES Stage/purpose of ID procedure
A positive ID may have differential impact on the investigation depending on the stage/purpose of the procedure. Positive ID in an “exploratory” procedure may lead to
“tunnel vision” Active search for further incriminating evidence
against the suspect while ignoring exculpatory evidence and incriminating evidence against others.
May increase the likelihood that a mistaken ID will lead to arrest & prosecution.
NATIONAL INSTITUTE OF JUSTICE GUIDELINES & TRAINER’S MANUAL
http://www.ncjrs.org/pdffiles1/nij/178240.pdf http://www.ncjrs.org/pdffiles1/nij/188678.pdf
ACCESSING EYEWITNESS POLICIES Obtain copies of the law enforcement
policy/procedure manual related to eyewitness identification and the construction/administration of ID procedures . All jurisdictions should have these documents. Policies should address the matters discussed in
the “Guide” including: Investigator training Conducting witness interviews Construction & administration of identification
procedures Documentation of eyewitness evidence
INVESTIGATOR TRAINING Training on the conduct of these procedures
should be given at the beginning of an officer’s career, and more intensive training provided to those officers who manage the identification process. Both the first responder and the investigator
should have received training in obtaining facial identification evidence from witnesses.
The person constructing the lineup should have training in lineup construction and administration.
COMPLIANCE WITH POLICIES Evaluate case materials to determine
whether policies were followed. Contrasts between known law-enforcement
policies and what was done in the case at hand should be interesting.
Empirical & anecdotal evidence suggests that investigators have difficulty following stipulated protocol for eyewitness procedures.
Also interesting are contrasts between the procedures claimed by the administering officer and those reported by the witness(es).
WHAT IF THEY DON’T HAVE THESE POLICIES? Truth is, many jurisdictions do not have formal
policies/training on collecting eyewitness evidence. Less than half of surveyed investigators report learning
how to construct lineups from written recommendations/guidelines.
Nearly 75% stated they learned from interaction with other investigators in their station or precinct.
In these situations, the criticism for poor procedure must focus on the organization’s lack of formal training & protocol. Becomes difficult to criticize investigator if s/he
conducts improper/poor procedure, since s/he received no formal training.
With information about other jurisdictions and their policies, the absence of policy on eyewitness identification in your local jurisdiction should give you something to work with.
CONTACT INFORMATIONStephen J. Ross, Ph.D.
Department of PsychologyFlorida International University
3000 NE 151st St.North Miami, FL 33181Office: (305) 919-5864Email: [email protected]
http://www.fiu.edu/~ascl/