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Chapter 5: Crime Investigation: Witnesses
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Chapter 5
Crime Investigation: Witnesses
Questions for Class Discussion and/or Essay Examinations
DNA, in some cases, has the capability to exonerate those who have been wrongly
convicted. Your text provides a few possible reasons why DNA may not help in a
given case. What are these reasons? (Eyewitnesses to Crimes and Accidents,
Introduction)
Discuss whether wrongly convicted and imprisoned persons should be
compensated. What compensation and kinds of reparations are appropriate?
(Eyewitnesses to Crimes and Accidents, Introduction)
Explain how the phenomenon of confirmation bias can affect a police investigation.
(Examples of Mistaken Eyewitness Identification)
Describe the weapon focus effect. Under what conditions is the weapon focus effect
most likely to occur? Discuss the concept of selective attention. (Basic Information
Processing)
Psychologists divide memory into three processes: encoding, storage and retrieval.
Discuss factors that can be present during each of these processes that can affect the
accuracy of a memory. Provide an example of the relevant research. (Basic
Information Processing)
Describe how the amount of stress (low versus high) in a witnessed event can affect
memory for that event. Discuss the results of the Morgan et al. 2004 study, which
examined the effects of stress on soldiers’ ability to identify their interrogators.
(Basic Information Processing)
Discuss the relationship between memory recall and retention interval and the
effects of longer retention intervals on the ability to recall observed events (Basic
Information Processing)
Give an example of how postevent information can affect memory. (Basic
Information Processing)
Define and give an example of unconscious transference. (Basic Information
Processing)
What does it mean to say that you are using experimental methodology to
investigate eyewitness issues? State an advantage and a disadvantage of using
experimental methodology for this purpose. (Basic Information Processing)
129Chapter 5: Crime Investigation: Witnesses
11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. What does it mean to say that you’re using archival analysis to investigate
eyewitness issues? State an advantage and a disadvantage of using archival analysis
for this purpose. (Basic Information Processing)
Define system, estimator, and postdiction variables and give an example of each.
(The Variables that Affect Eyewitness Accuracy)
Discuss the other-race effect and recent actual or hypothetical examples of this
phenomenon. (The Variables that Affect Eyewitness Accuracy)
How do psychologists explain the other race effect? Provide both a cognitive and
social explanation. (The Variables that Affect Eyewitness Accuracy)
Comment on the relationship between eyewitness gender and the accuracy of lineup
identifications. (The Variables that Affect Eyewitness Accuracy)
Describe the relationship between eyewitness age and the accuracy of lineup
identifications. (The Variables that Affect Eyewitness Accuracy)
In 1999, the U.S. Department of Justice recommended new procedures for
collecting eyewitness evidence that were based on psychological research. Identify
the new procedures that the Justice Department recommended; for each, provide a
summary of the relevant research. (Reforming Identification Procedures)
Discuss the New Jersey Supreme Court’s decision in State v. Henderson (2011) and
the effects of this case on the evaluation of the reliability of eyewitness’s
identification. (Reforming Identification Procedures)
What is a cognitive interview and how does it differ from the “standard” police
interview? (Reforming Identification Procedures)
Discuss the effectiveness of cognitive interviews. Why are these kinds of interviews
effective? (Reforming Identification Procedures)
According to Chapter 5, what instruction do researchers recommend for
eyewitnesses who are viewing a lineup? (Reforming Identification Procedures)
Discuss the use of simultaneous versus sequential lineup presentation. Include the
concepts of relative versus absolute judgment in your discussion. (Reforming
Identification Procedures)
What does it mean to conduct a double-blind lineup? What are the potential
consequences of not doing a lineup in this manner? (Reforming Identification
Procedures)
130Chapter 5: Crime Investigation: Witnesses
24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. Discuss the relationship between the confidence of a memory and the accuracy of a
memory. What tends to increase an eyewitness’ confidence? How can false
confidence be prevented? (Reforming Identification Procedures)
Jurors overestimate the validity of eyewitnesses’ testimony because they do not
appear to be aware of some of the factors that may impact the accuracy of the
eyewitnesses’ memory. Name three of these factors. (The Eyewitness in the
Courtroom)
What two techniques have been proposed to help jurors become better informed
about the factors that influence eyewitness performance? (The Eyewitness in the
Courtroom)
What reasons do judges tend to give when they decide not to let expert witnesses
testify on the topic of the accuracy of eyewitness identification? (Safeguards
Against Mistaken Identification)
Describe the trial of Patrick and Thomas Hanigan. Explain why this trial is
described in Chapter 5 as a “natural experiment.” (Safeguards Against Mistaken
Identification)
What effects do cautionary instructions have on jurors’ beliefs about eyewitness
accuracy? (Safeguards Against Mistaken Identification)
Discuss the reliability of children’s eyewitness accounts (as compared to adults).
(Children as Witnesses)
If one were questioning a child witness, what features would be incorporated in a
good investigative interview? Why are suggestive questions not advised? Why
might general and more open-ended questions be more effective? (Children as
Witnesses)
Do children’s reports differ when they are questioned in different ways? If so, how?
(Children as Witnesses)
Some children experience multiple incidents of sexual abuse. What tends to happen
to children’s recall of repeated events? (Children as Witnesses)
Discuss the reminiscent effect and the role this plays in child interviews. (Children
as Witnesses)
Discuss the case of Margaret Kelly Michaels. (Children as Witnesses)
131Chapter 5: Crime Investigation: Witnesses
36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. Is suggestive questioning necessary when one wants to probe a child’s memory?
(Children as Witnesses)
How do interview bias and social influence potentially affect children’s responses
during an investigative interview? (Children as Witnesses)
How can the interests of protecting child victims and honoring the confrontation
clause of the Sixth Amendment be balanced in child sexual abuse cases? (Children
as Witnesses)
It can be very traumatic for a child to testify in a court of law. What steps have been
taken to lessen the trauma for these children? What are the advantages and
disadvantages of using these techniques? (Children as Witnesses)
Describe the study that Gail Goodman and her colleagues did to investigate the
effects of using closed-circuit television for children’s testimony. What were the
general findings? (Children as Witnesses)
Define repression and dissociation. (Repressed and Recovered Memories)
What evidence do we have that suggests that it may be possible for people to forget
horrible events that happened in childhood? Discuss the controversies around
recovered memories and “memory-focused” psychotherapy. (Repressed and
Recovered Memories)
If recovered memories are not true memories then where could they come from?
(Repressed and Recovered Memories)
The American Psychological Association appointed a group of six psychologists to
work together as a Working Group on Investigation of Memories of Childhood
Abuse. What was the result of this group’s work? (Repressed and Recovered
Memories)
How have psychologists investigated whether false memories can be implanted?
(Repressed and Recovered Memories)
What is an “imagination inflation” effect and what could cause this effect to occur?
(Repressed and Recovered Memories)
Some of the people who have “recovered” memories have been involved in court
cases. Discuss the two types of cases that have typically occurred. Discuss the
retraction of recovered memories in different cases. (Repressed and Recovered
Memories)
Discuss the case of Gary Ramona. (Repressed and Recovered Memories)
132Chapter 5: Crime Investigation: Witnesses
Suggested Activities
Class Discussion and Debate
1. 2. 3. 4. Discussion: Elizabeth Bennett has suggested the following
simulated crime exercise; she uses it to demonstrate a variety of concepts
including the fragmentary nature of memory, the effects of leading questions and
biased lineup instructions. The instructor begins this exercise by arranging to meet
a small group of students at her office before class. Once the students are present
the instructor arranges to be called away from the office for a few minutes during
which time a simulated crime is staged for the unsuspecting students (this proves
to be less unwieldy than staging a crime for the entire class). The instructor
returns and all proceed to class. The instructor then assigns the rest of the class the
job of investigating the “crime” to determine what happened. Activities can
include developing a description of the “criminal,” and staging a lineup.
Instructors interested in more information regarding this exercise are invited to
contact Beth Bennett at BBennett@washjeff.edu or at the Psychology Department
at Washington and Jefferson College, 60 South Lincoln Street, Washington, PA
15301.
Video/Discussion: In the article cited immediately below, Gee and Dyck
(1998) describe how to use a videotape clip from the movie Robocop to
demonstrate the fallibility of eyewitness memory. You can purchase this DVD
from www.amazon.com. Source: Gee, N. R., & Dyck, J. L. (1998). Using a
videotape clip to demonstrate the fallibility of eyewitness testimony. Teaching of
Psychology, 25, 138-140.
Class Discussion: In class, have students view a trial that involves the testimony of
an eyewitness. Discuss how the attorneys try to bolster and/or discredit this
testimony. How much confidence is shown by the eyewitness?
Debate: Testimony by Children Who Are the Victims or Witnessed of Violence? A
child called to testify can experience further suffering and psychological injury.
How far should the justice system go to protect children while trying to maintain
the rights of defendants? Should children be subjected to the potential trauma of
testifying in order to protect the defendant’s constitutional right to confront his or
her accuser? Does having the child testify via one-way closed-circuit television
deny the defendant’s right to confrontation? Do the answers to these questions
change when the defendant is someone that the child knows (e.g., a relative) as
opposed to someone that the child does not know?
1335. 6. 7. 8. 1. 2. 3. 4. 5. Chapter 5: Crime Investigation: Witnesses
Debate: Repressed Memories: Fact or Fiction? Have a debate on the repressed
memory issue. Possible source to aid in answering the question: “Are Repressed
Memories Real?”: For a “Yes” response by R. P. Kluft, and a “No” response by E.
F. Loftus, see Issue 8 in Nier, J. (Ed.) (2009). Taking sides: Clashing views in social
psychology (3rd ed.). Guilford, CT: Dushkin/McGraw-Hill.
Discussion: Provide students with a description of an eyewitnessed crime and
follow-up investigation, and have students break into groups and identify the
system, estimator and postdiction variables in the vignette.
Discussion: Review the different factors that judges should consider when
evaluating the reliability of an eyewitness’s identification.
Discussion: Have students observe an event in the classroom. Then have students
break into groups. Providing different scripts for guidance, have some groups
conduct a cognitive interview and the other groups conduct a traditional interview
regarding the observed event.
Research Activities and Assignments
Assignment: Students can take a self-paced course entitled “What Every Law
Enforcement Officer Should Know About DNA Evidence” in an effort to become
more familiar with this type of evidence. Go to http://dna.gov/training/letraining/
for more information.
Assignment: The National Institute of Justice held a Postconviction DNA Case
Management Symposium in January of 2009. Presenters included Barry Scheck,
Ronald Cotton and Jennifer Thompson-Cannino. Students can see the entire 2 day
symposium at http://projects.nfstc.org/postconviction/.
Assignment: Students can individually take cases from www.innocenceproject.org
and investigate what potentially led to wrongful conviction in their assigned case
and write up a short paper discussing their findings.
Assignment: Have students sign up for The Innocence Project’s email list. They
will be emailed every time someone gets exonerated! Go to
www.innocenceproject.org and pull down the “Quick Links” to “join the email
list.”
Research Activity/Writing Assignment: This activity idea comes from Garrett
Berman. Have students read chapters in Loftus and Ketcham’s Witness for the
Defense (see Suggested Readings) and find an empirical research article to support
134Chapter 5: Crime Investigation: Witnesses
each of Loftus’ contentions. Write up a summary of the research contained in each
6. 7. 8. 9. 10. 11. 12. 13. article.
Research Activity/Class Presentation: Have students present to the class cases from
Loftus and Ketcham’s Witness for the Defense (see Suggested Readings); discuss
the circumstances and investigative procedures that lead to the convictions of
innocent persons.
Research Activity/Writing Assignment: Have students look through newspaper
sources for a real-life case which involved at least one eyewitness and then, in a
paper, discuss the factors that could have influenced the eyewitness(es) in that
particular case.
Survey: Students can take The Psychology of Eyewitness Identification survey
provided in Wrightsman, Batson, and Edkins (2004). Measures of legal attitudes.
Belmont, CA: Wadsworth (pp. 177-182). They then can compare their score to that
of “experts” (scores provided). If you give this survey prior to presenting material
from Chapter 5, it provides a nice illustration of how knowledge of eyewitness
phenomena is not just common sense.
Assignment: Have students interview jurors from a recent trial that included
testimony from an eyewitness. Did the jurors feel that this testimony influenced
their opinion?
Survey: Students can take or administer the survey to assess attitudes toward the
competence of children as witnesses in sexual abuse cases. This survey is provided
in Wrightsman, Batson, and Edkins (2004). Measures of legal attitudes. Belmont,
CA: Wadsworth (pp. 133-138).
Research Activity/Writing Assignment: Have students research different cases and
published legal opinions involving the issue of eyewitness testimony and have
students prepare a short written assignment addressing the different factors the
courts used when finding the eyewitness testimony reliable or unreliable.
Assignment: Have students prepare mock juror instructions addressing the issue of
eyewitness testimony for a hypothetical case.
Survey: Have students design and administer a survey examining opinions about the
reliability of child testimony and child testimony in child abuse cases to members of
their community.
Class Speakers/Guest Lecturers
1351. 2. 3. 1. 2. 3. 4. Chapter 5: Crime Investigation: Witnesses
Speaker: Ask a police detective to come to class and respond to the
recommendations of The Justice Department for improving the administration of
lineups and photo spreads.
Speaker: Invite an expert witness who has experiencing testifying in cases involving
eyewitness testimony or repressed memories speak to the class.
Speaker: Invite an expert witness or researcher in the area of child eyewitness
testimony and child maltreatment cases present his or her research and related
experience to the class.
Media Activities
Video (DVD): Exonerated. This CBS 60 Minutes episode (airdate: 5/4/08) is a 12
minute program that re-examines cases of those in Texas who may have been
wrongly convicted. Available from www.amazon.com.
Video: The New York Times interviewed 137 of the people who had been
wrongfully convicted and then exonerated with the help of DNA. The reporters
talked with them about their lives since they left prison. Audio files of many of
these interviews are available at The New York Times website
(http://www.nytimes.com/interactive/2007/11/25/nyregion/20071125_DNAI_FEAT
URE.html).
Video (DVD): After Innocence (2007) tells the story of several who have been
exonerated by DNA. The film focuses their efforts to rebuild their lives after
exoneration. One of the writers and producers worked at the Innocence Project
while attending law school. Available from www.amazon.com.
Videos (VHS): Frontline’s video, The Case for Innocence shows how DNA
evidence which could have proved the innocence of prisoners, was ignored,
discounted or kept secret. Note that these prisoners have since been freed, and this
show has been credited with helping achieve this. Call 1-877-PBS-SHOP or go to
the website (http://www.pbs.org/wgbh/pages/frontline/shows/case/etc/tapes.html) to
order this 90 minute video (now only available for educational purposes). A
transcript of this video is also available from this website. See the Suggested
Websites section for more information. If you show this video (and it is highly
recommended), be sure to provide your students with updated information about
Clyde Charles. They will be stunned to learn that after serving a 17 year sentence,
Mr. Charles was exonerated by DNA evidence that later implicated his brother.
Clyde Charles’ updated story is also included in the Frontline video The Burden of
Innocence (see the Suggested Websites section for more information). Educational
videos are available as described above. This is also available for viewing online
(go to http://www.pbs.org/wgbh/pages/frontline/shows/burden/view/).
136Chapter 5: Crime Investigation: Witnesses
5. 6. 7. 8. 9. 10. 11. Video (DVD): The Exonerated, originally an off-Broadway play about six people
who were wrongfully convicted and later exonerated, has been made into a Court
TV movie. The original play by Jessica Blank and Erik Jensen and the movie in
DVD form are both available for purchase (both can be purchased at
www.amazon.com).
Video (DVD): A Not So Perfect Match (airdate: 4/1/2007) is a 12 minute CBS 60
Minutes episode that asks an interesting question. What happens when a DNA
match is close, but not exact? In this case, the perpetrator could be a member of the
suspect’s family. Should police be allowed to demand family members’ DNA or is it
a violation of our privacy? Available from www.amazon.com.
Video (DVD): Eyewitness. This CBS 60 Minutes episode (airdate: 3/8/09) tells the
story of Jennifer Thompson who was raped at 22. She later picked Ronald Cotton
out of a lineup; she was sure of her choice. Cotton served 11 years in prison before
DNA revealed that he was not the perpetrator of this crime. Available from
www.amazon.com.
Video (VHS): Show the video The Hurricane; it provides the “Hollywood” version
of the story of boxer Rubin “Hurricane” Carter who was accused of a triple murder
and later exonerated. Available from http://www.amazon.com.
Video (DVD): Eyewitness Testimony: Psychological Aspects (2001). This program
looks at issues relevant to the topic of the reliability of eyewitness testimony,
including the nature of constructive memory, leading questions, and the cognitive
interview. Call Films for the Humanities & Sciences at 1-800-257-5126 or visit
their website to order this 29 minute program (http://ffh.films.com/).
Video (VHS/DVD): The Study of Memory (1996). Provides a more basic
introduction to the components of memory (encoding, storage and retrieval).
Includes a video clip of a robbery to test eyewitness memory. Call Films for the
Humanities & Sciences at 1-800-257-5126 or visit their website to order this 74
minute program (http://ffh.films.com/).
Video (VHS/DVD): Show the American Justice TV series video titled Eyewitness.
This hour-long video describes four cases in which eyewitness testimony was
inaccurate (e.g., one of these cases is a good illustration of how the culprit and the
person falsely accused can look really similar to each other; another tells the story
of witnesses asked to identify someone from a “Wanted for Murder” poster). Call 1-
800-933-6249 or visit http://store.aetv.com/ to order a DVD version (Item # AAE-
73225).
13712. 13. 14. 15. 1. Chapter 5: Crime Investigation: Witnesses
Video (VHS/DVD): The story of 16-year-old Terence Garner who was charged
with armed robbery and attempted murder solely on the basis of eyewitness
testimony is retold by PBS. Call 1-877-PBS SHOP and order the Frontline episode,
An Ordinary Crime. See the Suggested Websites section for more information.
Video (VHS/DVD): When Children Accuse: Sex Crimes (1999). This 43 minute
program from ABC News revisits some of the famous juvenile sex crime cases
from the last two decades of the 90s and asks what happens when overzealous
investigators ask children suggestive questions. Go to http://ffh.films.com/ or call 1-
800-257-5126 to order.
Video (VHS/DVD): Witch Hunt: The Wenatchee Sex-Ring Case. This CBS News
Program reviews the largest sex abuse case in U.S. history. Go to
http://ffh.films.com/ or call 1-800-257-5126 to order this 23 minute program.
Video (VHS/DVD): False Memories (2000). This 51 minute video from the
Discovery Channel considers the malleability of memory. Includes commentary by
Elizabeth Loftus. Go to http://ffh.films.com/ or call 1-800-257-5126 to order.
Suggested Readings
These newspaper articles consider various intriguing topics pertinent to DNA and
the impact it can have within our legal system. These can be used to supplement
your lecture or to generate discussion (ideas for discussion are presented below).
Dooley, E. C., & Williams, E. (2005, January 6). DNA sweep begins in Truro.
The Cape Cod Times, pp. A1, A6.
Description: This newspaper articles consider various intriguing topics pertinent to
DNA and the impact it can have within our legal system. These can be used to
supplement your lecture or to generate discussion (ideas for discussion are
presented below).
Students may be surprised that “DNA sweeps” occur in this country. There have
been a few cases in which this has occurred. One such case happened in Truro, MA,
in which a single mother, Christa Worthington, was found dead in her home with
her 2-year-old child clinging to her body. DNA samples were taken from nearly
10% of the adult male population in Truro in an effort to find the culprit. A match
was made and the person who matched, Christopher McCowen, was convicted of
this crime. As of this writing, McCowan’s second request for a new trial has been
denied, and the DA has agreed to return all of the DNA samples they had collected
to solve this crime. For complete information on this case, see The Cape Cod Times
(http://www.capecodonline.com/cctimes/) (search the archives for “Worthington”).
Pernick, J. (2005, October 10). Justice delayed (and delayed, and delayed). New
138Chapter 5: Crime Investigation: Witnesses
York Times, p. B1.
Description: Students often wonder whether those who have been wrongfully
imprisoned are compensated in some way. This article takes a look at how
compensating the victims of wrongful convictions can be a very slow process if it
occurs at all.
Preston, J. (2005, April 27). After 32 years, clothing yields DNA key to dozens
of rapes. The New York Times, pp. A1, B4.
Description: Should there be a time limit for DNA evidence? Note that the greater
the delay, the more difficult it is to mount a defense.
Preston, J. (2005, November 3). For ’73 rape victim, DNA revives horror, too.
New York Times, pp. 1A, B9.
Description: This article takes a different perspective in that it considers what DNA
evidence has done for some victims who potentially have to relive the horror of a
crime many years later.
Thompson, J. (2000, June 15). I was certain, but I was wrong. The New York
Times, p. 15.
Description: In this short editorial, Jennifer Thompson talks about her rape, her
testimony stating that Ronald Cotton was the rapist, and the DNA evidence that
later proved her wrong. Jennifer Thompson was the victim profiled in the Frontline
program What Jennifer Saw which is no longer available for purchase (a 60 Minutes
program retelling this story is available—see the Suggested Activities section
above); see a book selection below and the Suggested Website section for more on
this case.
Willing, R. (2005, June 8). Suspects get snared by a relative’s DNA. USA
Today, pp. 1A, 2A.
Description: This article provides details regarding the case of Willard Brown, a
man who was sentenced to life in prison plus 10 years for the rape and murder of
Deborah Sykes. How did police get him? They did not have his DNA, but they had
his brother’s, and the DNA profiles were “remarkably similar.” The problem?
Unrelated people can have some of the same genetic markers. See the article for
more details.
Willing, R. (2005, August 17). DNA tests offer clues to suspect’s race. USA
Today, pp. 1A, 2A.
139Chapter 5: Crime Investigation: Witnesses
2. 3. 4. 5. Description: At this point, a suspect’s eye color, and heritage can be learned from
DNA, thus DNA testing can now give police an idea of what a suspect looks like.
But racial profiling is a concern.
Scheck, B., Neufeld, P., & Dwyer, J. (2003). Actual innocence: Five days to
execution and other dispatches from the wrongly convicted. New York:
Doubleday.
Description: The authors recount how they have used DNA evidence to free those
wrongly convicted.
Junkin, T. (2004). Bloodsworth: The true story of the first death row inmate
exonerated by DNA. Chapel Hill: Algonquin Books.
Cook, K. M (2008). Chasing justice: My story of freeing myself after two decades
on death row for a crime I didn’t commit. Harper.
Grisham, J. (2007). The innocent man: Murder and injustice in a small town. Dell.
Description: Each of the three books above tells a story of a man that was
wrongfully convicted and sent to death row.
Gross, S. R., Jacoby, K., Matheson, D. J., Montgomery, N., & Patil, S. (2005).
Exonerations in the United States 1989 through 2003. Journal of Criminal Law
& Criminology, 95, 523-560.
Description: Gross et al. found 340 exonerations that had taken place in the U.S.
between 1989 and 2003; in 144 cases, DNA evidence was used to exonerate. These
authors provide information regarding the rate of exonerations over time (with
DNA exonerations understandably increasing across the time period studied), and
consider the types of crimes for which exonerated defendants were convicted (96%
of the exonerations were either for murder or rape). In addition, in this review of
exonerations, Gross et al. consider other topics relevant to Chapter 5 such as
eyewitness misidentification (e.g., out of the 121 exonerations in rape cases, 88%
involved eyewitness misidentification).
For a review of state statutes and the systems currently in place to compensate
individuals who have been wrongly convicted and subsequently exonerated, see
Bernhard, A. (2004). Justice still fails: A review of recent efforts to compensate
individuals who have been unjustly convicted and later exonerated. Drake Law
Review, 52, 704-738.
Doyle, J. (2005). True witness: Cops, courts, science, and the battle against
140Chapter 5: Crime Investigation: Witnesses
misidentification. Palgrave MacMillan.
Description: This book considers topics relevant to Chapter 5, such as eyewitness
memory research and DNA exoneration.
6. 7. 8. 9. 10. Thompson-Cannino, J., Cotton, R., & Torneo, E. (2009). Picking cotton: Our
memoir of injustice and redemption. St. Martin’s Press.
Description: Tells the story of Jennifer Thompson-Cannino who, at 22, was raped.
She later, with great certainty, identified the man as Ronald Cotton. Cotton spent 11
years in prison until DNA determined he was not the perpetrator of this crime.
Cotton and Thompson-Cannino are now friends; they have written this book
together.
Loftus, L. E., & Ketcham, K. (1992). Witness for the defense. New York: St.
Martin’s Press.
Description: This is a wonderful compilation of some of Elizabeth Loftus’ cases as
an expert witness on eyewitness accuracy. Any chapter provides stimulating
material for a class lecture or student report, but the chapter that presents the case of
Steve Titus provides an unbelievably poignant example of the bad things that can
happen to innocent persons who are mistakenly identified by victims. Included in
the coverage of this case are photographs of the photo spread used in this case, so
students can see for themselves how they can be structured to lead to a specific
outcome.
Wells, G. L., & Loftus, E. F. (2003). Eyewitness memory for people and events. In
A.M. Goldstein (Ed.). Handbook of psychology, Vol. 11, Forensic psychology.
New York: John Wiley & Sons, pp. 149-160.
Description: Covers many of the topics included in Chapter 5 (e.g., misinformation
effects, planting false memories).
Ghetti, S., Schaaf, J. M., Qin, J., & Goodman, G. (2004). Issues in eyewitness
testimony. In W. T. O’Donohue & E. R. Levensky (Eds.), Handbook of forensic
psychology: Resource for mental health and legal professionals (pp. 513-554).
San Diego: Elsevier.
Description: The authors discuss issues such as stress and eyewitness accuracy, and
the relationship between the witness’ confidence and accuracy.
Loftus, E. F. (2005). Planting misinformation in the human mind: A 30-year
investigation of the malleability of memory. Learning and Memory, 12, 361-
366.
141Chapter 5: Crime Investigation: Witnesses
Description: This provides a review of the research investigating the
misinformation effect. (Note that the Disneyland and Bugs Bunny ads mentioned in
Chapter 5 appear in this article.)
11. 12. 13. 14. Wells, G., & Olson, E. A. (2003). Eyewitness testimony. Annual Review of
Psychology, 54, 277-295.
Description: Provides a review of the experimental literature relevant to eyewitness
testimony, organized using the estimator and system dichotomy.
See also:
Fulero, S. M. (2009). System and estimator variables in eyewitness identification: A
review. In D. A. Krauss and J. D. Lieberman (Eds.). Psychological expertise in
court: Psychology in the courtroom, Vol. 2. Burlington, VT: Ashgate
Publishing Co.
An issue of Psychology, Public Policy, and Law (March 2001, Volume 7, number
1) covers another factor that may need to be considered when evaluating eyewitness
identification, the “other-race” effect. The faces of one’s one race tend to be better
remembered than faces of other races. Articles include a meta-analysis of relevant
literature and a field study of own-race bias.
Wells, G. L., Malpass, R. S., Lindsay, R. C. L., Fisher, R. P., Turtle, J. W., &
Fulero, S. M. (2000). From the lab to the police station: A successful application
of eyewitness research. American Psychologist, 55, 581-598.
Description: The authors describe their experiences working with those within the
justice system to develop the U.S. Dept. of Justice’s national guide for collecting
and preserving eyewitness evidence. (See the Suggested Websites section for
information on how to obtain this guide).
Wells, G. L., Small, M., Penrod, S. J., Malpass, R. S., Fulero, S. M., &
Brimacombe, C. A. E. (1998). Eyewitness identification procedures:
Recommendations for lineups and photo spreads. Law and Human Behavior,
22, 603-647.
Turtle, J., Lindsay, R. C. L., & Wells, G. L. (2003). Best practice recommendations
for eyewitness evidence procedures: New ideas for the oldest way to solve a
case. The Canadian Journal of Police & Security Services, 1, 5-18.
Description: These papers are very good sources of information about the best
known procedures for conducting fair lineups and photo spreads.
142Chapter 5: Crime Investigation: Witnesses
15. Martire, K. A., & Kemp, R. I. (2009). The impact of eyewitness expert evidence
and judicial instruction on juror ability to evaluate eyewitness testimony. Law
and Human Behavior, 33, 225-236.
Description: These authors consider one of the topics included in Chapter 5: how
judicial instruction and expert evidence impact evaluations of eyewitness testimony.
16. Kassin, S. M., Ellsworth, P. C., & Smith, V. L. (1989). The “general acceptance” of
psychological research on eyewitness testimony: A survey of experts. American
Psychologist, 44, 1089-1098.
17. 18. 19. Description: A very useful article for class discussion because it includes a list of
research-based statements over which psychologists might testify, plus the
percentage of psychologists who agree with each.
Also note that in light of the new Daubert rules, a more recent survey of experts has
been conducted:
Kassin, S. M., Tubb, V. A., Hosch, H. M., & Memon, A. (2001). On the “general
acceptance” of eyewitness testimony research: A new survey of the experts.
American Psychologist, 56, 405-416.
Bottoms, B. L., Kovera, M. B., & McAuliff, B. (Eds.). (2002). Children, social
science, and the law. New York: Cambridge University Press.
Description: Presents information on many of the topics covered in Chapter 14
including children’s eyewitness memory, procedural innovations in child abuse
proceedings, and the competence of the juvenile defendant.
Goodman, G. S. (2005). Wailing babies in her wake. American Psychologist, 60,
872-881.
Description: With a focus on her own work, Goodman provides a review of
research concerning several of the topics discussed in Chapter 14 (e.g., children’s
eyewitness memory and suggestibility, experiences of child witnesses within the
legal system).
Ceci, S. J., & Bruck, M. (1993). Suggestibility of the child witness: A historical
review and synthesis. Psychological Bulletin, 113, 403-439.
Description: The authors discuss cases that relied entirely on the testimony of
children. Also see the 1995 book by these authors, Jeopardy in the Courtroom: A
Scientific Analysis of Children’s Testimony. Washington, DC: American
Psychological Association.
Other possible sources:
143Chapter 5: Crime Investigation: Witnesses
20. 21. 22. 23. 24. Bruck, M., & Ceci, S. J. (1999). The suggestibility of children’s memory. Annual
Review of Psychology, 50, 419-439.
Bruck, M., & Ceci, S. J. (2004). Forensic developmental psychology: Unveiling
four common misconceptions. Current Directions in Psychological Science, 13,
220-232.
Bruck, M., & Ceci, S. J. (2009). Reliability of child witnesses’ reports. In K. S.
Douglas, J. L. Skeem, & S. O. Lilienfeld (Eds.). Psychological science in the
courtroom: Consensus and controversy. NY: Guilford Press.
Quas, J. A., Thompson, W. C., Alison, K., & Stewart, C. (2005). Do jurors “know”
what isn’t so about child witnesses? Law and Human Behavior, 29, 425-503.
Description: In an effort to address the question, are expert witnesses needed in
child sexual abuse cases, the authors surveyed jurors and jury-eligible students and
compared what they know to what researchers know about children’s memory and
related issues.
The first issue of Psychology, Public Policy and Law (Number 2, June, 1995)
includes the amicus brief for the case of State of New Jersey v. Margaret Kelly
Michaels presented by a Committee of Concerned Social Scientists with
commentary articles by various authors.
Hall, S. R., & Sales, B. D. (2008). Courtroom modifications for child witnesses:
Law and Science in forensic evaluations. Washington, DC: American
Psychological Association.
Description: Reviews a variety of courtroom modifications that do and do not raise
confrontation clause concerns.
Jones, M. (September 19, 2004). Who was abused? The New York Times Magazine,
77-81.
Description: Chapter 5 presents information regarding potential problems with the
accuracy of witness accounts when suggestive questioning and other suggestive
interviewing techniques are used. This article profiles those who were part of the
“abuse-hysteria generation” and now, as grown-ups, are haunted by the knowledge
that the abuse never occurred.
Many references are available on the topic of repressed/recovered memories. Here
are a few recommended selections:
The entire December 1998 issue of Psychology, Public Policy, and Law (Volume 4,
Number 4) is devoted to a report of the American Psychological Association
Working Group on Investigation of Memories of Childhood Abuse. For more on the
current discourse pertaining to the topic of memories of childhood abuse, see this
144Chapter 5: Crime Investigation: Witnesses
issue. The report also contains reviews of the literature on trauma and memory and
presents recommendations for future training and research.
Brainerd, C., & Reyna, V. (2005). The science of false memory. New York: Oxford
University Press.
Description: This book explores four major topics: theories of false memory, adult
experimental psychology of false memory, false memory in legal contexts and false
memory in psychotherapy.
Ewing, C. P., & McCann, J. T. (2006). Minds on Trial: Great cases in law and
psychology. New York: Oxford University Press.
Description: See the chapter on Gary and Holly Ramona for more on this case.
Johnston, M. (1999). Spectral evidence: The Ramona case: Incest, memory, and
truth on trial in the Napa Valley. Westview Press.
Description: This provides a detailed, easy-to-read description of Gary Ramona’s
suit against the psychotherapists who uncovered his daughter’s recovered memories
of incest. Both sides are presented.
Loftus, E., & Ketcham, K. (1996). The myth of repressed memory: False memories
and allegations of sexual abuse. New York: St. Martin’s Press.
Description: An easy-to-read presentation on the topic of repressed memories. The
title of this book clearly summarizes Loftus’ position.
Pezdek, K., & Banks, W. (1996). The recovered memory/false memory debate. New
York: Academic Press.
Description: Provides a variety of views within the current debate.
Porter, S., Yuille, J. C., & Lehman, D. R. (1999). The nature of real, implanted, and
fabricated memories for emotional childhood events: Implications for the
recovered memory debate. Law and Human Behavior, 23, 517-537.
Description: Authors of this article provide evidence that it is possible to remember
a highly emotional event that never occurred.
Tsai, A. C., Morsbach, S. K., & Loftus, E. F. (2004). In search of recovered
memories. In W. T. O’Donohue & E. R. Levensky (Eds.), Handbook of forensic
psychology: Resource for mental health and legal professionals (pp. 555-577).
San Diego: Elsevier.
Description: Reviews the legal history of repression, the scientific evidence for
145Chapter 5: Crime Investigation: Witnesses
repression and the evidence on false memory creation. The authors finish the
chapter with suggestions for practitioners and researchers.
25. Davis, D., & Loftus, E. F. (2009). The scientific status of “repressed” and
“recovered” memories of sexual abuse. In K. S. Douglas, J. L. Skeem, & S. O.
Lilienfeld (Eds.). Psychological science in the courtroom: Consensus and
controversy. NY: Guilford Press.
Description: Good source of information regarding empirical tests of the existence
of repressed memories, specifically of child sexual abuse.
Krähenbühl, S., Blades, M., Eiser, C.. (2009). The effect of repeated questioning on
children’s accuracy and consistency in eyewitness testimony. Legal and
Criminological Psychology, 14(2), 263-278.
Description: This study evaluated the effects of repeated questioning and the length
of time between repeated questions on the accuracy of children’s responses
regarding an observed event. Results suggest repetition and time interval did not
affect responses to answerable or known questions, but decreased the accuracy of
unanswerable or unknown questions.
26. Cederborg, A. C., Alm, C., Lima da Silva Nises, D., & Lamb, M. E. (2012).
Investigative interviewing of alleged child abuse victims: An evaluation of a new
training programme for investigative interviewers. Police Practice and Research ,
1-13.
Description: This article evaluates the effectiveness of a training program for
investigators conducting investigative interviews with children who were suspected
victims of physical abuse.
For information about the American Professional Society on the Abuse of
Children’s Guidelines for conducting forensic interviews in cases of suspected child
27. abuse, see: http://www.apsac.org/practice-guidelines.
Bradfield Douglas, A., Neuschatz, J. S., Umrich, J., & Wilkinson, M. (2010).
Does post-identification feedback affect evaluations of eyewitness testimony
and identification procedures? Law and Human Behavior, 34(4), 282-294.
Description: This article reviews two studies which evaluated the effects of post-
identification feedback on eyewitness testimony and eyewitness’s confidence in
their identifications. Results suggest that eyewitnesses who receive positive
feedback about their identifications appear more accurate and confident.
146Chapter 5: Crime Investigation: Witnesses
See also:
Paiva, M., Berman, G. L., Cutler, B. L., Platania, J., & Weipert, R. (2011). Influence
of confidence inflation and explanations for changes in confidence on
evaluations of eyewitness identification accuracy. Legal and Criminological
Psychology, 16(2), 266-276.
Description: This study examined students’ perceptions of immediate and inflated
confidence of eyewitnesses and whether students’ reliance on confidence varies as
a function of the explanations given by the eyewitness for his or her inflated
confidence.
1. Suggested Websites
Go to the Oyez website (www.oyez.org) for more information about the following
Supreme Court cases:
Coy v. Iowa (1988)
Maryland v. Craig (1990)
2. The Innocence Project at the Benjamin N. Cardozo School of Law was created by
Barry C. Scheck and Peter J. Neufeld in 1992. This Project handles cases where
postconviction DNA testing of evidence can yield conclusive proof of innocence.
The Innocence Project, is responsible for, as of this writing, the exoneration of 248
wrongly convicted prisoners. Read more about these cases and the Innocence
Project by visiting http://www.innocenceproject.org/.
3. Visit
4. http://www.innocenceproject.org/docs/Innocence_Project_Compensation_Report.p
df to see the Innocence Project’s recent report on compensation: Making up for lost
time: What the wrongfully convicted endure and how to provide fair compensation.
The New York Times did a series on the lives of those who have been exonerated by
DNA. Visit http://www.nytimes.com/2007/11/25/us/25jeffrey.html and
http://www.nytimes.com/2007/11/25/us/25dna.html to read about their experiences.
1475. 6. 7. 8. 9. 10. 11. 12. Chapter 5: Crime Investigation: Witnesses
An article in The New York Times shows how DNA exonerations have brought
change to the legal system. Visit the following website to see this article:
http://www.nytimes.com/2007/10/01/us/01exonerate.html?fta=y. Also see
http://www.nytimes.com/2007/10/18/nyregion/18dna.html?fta=y to read about what
New York is doing (or not doing) to prevent wrongful convictions.
Visit http://www.justicedenied.org/ to see Justice Denied, the magazine for the
wrongly convicted. All issues are available online. The Justice Denied website also
has links to many personal websites for those falsely accused (see the page located
at http://justicedenied.org/weblinks.htm).
The President’s DNA Initiative includes case studies and a short history of the use
of DNA evidence; see http://www.dna.gov/.
Students can solve a mystery by creating a DNA fingerprint online! Visit
http://www.pbs.org/wgbh/nova/sheppard/analyze.html to participate. This
demonstration takes about five minutes; each step is explained along the way (note
that if you make a mistake, you have to start over from the beginning).
The Frontline site What Jennifer Saw examines eyewitness error and how DNA
evidence is being used to reverse wrongful convictions
(http://www.pbs.org/wgbh/pages/frontline/shows/dna/). Interviews and
commentaries from experts in DNA (e.g., Barry Scheck) and memory (e.g.,
Elizabeth Loftus) are included at this site. This site is particularly recommended as
an illustration of how the witness’ confidence should not be used as an indication of
the witness’ accuracy (see the interview with the victim, Jennifer Thompson, for
information regarding her level of confidence). Note that the PBS videotape of
What Jennifer Saw is no longer available for purchase.
The Frontline episode The Case for Innocence details the use of DNA evidence; it
has a website (http://www.pbs.org/wgbh/pages/frontline/shows/case/) which
includes updated information regarding the prisoners profiled in this report as well
as an interview with Barry Scheck, co-founder of The Innocence Project which has
successfully exonerated prisoners using DNA evidence.
The Frontline episode The Burden of Innocence also has a website
(http://www.pbs.org/wgbh/pages/frontline/shows/burden/). This site includes
information regarding the five prisoners profiled in this report (this includes an
update on Clyde Charles who is also profiled in Frontline’s The Case for
Innocence).
Northwestern University School of Law’s Center on Wrongful Convictions
(http://www.law.northwestern.edu/wrongfulconvictions/) includes information on
those who have been exonerated (a state-by-state list is included).
148Chapter 5: Crime Investigation: Witnesses
13. 14. 15. 16. 17. 18. 19. 20. The Frontline episode, An Ordinary Crime, tells the story of 16-year-old Terence
Garner who was charged with armed robbery and attempted murder solely on the
basis of eyewitness testimony. Read more about this case at the following website
(http://www.pbs.org/wgbh/pages/frontline/shows/ordinary/).
The American Psychology-Law Society has a website
(http://www.ap-ls.org/links/publishingEyewitness.html) that lists published research
in eyewitness memory/testimony.
Many have websites with information relevant to eyewitness memory. Try Gary
Wells’ site (http://www.psychology.iastate.edu/faculty/gwells/homepage.htm),
Elizabeth Loftus’ site (http://www.seweb.uci.edu/faculty/loftus/), and the
Eyewitness Identification Research Laboratory site at The University of Texas at El
Paso (home to Roy Malpass and Chris Meissner among others)
(http://eyewitness.utep.edu/) for a wealth of information on eyewitness
identification phenomena (e.g., full text of journal articles).
Chris Meissner’s website includes experimental stimuli that he and his colleagues
have used in cross-racial face recognition research (i.e., head shots) and in verbal
overshadowing research (e.g., stimuli includes video of a theft at a bake sale).
Researchers who are interested in using these materials are invited to download the
provided stimuli from the website (http://iilab.utep.edu/stimuli.htm).
For a listing of different publications addressing the issue of cross race
identification bias, or the race effect see http://eyewitness.utep.edu/race.html
The United States Department of Justice (DOJ) published a guide for law
enforcement officers on how to collect and preserve eyewitness evidence. This
guide is available online. To view this document in its entirety, you can download
the Adobe Acrobat graphic file available from the DOJ website
(http://www.ojp.usdoj.gov/nij/pubs-sum/178240.htm).
Elizabeth Loftus and Jonathan Schooler both gave lectures at San Francisco’s
Exploratorium during a series on Memory Myths, Malleabilities, and Madness: A
Question of Trauma, Truth, and Testimony (see the Exploratorium website at
http://www.exploratorium.edu/memory/loftusandschooler.html). Loftus describes a
variety of cases in which repressed memories have been said to play a role (e.g., the
Franklin case) and talks about her research that indicates that it is possible to plant
false childhood memories. Schooler talks about discovered memory experiences
and their correspondence to actual events. Loftus’ and Schooler’s lectures are part
of a lecture series on memory that was held at the Exploratorium—all of these
lectures are available through the Exploratorium “Memory” site archives.
The Frontline episode entitled The Child Terror has a website (the video is no
longer available) (see http://www.pbs.org/wgbh/pages/frontline/shows/terror/)
149Chapter 5: Crime Investigation: Witnesses
21. which reviews the cases of Harold Grant Snowden (a police officer accused of
molesting preschoolers who were in his wife’s care) and Bobby Fijnje (a 14-year-
old accused of subjecting numerous children in his church daycare center to
repeated sexual and satanic rituals). In both the Snowden and Fijnje cases,
prosecutors used the “Miami Method,” a “new” way that these Miami officials had
devised to win convictions in child sexual abuse cases. This method included
videotaping interviews with the children, using expert testimony at trial together
with physical evidence, and obtaining statements from multiple child witnesses.
There was later criticism regarding the interviewing techniques used by those
interviewing the children. This site includes video excerpts of an interview with one
of the child witnesses in the case against Harold Snowden (a full transcript of the
interview is also provided); this site also includes Stephen Ceci’s commentary on
portions of the same interview. The provided interview can be used to illustrate the
effects of leading questioning.
The Frontline website entitled Innocence Lost: The Plea covers the Little Rascals
Day Care Center case (the video of this program is no longer available). This
website includes excerpts from the children’s testimony as well as passages from
the closing arguments of the defense and prosecution. Also includes excerpts from a
variety of pertinent readings (e.g., Ceci and Bruck’s (1995) Jeopardy in the
Courtroom). As above, the effects of leading questions can be considered. Visit
(http://www.pbs.org/wgbh/pages/frontline/shows/innocence/) for more information.
http://www.pbs.org/wgbh/pages/frontline/shows/innocence/readings/childwitnesses.
html
22. 23. 24. The False Memory Syndrome Foundation (FMSF) (http://www.fmsfonline.org/)
was created in 1992 and currently serves as a clearinghouse of information and as a
catalyst for discussion and research about the specific claims that have formed the
basis of the false memory debate. The site includes FMSF newsletters, a section on
hypnosis, and retractor’s stories.
The False Memory Lab at The University of Arkansas maintains a list of references
pertinent to false memories and eyewitness testimony. Visit their website at
http://comp.uark.edu/~lampinen/biblio.html to see this list.
For a discussion of the controversy surrounding recovered memories of child abuse
and a review of different evidentiary issues and cross-examination strategies for
witnesses with recovered memories of abuse, see the website:
http://kspope.com/memory/repweb2a.php. This site also provides numerous
citations for references on this topic.
25. For a recent article addressing child eyewitness testimony and the factors affecting
the credibility of such testimony, see the website:
http://abcnews.go.com/Primetime/Health/story?id=965740&page=1#.UE2Ojt2PV6I
150Chapter 5: Crime Investigation: Witnesses
and review the story entitled, “Just How Credible is a Child Eyewitness.”
26. The different issues surrounding the use and potential fallibility of police line-ups
have been noted by many. For a recent story suggesting that police line-ups
encourage and result in mistaken identification see
http://www.usatoday.com/news/nation/2002-11-25-police-lineups-cover-usat_x.htm
27. The Child Witness Project is a program in Ontario, Canada, which serves child and
other vulnerable witnesses and works with them to communicate evidence to the
court without being traumatized by the process of being a witness. The program
takes police referrals for children and adolescents who may need to testify in a
criminal case and provides education, teaches different coping strategies and
provides support and advocacy to these individuals as they prepare for and provide
testimony. More information can be found at:
http://www.lfcc.on.ca/cwp.htm
29. 28. For a discussion about the accuracy of visual memories and the reliability of eyewitness
testimony,
see: http://www.cbsnews.com/2100-18560_162-4848039.html — 2009.
The Reliability of Eyewitness Testimony Under Scrutiny: Listen to the author of
Convicting the Innocent: Where Criminal Prosecutions Go Wrong, the deputy
attorney general of New Jersey and a professor of psychology from Iowa State
University discuss a 2011 ruling by the New Jersey Supreme Court, which makes it
easier for defendants to question the credibility of eyewitness testimony in criminal
cases. This recent decision is part of an ongoing debate about the role eyewitness
testimony plays in criminal proceedings. See:
http://www.npr.org/2011/08/29/140039620/reliability-of-eyewitness-testimony-
under-scrutiny.
Test Bank
Multiple Choice Questions
According to the National Registry on Exonerations, between the years of 1989 and
2012, _______percent of documented exonerations for rapes and robberies involved
mistaken eyewitness identifications.
A.80%
B.50%
C.30%
D.20%
Answer: A 1. Reference: Eyewitnesses to Crimes and Accidents,
Introduction
1512. 3. 4. 5. Chapter 5: Crime Investigation: Witnesses
The Innocence Project has found that mistaken identification accounts for more
wrongful convictions than
A. false confessions.
B. defective science.
C. problems with snitches.
D. all of the above
Answer: D Reference: Eyewitnesses to Crimes and Accidents,
Introduction
______________are the leading cause of wrongful convictions, particularly in cases
of robbery and sexual assaults.
A. False confessions
B. Lost and/or lack of evidence
C. Eyewitness errors
D. None of the above
Answer: C Reference: Examples of Mistaken Eyewitness
Identification
Sometimes police just look for evidence that implicates a suspect that has been
identified by an eyewitness and stop investigating any other leads. This situation is
an illustration of
A. illusory correlation.
B. confirmation bias.
C. police attention outlook.
D. none of the above
Answer: B Reference: Examples of Mistaken Eyewitness
Identification
The cases of Calvin C. Johnson and Cornelius Dupree provide examples of
_________________________, or cases in which the police stop investigating other
leads and focus only developing evidence against the suspects identified by
eyewitnesses and believed to be guilty.
A. confirmation bias
B. prosecutorial discretion
C. police officer discretion
D. none of the above
Answer: A Reference: Examples of Mistaken Eyewitness
Identification
152Chapter 5: Crime Investigation: Witnesses
6. 7. 8. 9. Only ____ states have laws that compensate individuals who were wrongly
imprisoned.
A.10
B.12
C.27
D.37
Answer: C Reference: Examples of Mistaken Eyewitness
Identification
Mistakes in the identification process typically occur
A. during the investigation of a crime.
B. at the moment a crime is committed.
C. Both A and B
D. only when certain environmental factors are present.
Answer: C Reference: How Mistaken Eyewitness Identifications
Occur
Last night Laura was robbed at gunpoint. When asked to describe the perpetrator,
she found that all she could remember was the gun and not the way the perpetrator
looked. Which of the best following describes this circumstance?
A. forced weapon encoding
B. weapon present effect
C. weapon attention effect
D. weapon focus effect
Answer: D Reference: Basic Information Processing
_________________________ is when someone unconsciously selects the
information he or she will focus on and process most likely because of having a
limited attentional capacity and an inability to process a lot of information at one
time.
A. Confirmation bias
B. Selective attention
C. Repressed memories
D. None of the above
Answer: B Reference: Basic Information Processing
15310. 11. 12. 13. 14. Chapter 5: Crime Investigation: Witnesses
Bob was attacked by a drunken man with a knife. According to information
presented in Chapter 5, it is possible that the presence of this weapon affected Bob’s
memory of
A. the perpetrator’s face.
B. what the perpetrator said.
C. the knife.
D. both A and B
Answer: D Reference: Basic Information Processing
The presence of a weapon during the witnessing of a crime often affects
A. attention and recall.
B. auditory processing.
C. language comprehension.
D. all of the above
Answer: D Reference: Basic Information Processing
During an extremely stressful situation, how is encoding affected?
A. It becomes more accurate.
B. It is often incomplete.
C. It gets more thorough and detailed.
D. It is not affected, but storage and retrieval are.
Answer: B Reference: Basic Information Processing
In one study of soldiers’ ability to make eyewitness identifications after being
exposed to varying levels of stress in an interrogation, only ______ percent of
soldiers who experienced high stress were able to make correct identifications.
A. 17%
B. 25%
C. 34%
D. 52%
Answer: C Reference: Basic Information Processing
Diane was the sole witness to a crime. After witnessing the crime, she talked with
her husband and her co-workers about what she saw. According to Chapter 5, these
discussions potentially can taint her memory of the crime event for it can
154Chapter 5: Crime Investigation: Witnesses
A. introduce her to those who saw the crime from a different vantage point.
B. depress her.
C. decrease the chance of her talking to the police about what she saw.
D. introduce post-event information that may alter her memory for the original
event.
Answer: D Reference: Basic Information Processing
15. 16. 17. 18. In one of Loftus’ studies, a first group of subjects was asked how fast the car was
going “when it ran the stop sign” while a second group was asked how fast the car
was going “when it turned right.” When later asked if they had seen a stop sign
A. B. C. D. 75% of the first group said yes; 53% of the second group said yes.
53% of the first group said yes; 35% of the second group said yes.
37% of the first group said yes; 35% of the second group said yes.
14% of the first group said yes; 34% of the second group said yes.
Answer: B Reference: Basic Information Processing
Meta-analyses of 53 studies showed that the longer the retention interval,
A. the less memory loss for previously-seen faces.
B. C. the more memory loss for previously-seen faces.
there is no change in memory for previously-seen faces.
D. none of the above
Answer: B Reference: Basic Information Processing
A robbery occurs at a liquor store. The clerk identifies the defendant in a police
lineup. The defendant claims he had been in the store earlier to get change, but had
not robbed the store. If the defendant is telling the truth, the clerk’s identification
would reflect
A. unconscious dreaming.
B. a confabulation.
C. extreme suggestibility.
D. unconscious transference.
Answer: D Reference: Basic Information Processing
A researcher had one group of study participants witness a staged crime in which an
older perpetrator stole items from a desk. A second group of study participants
155Chapter 5: Crime Investigation: Witnesses
witness a staged crime in which a younger perpetrator stole the same items from the
desk. After witnessing the crime, the witnesses are asked to report what they saw.
The value of doing an experiment and controlling what is presented is that the
researcher knows exactly what the witnesses saw. This is called
A. hit rate.
B. ground truth.
C. ecological.
D. system variables.
Answer: B Reference: Basic Information Processing
19. System variables are
20. 21. 22. A. systematic.
B. uncontrollable.
C. controllable.
D. unsystematic.
Answer: C Reference: Variables that Affect Eyewitness Accuracy
Which of the following would be considered an estimator variable in the dichotomy
of eyewitness identification variables provided by Gary Wells?
A. line-up instructions
B. photo spread composition
C. lighting conditions at the time of the crime
D. none of the above
Answer: C Reference: Variables that Affect Eyewitness Accuracy
Which of the following would be considered a postdiction variable?
A. the line-up instructions
B. the photo spread composition
C. the lighting conditions at the time of the crime
D. the confidence that a witness feels
Answer: D Reference: Variables that Affect Eyewitness Accuracy
The other race effect refers to the idea that
A. eyewitnesses are usually better at recognizing and identifying members of their
own race or ethnic group than members of another race or ethnic group.
156Chapter 5: Crime Investigation: Witnesses
B. those selecting a jury should strive to have jurors who are the same race or
ethnicity as the defendant.
C. those creating a line-up should make sure that all the distractors (i.e., non-
suspects) are not of another race from the stated race of the suspect.
D. eyewitnesses are usually worse at recognizing and identifying members of their
own race or ethnic group than members of another race or ethnic group.
Answer: A Reference: Variables that Affect Eyewitness Accuracy
23. 24. 25. __________________________________ refers to the differences between faces of
one race and faces of another race in terms of the variability in facial features.
A. Physiognomic variability
B. Dermatological variability
C. Facial recognition variability
D. Racial feature variability
Answer: A Reference: Variables that Affect Eyewitness Accuracy
For a white eyewitness to correctly identify a black culprit, those who provide a
cognitive interpretation of the other race effect, a physiognomic variability
approach, might suggest that the eyewitness
A. focus on encoding the culprit’s hair color.
B. focus on encoding the culprit’s skin tone.
C. focus on encoding the culprit’s eye color.
D. all of the above
Answer: B Reference: Variables that Affect Eyewitness Accuracy
Which of the following represents social psychologists’ explanation for the other
race effect?
A. the social diversity theory
B. in-group/out-group differences
C. physiognomic variability
D. the ethnicity fallacy
Answer: B Reference: Variables that Affect Eyewitness Accuracy
15726. 27. 28. 29. Chapter 5: Crime Investigation: Witnesses
According to the in-group/out-group differences hypothesis, when we encounter
someone from the same race or ethnic group as ourselves, we immediately devote
our attention to distinguishing that person from other members of the in-group. This
is an explanation of why we tend to be
A. incapable of seeing the differences between our ethnic group or race and others.
B. better at identifying those within our own ethnic group or race than those from
other races or ethnic groups.
C. likely to have an easier time identifying those from another ethnic group or race
than those of our own.
D. extremely confident when identifying members of our own ethnic group or race.
Answer: B Reference: Variables that Affect Eyewitness Accuracy
Which of the following is true?
A. Current evidence suggests that women as opposed to men are much more likely
to make accurate eyewitness identifications.
B. Current evidence suggests that men as opposed to women are much more likely
to make accurate eyewitness identifications.
C. Current evidence suggests that neither gender is superior to the other with regard
to making accurate eyewitness identifications.
D. None of the above is true as surprisingly, researchers have not yet investigated
this topic.
Answer: C Reference: Variables that Affect Eyewitness Accuracy
Recent research suggests that women are ____________ at recognizing male faces
than female faces.
A. better
B. worse
C. equally poor
D. just as good
Answer: B Reference: Variables that Affect Eyewitness Accuracy
Which of the following is a true statement regarding how the age of an eyewitness
tends to impact lineup identifications?
A. Older adults and young children are more likely to make a mistaken
identification in a lineup in which the perpetrator is absent than young and
middle-aged adults.
158Chapter 5: Crime Investigation: Witnesses
B. Older adults and young children are less likely to make a mistaken identification
in a lineup in which the perpetrator is absent than young and middle-aged adults.
C. Older adults and young children do not perform as well as younger adults when
the perpetrator is present in the lineup.
D. Young adults routinely outperform older adults and young children on
eyewitness tasks involving lineup identification.
Answer: A Reference: Variables that Affect Eyewitness Accuracy
30. 31. 32. The cognitive interview that emphasizes context reinstatement would not involve
A. follow-up questions.
B. hypnotizing the victim.
C. having the victim recall the events in backward order.
D. telling the victim to remember the emotion he or she was feeling.
Answer: B Reference: Reforming Identification Procedures
State v. Henderson (2011) relied on social science research when
A. identifying the factors judges should consider when evaluating an eyewitness
identification.
B. C. concluding hypnosis is appropriate during eyewitness interviews.
outlining the required criteria for line-up procedures.
D. ruling hypnotized identifications are inherently unreliable.
Answer: A Reference: Reforming Identification Procedures
Results of a meta-analysis of 65 experiments examining the effectiveness of the
cognitive interview suggest the cognitive interview
A. diminishes the likelihood of correct recall.
B. increases correct recall.
C. increases correct recall, but also increases the recall of incorrect details.
D. decreases recall of incorrect details and increases correct recall overall.
Answer: C Reference: Reforming Identification Procedures
15933. 34. 35. 36. Chapter 5: Crime Investigation: Witnesses
Researchers recommend that a person conducting a lineup should tell the witness
that the culprit may or may not be present in the lineup. Without this instruction,
what tends to happen?
A. False identifications tend to increase.
B. The eyewitness may feel that they must choose someone.
C. The eyewitness tends to choose the person who most resembles the person they
witnessed.
D. all of the above
Answer: D Reference: Reforming Identification Procedures
According to Chapter 5, what is the recommendation regarding the selection of
fillers for a lineup?
A. Do not put more than 6 people (5 fillers and the suspect) in a lineup.
B. Have all members (fillers and the suspect) of the lineup match the witness’s
description.
C. All fillers should sound similar to the suspect.
D. Fillers should be those who are well versed in lineup procedures.
Answer: B Reference: Reforming Identification Procedures
According to information presented in Chapter 5, researchers have found that one of
the following is preferable for lineups in most situations. Which one?
A. sequential presentation
B. simultaneous presentation
C. elimination lineup
D. showup
Answer: A Reference: Reforming Identification Procedures
In a meta-analysis comparing simultaneous and sequential presentations in line-up
procedures, mistaken identifications were reduced by about ________ when
presentations were _______________________ and correct identifications were
reduced by ________ when presentations were __________________________.
A. 22%, sequential; 8%, sequential
B. 8%, simultaneous; 22%, simultaneous
C. 22%, sequential; 8%, simultaneous
16037. 38. 39. 40. Chapter 5: Crime Investigation: Witnesses
D. 8%, simultaneous; 22%, sequential
Answer: A Reference: Reforming Identification Procedures
In a simultaneous presentation lineup _________________ is used, while in a
sequential presentation lineup ___________________ is used.
A. relative judgment; absolute judgment
B. absolute judgment; relative judgment
C. precision judgment; discrepancy judgment
D. discrepancy judgment; precision judgment
Answer: A Reference: Reforming Identification Procedures
Greg is viewing a lineup with simultaneous presentation. He had told police that the
person he saw commit the crime is white with light color hair. When presented
with six white people in his lineup, he chooses the person who has the lightest
color hair in the group. How would we best characterize this judgment?
A. It is an absolute judgment.
B. It is a precision judgment.
C. It is a relative judgment.
D. It is a discrepancy judgment.
Answer: C Reference: Reforming Identification Procedures
A line-up procedure in which the police officers administrating the line-up and the
eyewitness making the identification are both unaware of the potential suspect would
reflect
A. experimenter bias.
B. a double-blind procedure.
C. an unreliable identification procedure.
D. none of the above
Answer: B Reference: Reforming Identification Procedures
Thomas is the victim of a crime, and he has been called down to the police station to
view a lineup. After some thought, he chooses the fourth person from the left. The
detective administering the lineup says, “Good, we thought that was the one.”
According to research presented in Chapter 5, what is the likely result of this
confirming feedback?
161Chapter 5: Crime Investigation: Witnesses
41. 42. 43. A. Thomas is more willing to testify at the trial.
B. C. Thomas now sees this person’s face more clearly in his memories of the crime.
Thomas feels more confident about his identification.
D. all of the above
Answer: D Reference: Reforming Identification Procedures
Research tends to show that the relationship between the accuracy of an eyewitness’
testimony and the eyewitness’ confidence or certainty is
A. relatively strong.
B. relatively weak.
C. strong when the eyewitness is a female and weak when the eyewitness is a male.
D. strong only when the eyewitness was under stress while observing the crime.
Answer: B Reference: Reforming Identification Procedures
Which of the following is an effective way to eliminate false confidence in
eyewitness identifications?
A. asking the witness to provide a statement of certainty before the lineup
administrator provides any feedback
B. using unbiased lineup instructions
C. using similar looking fillers in a lineup
D. using sequential, not simultaneous presentation, in a lineup
Answer: A Reference: Reforming Identification Procedures
Which of the following was found by Brewer and Burke (2002) to have a strong
impact on jurors’ verdict decisions?
A. the witness’ level of anxiety
B. the witness’ level of confidence
C. whether the witness was a victim or an observer (observer is better)
D. whether the witness was hypnotized
Answer: B Reference: Reforming Identification Procedures
44. Research suggests jurors overestimate eyewitness accuracy because
A. B. C. they assume eyewitnesses are accurate and have credible memories.
they believe eyewitness testimony reflects memory quality, not questioning or
line up procedures.
they trust eyewitness’s over-confidence in their identifications.
162Chapter 5: Crime Investigation: Witnesses
45. D. all of the above
Answer: D Reference: The Eyewitness in the Courtroom
Loftus (1974) gave subjects a description of an armed robbery. Eighteen percent
presented with only circumstantial evidence convicted the defendant. When an
eyewitness’ identification was provided in addition to the circumstantial evidence,
what percentage convicted the defendant?
A. 18% of the jurors convicted him
B. C. 25% of the jurors convicted him
42% of the jurors convicted him
D. 72% of the jurors convicted him
Answer: D Reference: The Eyewitness in the Courtroom
46. 47. 48. Which of these is not a reason given by judges when they decide not to let
psychologists testify as expert witnesses regarding the accuracy of eyewitness
identification?
A. The testimony psychologists would give is just common sense.
B. C. The testimony would make jurors skeptical of all eyewitnesses.
It could lead to a “battle of experts.”
D. For courtroom testimony, expert witnesses require a medical degree, and
psychologists do not have this degree.
Answer: D Reference: Safeguards Against Mistaken Identification
The Telfaire instruction has been found to ______________ mock jurors’ sensitivity
to eyewitness evidence.
A. increase
B. decrease
C. not affect
D. The Telfaire instruction does not address eyewitness evidence.
Answer: B Reference: Safeguards Against Mistaken Identification
According to Chapter 5, children over the age of six can make reasonably reliable
identifications from lineups as long as
A. the child has an above average IQ.
B. the perpetrator is in the lineup.
C. the child had extended contact with the perpetrator.
D. both B and C
16349. 50. 51. 52. Chapter 5: Crime Investigation: Witnesses
Answer: D Reference: Children as Witnesses
Six-year-old Corey is a witness to a crime, and he has been asked to view a lineup.
Unfortunately, the true perpetrator is not in the lineup. Researchers would predict
that Corey, as compared to adults,
A. would be more likely to make a false positive error.
B. would be more likely to make a false negative error.
C. would be less likely to make a false positive error.
D. would be less likely to make a false negative error.
Answer: A Reference: Children as Witnesses
If one is questioning a child witness, what features would be incorporated in a good
investigative interview?
A. A good interviewer would ask the child to describe the event in his or her own
words before asking specific questions.
B. A good interview protocol would discourage the use of suggestive questions.
C. both A and B
D. neither A nor B
Answer: C Reference: Children as Witnesses
Specific questioning of children is problematic because
A. it requires children to provide precise details which may have been forgotten.
B. C. it is suggestive and often leading.
increases the risk of obtaining inaccurate information.
D. all of the above
Answer: D Reference: Children as Witnesses
Some children have experienced multiple incidents of sexual abuse. What tends to
happen to a child’s recall of repeated events?
A. Although repetition enhances memory for aspects of the event that are held
constant, it impairs the ability to recall details that vary with each recurrence.
B. Repetition enhances memory for both the aspects of the event that are held
constant and the ones that vary with each recurrence.
164Chapter 5: Crime Investigation: Witnesses
C. Repetition impairs memory for both the aspects of the event that are held
constant and those that vary.
D. Repetition impairs memory for aspects of the event that are held constant,
although source memory tends to improve.
Answer: A Reference: Children as Witnesses
53. Multiple interviews using open-ended questions may be helpful when interviewing
children because of
A. practice effects.
B. the reminiscence effect.
C. the suggestive effects.
D. none of the above
Answer: B Reference: Children as Witnesses
54. Which of the following has been shown to play a role in the suggestive questioning
of child witnesses?
A. interviewer bias
B. social influence
C. selective reinforcement of answers
D. all of the above
Answer: D Reference: Children as Witnesses
55. London and her colleagues identified adults with documented histories of childhood
sexual abuse and learned that _________ had disclosed the abuse while they were
children.
A. 12%
B. 24%
C. 33%
D. 50%
Answer: C Reference: Children as Witnesses
56. Alexander et al. (2005) contacted adolescents and young adults who had been
involved in a study years earlier that was conducted to assess the effects of criminal
prosecutions on child abuse victims. These researchers asked respondents to
indicate which events had previously happened to them and which event was the
most traumatic. According to Chapter 5, what did these researchers find?
165Chapter 5: Crime Investigation: Witnesses
A. Respondents who designated child sexual abuse as their most traumatic
experience were not very accurate in reporting the details of their experiences.
B. Respondents who designated child sexual abuse as their most traumatic
experience were very accurate in reporting the details of their experiences.
C. Surprisingly, most respondents did not report that child sexual abuse happened to
them.
D. Although some respondents did report that they had experienced child sexual
abuse, they often downplayed the seriousness of the event.
Answer: B Reference: Children as Witnesses
57. 58. Child witnesses are generally viewed as ______ credible than adult witnesses; child
victims in a sexual abuse case are viewed as ______ credible than adults.
A. less; more
B. more; less
C. less; less
D. more; more
Answer: A Reference: Children as Witnesses
In Coy v. Iowa (1988) the Supreme Court overturned Coy’s conviction because
A. the one-way screen placed in front of him caused the jury to presume he was
guilty.
B. the one-way screen placed in front of him deprived him of his opportunity to
confront his accusers.
C. the one-way screen placed in front of him did not allow him his right of cross-
examination.
D. all of the above
Answer: B Reference: Children as Witnesses
59. In Maryland v. Craig (1990), the court upheld a Maryland law permitting
A. hearsay testimony from a child witness.
B. placement of a one-way screen in front of the accused.
166Chapter 5: Crime Investigation: Witnesses
C. use of a one-way closed-circuit television to present a child’s testimony.
D. use of the cognitive interview when questioning children.
Answer: C Reference: Children as Witnesses
60. Goodman and her colleagues (1998) found that the use of one-way closed-circuit
television to present the testimony of a child had which of the following effects?
A. The children were viewed as less believable than children who testified in open
court.
B. C. It generally resulted in more accurate testimony.
It generally resulted in less accurate testimony.
D. both A and B
Answer: D Reference: Children as Witnesses
61. 62. 63. According to Chapter 5, which of the following has been used in court in an attempt
to lessen a child’s trauma when testifying?
A. a one-way screen has been placed in front of the defendant
B. the child has testified on closed-circuit television
C. permit a support person to sit with the child during testimony
D. all of the above
Answer: D Reference: Children as Witnesses
Emotionally-motivated forgetting that is hypothesized to result from traumatic
experiences is called
A. repression.
B. natural forgetting.
C. dissociation.
D. confabulation.
Answer: A Reference: Repressed and Recovered Memories
An unconscious process in which victims of abuse escape the full impact of an event
by psychologically detaching themselves from it is called
A. repression.
B. natural forgetting.
C. dissociation.
16764. 65. 66. 67. Chapter 5: Crime Investigation: Witnesses
D. confabulation.
Answer: C Reference: Repressed and Recovered Memories
In Linda Williams’ (1994) study, why did women not report sexual abuse
experienced as a child?
A. They had repressed it.
B. C. They were so young when it happened; they were not fully aware of the abuse.
They were unwilling to share this information with the interviewer.
D. All of the above
Answer: D Reference: Repressed and Recovered Memories
Twenty-eight year old Stephanie was in a study in which she was asked questions
about the abuse she suffered when she was a very young child (this abuse was
well documented by medical reports that Stephanie has not seen). Stephanie
insists that she did not experience abuse. Which of the following could explain
why Stephanie is not reporting this well-documented abuse?
A. She repressed memories of the abuse.
B. Stephanie was so young when it happened; she wasn’t fully aware of the abuse.
C. Stephanie does remember the abuse; she doesn’t want to divulge this information
to the researcher.
D. All of the above
Answer: D Reference: Repressed and Recovered Memories
Which of the following has not been used by “memory focused” psychotherapists?
A. diary writing
B. sibling report
C. sodium amytal (“truth serum”)
D. hypnosis
Answer: B Reference: Repressed and Recovered Memories
The Working Group on Investigation of Memories of Childhood Abuse, appointed
by the American Psychological Association,
168Chapter 5: Crime Investigation: Witnesses
A. had a report written by experimental research psychologists that indicated that
suggestive information can degrade memory and false memories are relatively easy
to create.
B. had a report written by clinical psychologists that suggested that abuse can lead a
child to use dissociative coping strategies and may interfere with the retrieval of
memories.
C. could not agree on a final conclusion.
D. all of the above
Answer: D Reference: Repressed and Recovered Memories
68. Loftus and Pickrell (1995) constructed a false story about being lost while shopping
at the age of five. They had subjects read this story, and write about what they
remembered about the event. What approximate percentage of subjects remembered
this event that never happened?
A. 10%
B. 25%
C. 50%
D. 75%
Answer: B Reference: Repressed and Recovered Memories
69. Gary Ramona successfully sued
A. Cardinal Bernardin for molesting him as a child.
B. the state of California for convicting him of murder based on his daughter’s
recovered memories.
C. two therapists for convincing him to confess to a crime he hadn’t committed.
D. two therapists for implanting false memories of abuse in his daughter.
Answer: D Reference: Repressed and Recovered Memories
True or False Questions
1. Those wrongly imprisoned are typically well compensated for the time they spent in
prison.
169Chapter 5: Crime Investigation: Witnesses
Answer: False Reference: Examples of Mistaken Eyewitness
Identification
2. We tend to underestimate the height of criminals.
Answer: False Reference: Basic Information Processing
3. Viewing photographs of suspects after witnessing a crime can impair an eyewitness’s
ability to recognize the perpetrator’s face in a lineup.
Answer: True Reference: Basic Information Processing
4. People with prejudicial attitudes are more likely to experience the other race effect
than those without prejudices.
Answer: False Reference: Variables that Affect Eyewitness Accuracy
5. According to research presented in Chapter 5, the appropriate way to conduct a
lineup is to have the lineup administrator know which person in the lineup is the
suspect.
Answer: False Reference: Reforming Identification Procedures
6. In most states, the decision about whether an expert psychologist can testify is left
up to the defense attorney.
Answer: False Reference: Reforming Identification Procedures
7. Children tend to be more accurate when answering specific questions rather than
open-ended questions regarding a witnessed event.
Answer: False Reference: Children as Witnesses
8. Most people who suffer severe trauma forget the event.
Answer: False Reference: Repressed and Recovered Memories
9. Simply imaging an event can affect the belief that the event actually occurred.
Answer: True Reference: Repressed and Recovered Memories
10. Persons who mistake the familiarity of an imagined event with an actual childhood
memory may be experiencing source confusion.
Answer: True Reference: Repressed and Recovered Memories
170
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