Part I. Experimental Studies: 2. Experiment in psychology 3. Experiments on perceiving III Experiments on imaging 4-8. Experiments on remembering: (a) The method of description (b) The method of repeated reproduction (c) The method of picture writing (d) The method of serial reproduction (e) The method of serial reproduction picture material 9. Perceiving, recognizing, remembering 10. A theory of remembering 11. Images and their functions 12. Meaning Part II. Remembering as a Study in Social Psychology: 13. Social psychology 14. Social psychology and the matter of recall 15. Social psychology and the manner of recall 16. Conventionalism 17. The notion of a collective unconscious 18. The basis of social recall 19. A summary and some conclusions.

Remembering. A Study in Experimental and Social Psychology, Cambridge (University Press) 1964.

This meta‐analytic review examines the most fundamental question for disclosing evidence during suspect interviews: What are the effective options for when to disclose the available evidence? We provide an update to Hartwig and colleagues (2014) meta‐analysis of the efficacy of the late and early disclosure methods on eliciting statement‐evidence inconsistencies from guilty and innocent suspects. We also extend these analyses to include studies comparing gradual disclosure to early and late disclosure when interviewing guilty suspects. Finally, we test whether a gradual disclosure leads to greater provision of novel investigative information when interviewing guilty suspects. Overall, we find that guilty suspects provide more statement‐evidence inconsistencies than innocent suspects, and that both a late and gradual disclosure result in more statement‐evidence inconsistencies than the early disclosure when interviewing guilty suspects. However, there are indications of small study effects that warrant considerable caution when interpreting the size of some of the identified effects.

/pdf/a-meta-analytic-review-of-the-timing-for-disclosing-evidence-32u7t7jlbo.pdf

A meta‐analytic review of the timing for disclosing evidence when interviewing suspects

Language is assumed to affect memory by offering an additional medium of encoding visual stimuli. Given that natural languages differ, cross-linguistic differences might impact memory processes. We investigate the role of motion verbs on memory for motion events in speakers of English, which preferentially encodes manner in motion verbs (e.g., driving), and Greek, which tends to encode path of motion in verbs (e.g., entering). Participants viewed a series of motion events and we later assessed their memory of the path and manner of the original events. There were no effects of language-specific biases on memory when participants watched events in silence; both English and Greek speakers remembered paths better than manners of motion. Moreover, even when motion verbs were available (either produced by or heard by the participants), they affected memory similarly regardless of the participants' language: path verbs attenuated memory for manners of motion, but the reverse did not occur. We conclude that overt language affects motion memory, but these effects interact with underlying, shared biases in how viewers represent motion events.

Motion verbs and memory for motion events.

The police frequently present their evidence to suspects in investigative interviews. Accordingly, psychologists have developed strategic ways in which the police may present evidence to catch suspects lying or to elicit more information from suspects. While research in psychology continues to illustrate the effectiveness of strategic evidence disclosure tactics in lie detection, lawyers and legal research challenge these very tactics as undermining fair trial defense rights. Legal research is alive to the problems associated with strategically disclosing evidence to a suspect, such as preventing lawyers from advising the suspect effectively, increasing custodial pressure for the suspect, and worsening working relations between lawyers and police. This paper brings together the opposing research and arguments from the two disciplines of psychology and law, and suggests a new way forward for future research and policy on how the police should disclose evidence.

/pdf/strategic-disclosure-of-evidence-perspectives-from-44575t2u9g.pdf

Strategic disclosure of evidence : perspectives from psychology and law

Pitfalls and opportunities in evaluation research

When deceptive suspects are unaware of the evidence the police hold against them, they contradict that evidence more than truthful suspects do – a useful cue to deception. But given that, over time, truthful suspects might forget the past and also contradict the evidence, how effective are lie detection techniques that rely on such inconsistencies when suspects are questioned months after a crime? In Experiment 1, people committed a theft (liars) or a benign activity (truth-tellers) in a university bookshop. Shortly after or two months later, we questioned them about their bookshop visit without informing them of the evidence implicating them in the theft. Though truth-tellers contradicted some evidence after both time delays, liars always contradicted the evidence more than did truth-tellers. In Experiment 2, we presented the mock suspects’ responses to an independent group of laypeople and asked them to rate how deceptive the suspects were. Laypeople rated liars as more deceptive than truth-tellers after both time delays, but also rated truth-tellers questioned two months after the crime as more deceptive than truth-tellers questioned shortly after the crime. These findings suggest that liars’ tendency to distance themselves from a crime might outweigh any memory decay that truth-tellers experience in the two months following a crime. As a result, the extent of a suspect’s contradictions with the evidence could still be diagnostic of deception even after an extended time delay.

/pdf/truth-tellers-stand-the-test-of-time-and-contradict-evidence-2rdb0sgdlo.pdf

Truth-tellers stand the test of time and contradict evidence less than liars, even months after a crime.

Presently, the police in England and Wales disclose their evidence at different points during the arrest and detention of a suspect. While the courts have not objected to this, past field research suggests that lawyers can only advise their clients accurately when the police disclose their evidence before the police interview. To examine this from a law/psychology perspective, we recruited 100 criminal defence lawyers to participate in an online study. Lawyers read fictional scenarios and provided custodial legal advice to a hypothetical client (Christopher) when given either pre-interview disclosure or disclosure at various points during the police interview (early, gradually or late). Lawyers given pre-interview disclosure provided considerably more informed legal advice compared to those who were only provided with disclosure during the hypothetical police interview. Using an interdisciplinary approach, this article provides further evidence that pre-interview disclosure is essential for lawyers to del...

/pdf/how-the-timing-of-police-evidence-disclosure-impacts-360p0cu8dy.pdf

How the timing of police evidence disclosure impacts custodial legal advice

In connecting us to the past, memories determine who we are. But we do not access that past, we construct it—and in doing so we construct ourselves. This chapter explores the fallibility of memory for words, witnessed events, and personal experiences. It explains how memory errors arise and reviews research into factors influencing false memory development. An understanding of this helps explain the difficulty of distinguishing true from false memories; this chapter details researchers' most promising attempts. Finally, the chapter considers the possible adaptive benefits of false memories as well as their potentially tragic effects in the criminal justice system.

The Malleability of Memory

Drawing on recent observational fieldwork as well as existing research studies in the fields of law and of psychology, this article examines the nature of police practices in the disclosure of evidence before and during custodial interviews of legally represented suspects. Whilst police pre-interview disclosure to lawyers was a fixed practice, the format of disclosure varied and lawyers were rarely permitted to inspect the evidence, relying instead on the officer’s account. Disclosure was sometimes provided in stages, either as a deliberate tactic or when evidence was lacking. Officers occasionally exaggerated the strength of their case to suspects and resisted providing more detail to lawyers – an approach that seemed designed to elicit an admission from the suspect. In line with past research, lawyers relied on the evidence that police disclosed when advising clients before the interview and occasionally argued with the police for more disclosure. Taken together, these findings suggest that police are complying with the minimum disclosure requirements set out by legislation, and that police may be more open with lawyers than previous research suggests. Some of our findings warrant concern, however, and raise questions about risks to vulnerable suspects in custody and risks to suspects without legal representation.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2980310_code87814.pdf?abstractid=2980310&mirid=1

Divya Sukumar

Papers

Strategic disclosure of evidence : perspectives from psychology and law

Truth-tellers stand the test of time and contradict evidence less than liars, even months after a crime.

How the timing of police evidence disclosure impacts custodial legal advice

The Malleability of Memory

Behind closed doors : live observations of current police station disclosure practices and lawyer-client consultations