a b s t r a c t As illustrated by the mistaken, high-profile fingerprint identification of Brandon Mayfield in the Madrid Bomber case, and consistent with a recent critique by the National Academy of Sciences (2009), it is clear that the forensic sciences are subject to contextual bias and fraught with error. In this article, we describe classic psychological research on primacy, expectancy effects, and observer effects, all of which indicate that context can taint people's perceptions, judgments, and behaviors. Then we describe recent studies indicating that confessions and other types of information can set into motion forensic confirmation biases that corrupt lay witness perceptions and memories as well as the judgments of experts in various domains of forensic science. Finally, we propose best practices that would reduce bias in the forensic laboratory as well as its influence in the courts.

https://web.williams.edu/Psychology/Faculty/Kassin/files/1%20Kassin%20Dror%20Kukucka%20(2013)%20-%20FCB.pdf

The forensic confirmation bias: Problems, perspectives, and proposed solutions.

The criminal justice system relies heavily on eyewitnesses to determine the facts surrounding criminal events. Eyewitnesses may identify culprits, recall conversations, or remember other details. An eyewitness who has no motive to lie is a powerful form of evidence for jurors, especially if the eyewitness appears to be highly confident about his or her recollection. In the absence of definitive proof to the contrary, the eyewitness's account is generally accepted by police, prosecutors, judges, and juries.However, the faith the legal system places in eyewitnesses has been shaken recently by the advent of forensic DNA testing. Given the right set of circumstances, forensic DNA testing can prove that a person who was convicted of a crime is, in fact, innocent. Analyses of DNA exoneration cases since 1992 reveal that mistaken eyewitness identification was involved in the vast majority of these convictions, accounting for more convictions of innocent people than all other factors combined. We review the lates...

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Eyewitness Evidence Improving Its Probative Value

A decade ago, a meta-analysis showed that identification of a suspect from a sequential lineup versus a simultaneous lineup was more diagnostic of guilt (Steblay, Dysart, Fulero, & Lindsay, 2001). Since then, controversy and debate regarding sequential superiority has emerged. We report the results of a new meta-analysis involving 72 tests of simultaneous and sequential lineups from 23 different labs involving 13,143 participant-witnesses. The results are very similar to the 2001 results in showing that the sequential lineup is less likely to result in an identification of the suspect, but also more diagnostic of guilt than is the simultaneous lineup. An examination of the full diagnostic design dataset (27 tests that used the full simultaneous/sequential culprit-present/culprit-absent design) showed that the average gap in correct identifications favoring the simultaneous lineup over the sequential lineup—8%—is smaller than the 15% figure obtained from the 2001 meta-analysis (and from the current full 72-test dataset). The lower error rate incurred for culprit-absent lineups with use of a sequential format remains consistent across the years, with 22% fewer errors than simultaneous lineups. A Bayesian analysis shows that the posterior probability of guilt following an identification of the suspect is higher for the sequential lineup across the entire base rate for culprit presence/absence. New ways to think about policy issues are discussed.

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Seventy-two tests of the sequential lineup superiority effect: A meta-analysis and policy discussion.

Eyewitness memory is known to be fallible. We describe 3 experiments that aim to establish baseline performance for recognition of unfamiliar faces. In Experiment 1, viewers were shown live actors or photos (targets), and then immediately presented with arrays of 10 faces (test items). Asked whether the target was present among the test items, and if so to identify the person, participants showed poor performance levels (roughly 70% accurate). Furthermore, there was no difference between immediate memory for a live person and photograph. In Experiment 2, the same targets and test items were presented simultaneously, and participants were asked to perform a matching task. Again, performance was poor (roughly 68% accurate), with no difference between matching photos and live people. In the final experiment, viewers were asked to match a live person to a single photograph. Even under these conditions, performance was poor (c. 85%), with no advantage over matching 2 photographs. We suggest that problems of eyewitness identification may involve difficulties in initial encoding of unfamiliar faces, in addition to problems of memory for an event.

Matching Faces to Photographs: Poor Performance in Eyewitness Memory (without the Memory).

Psychological science has come to play an increasingly important role in the legal system by informing the court through expert testimony and by shaping public policy. In recent years, psychologica...

Costs and Benefits of Eyewitness Identification Reform: Psychological Science and Public Policy.

Most police lineups use a simultaneous presentation technique in which eyewitnesses view all lineup members at the same time. Lindsay and Wells (R. C. L. Lindsay & G. L. Wells, 1985) devised an alternative procedure, the sequential lineup, in which witnesses view one lineup member at a time and decide whether or not that person is the perpetrator prior to viewing the next lineup member. The present work uses the technique of meta-analysis to compare the accuracy rates of these presentation styles. Twenty-three papers were located (9 published and 14 unpublished), providing 30 tests of the hypothesis and including 4,145 participants. Results showed that identification of perpetrators from target-present lineups occurs at a higher rate from simultaneous than from sequential lineups. However, this difference largely disappears when moderator variables approximating real world conditions are considered. Also, correct rejection rates were significantly higher for sequential than simultaneous lineups and this difference is maintained or increased by greater approximation to real world conditions. Implications of these findings are discussed.

Eyewitness accuracy rates in sequential and simultaneous lineup presentations: A meta-analytic comparison.

Meta-analysis is used to compare identification accuracy rates in showups and lineups. Eight papers were located, providing 12 tests of the hypothesis and including 3013 participants. Results indicate that showups generate lower choosing rates than lineups. In target present conditions, showups and lineups yield approximately equal hit rates, and in target absent conditions, showups produce a significantly higher level of correct rejections. False identification rates are approximately equal in showups and lineups when lineup foil choices are excluded from analysis. Dangerous false identifications are more numerous for showups when an innocent suspect resembles the perpetrator. Function of lineup foils, assessment strategies for false identifications, and the potential impact of biases in lineup practice are suggested as additional considerations in evaluation of showup versus lineup efficacy.

Eyewitness accuracy rates in police showup and lineup presentations: a meta-analytic comparison.

The purpose of this article is to describe ways that legal psychology can be introduced into the undergraduate curriculum. The extent to which undergraduate “psychology and law” courses are currently a part of the curriculum is described, and a model is proposed for coursework in a Psychology Department that might adequately reflect coverage of the legal area. The role of legal psychology in interdisciplinary programs and Criminal Justice departments is discussed. Sources for teaching aids and curricular materials are described.

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Solomon Fulero

Papers

Eyewitness accuracy rates in sequential and simultaneous lineup presentations: A meta-analytic comparison.

Eyewitness accuracy rates in police showup and lineup presentations: a meta-analytic comparison.

Undergraduate education in legal psychology.