Logic and Research Versus Intuition and Past Practice as Guides to Gathering and Evaluating Eyewitness Evidence

Like many issues in the psychology–law area, when it comes to eyewitness evidence, researchers see an obvious opportunity to help solve a problem—in this case, to maximize the rate of accurate information and identification decisions while at the same time minimizing the rate of mistakes. Psychology is especially well suited to this task, given its interest in the psychological aspects of eyewitness evidence, such as attention (e.g., studying an assailant’s face while being assaulted vs. learning only later that a bank customer committed fraud by passing a bad check), perception (e.g., of color, distance, height, speed), memory (e.g., length of retention interval, interference, source monitoring), decision making (e.g., determining the odds of a witness choosing a suspect by chance), interpersonal communication (e.g., witness interviews), and attribution theory (e.g., a witness wonders why she has been asked a particular question or shown a particular lineup). So, to address the legal system’s “problem,”...

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Eyewitness Evidence A Guide for Law Enforcement

The legal system always has relied on the testimony of eyewitnesses, nowhere more than in criminal cases. Although the evidence eyewitnesses provide can be tremendously helpful in developing leads, identifying criminals, and exonerating the innocent, this evidence is not infallible. Even honest and well-meaning witnesses can make errors, such as identifying the wrong person or failing to identify the perpetrator of a crime. To their credit, the legal system and law enforcement agencies have not overlooked this problem. Numerous courts and rule making bodies have, at various times, designed and instituted special procedures to guard against eyewitness mistakes. Most State and local law enforcement agencies have established their own policies, practices, and training protocols with regard to the collection and handling of eyewitness evidence, many of which are quite good.

In the past, these procedures have not integrated the growing body of psychological knowledge regarding eyewitness evidence with the practical demands of day-to-day law enforcement. In an effort to bring together the perspectives...

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Best Practice Recommendations for Eyewitness Evidence Procedures

Abstract

This article provides “best practice ” recommendations for collecting and preserving evidence using eyewitness identification procedures. Suggested procedures are based on decades of social science research as well as the recommended practices found in the recent report on the Robert Sophonow case in Manitoba and in a 1999 U.S. National Institute of Justice document distributed to all police services in the U.S. These recommendations currently guide training programs for several police services in Canada, the U.S., and around the world, and experienced criminal investigators will recognize many of the procedures as practices they have employed in their own cases. The overarching goal of this article is to accumulate these recommendations in one place in order to allow investigators to take advantage of them and achieve a maximal level of accurate eyewitness identifications while minimizing the rate of inaccurate choices.

New Ideas for the Oldest Way to Solve a Case

Criminal investigators know that it often takes many pieces of converging evidence to solve a complex case....

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