76 Questions
What is one way that misinformation might act, besides being reported but known to be wrong?
The misinformation creates a new memory that is separate from the original one.
What technique can researchers use to disentangle the possibilities of how misinformation acts?
Having participants bet money on their answers.
What is the problem with the fingerprint analyst's decision-making process?
They are biased by contextual information about the suspect.
What can be used to avoid confirmation bias in forensic decision-making?
Using a double-blind procedure.
What is the potential problem with the fingerprint analyst's decision in this case?
They are biased by contextual information.
What is one way to present information to participants to disentangle the possibilities of how misinformation acts?
Presenting a choice between the correct item and a novel item.
What is the problem with the analyst's contextual information in this case?
It can bias the analyst's decision-making.
What is one way that researchers have studied the effects of contextual information on forensic decision-making?
By examining the effects of factors like alcohol consumption.
What is the 'weapon focus effect' in the context of a crime scene?
When a witness's attention is drawn to a weapon, impairing their memory for peripheral details.
What did Loftus et al.'s (1987) study find about the presence of a weapon in a crime scene?
Participants who viewed the scene with a weapon were significantly worse at remembering peripheral details.
Why might a child's testimony change during cross-examination, according to research by Zajac and Hayne (2003)?
The suggestive and demanding nature of the cross-examination process is influencing the child's responses.
What does 'death-qualified' refer to in the context of a jury?
A jury panel in a capital case where potential jurors who hold certain views on the death penalty are excluded.
What is the impact of the death qualification process on the jury, according to research?
It introduces significant bias into the jury, favouring the prosecution's viewpoint.
What did the study on death qualification find about the attitudes of death-qualified jurors?
They were more likely to favour the prosecution's viewpoint and mistrust criminal defendants.
What is the result of excluding jurors who are categorically opposed to the death penalty?
The jury is more likely to be biased in favour of the prosecution.
What percentage of surveyed jurors supported the death penalty, according to the study?
64%
What percentage of surveyed jurors said they could never impose the death penalty, according to the study?
17%
What is the implication of having a death-qualified jury on the defendant's likelihood of being convicted?
It increases the likelihood of conviction.
What is a potential problem with the eyewitness identification evidence in the bank robbery case?
The eyewitness confidence is often a poor indicator of accuracy.
What is the purpose of using a sketchplan in eyewitness memory?
To help the witness mentally reinstate the spatial and contextual details.
What is the main finding of the study by Clark and Tunnicliff (2001) regarding the selection of foils for a lineup?
Lineups with foils matched to the witness's description lead to better discrimination.
What is the purpose of the inoculation technique in a trial?
To reduce the impact of the prosecution's arguments.
What is the effect described by the judge when she says the child was probably 'too distracted by the gun to remember exactly what happened'?
The weapon focus effect.
What is the main problem with the eyewitness identification evidence in the bank robbery case, according to Deffenbacher (1980)?
The eyewitness confidence is often a poor indicator of accuracy.
What is the purpose of the forewarning technique in a trial?
To reduce the impact of the prosecution's arguments.
What is the main finding of the study by Jack, Martyn, and Zajac (2015) regarding the use of sketchplans?
Providing a sketchplan increases the accuracy of eyewitness memory.
What is the purpose of the credibility challenges technique in a trial?
To directly question the credibility of witnesses or evidence.
What is the main problem with the eyewitness identification evidence in the bank robbery case, according to Loftus (1979)?
The long delay between the event and the trial increases the risk of memory distortion.
What is the phenomenon called where the presence of a weapon during a crime impairs a witness's memory for other details of the event?
Weapon focus effect
What is the main reason why witnesses demonstrate poorer recall of peripheral details when a weapon is present?
The weapon captures the witness's attention, leaving fewer resources available for encoding other contextual information
What is the main advantage of having an investigator who is 'blind' to the identity of the suspect when conducting a lineup?
The risk of inadvertent bias is minimized
What is the name of the model discussed in class that explains how lawyers can persuade jurors?
Elaboration Likelihood Model
What is the main difference between the central route and the peripheral route in the Elaboration Likelihood Model?
The central route involves careful consideration, while the peripheral route involves superficial cues
According to the research, what can be a problem with the composition of the jury itself?
It can introduce a bias that undermines the fairness and impartiality of the trial process
What did Loftus et al.'s (1987) study demonstrate?
That the presence of a weapon impairs a witness's memory for peripheral details
What did Steblay's (1992) meta-analysis find?
That the weapon focus effect is a reliable and robust phenomenon
What is the main advantage of conducting a sequential photographic lineup?
It reduces the risk of witness bias
What should the defence lawyer do to increase the chances of a successful defence?
Present the case using the central route of persuasion
What is the purpose of selecting foils in a lineup that match the witness's description of the perpetrator?
To ensure the lineup contains viable options and balances the need for plausible alternatives
What is an alternative explanation for the inconsistencies in a witness's testimony during cross-examination?
The cross-examination questioning techniques used can elicit changes in testimony
What is the 'shooter bias' phenomenon?
The tendency to mistakenly shoot unarmed Black targets
What is the 'weapon focus effect'?
The tendency to focus on the presence of a weapon, impairing memory for other details
Why might the police officer have mistakenly believed the unarmed 16-year-old black male was a threat?
Because of cultural stereotypes associating young Black males with criminality and danger
What alternative explanation can be offered for the consistency between the two witnesses' accounts of the shooting?
They were both subject to the same suggestive questioning
What is the benefit of selecting foils in a lineup that match the witness's description of the perpetrator?
It helps to ensure the lineup contains viable options and balances the need for plausible alternatives
What is the potential problem with the police investigator's conclusion about the two witnesses' accounts?
The accounts are too consistent, suggesting suggestive questioning
What is a potential issue with the police officer's decision-making process in the shooting incident?
He was influenced by cultural stereotypes and biases
What can be inferred about the police officer's perception of the situation?
He was influenced by cultural stereotypes and biases
What is the primary difference between the central route and peripheral route in the Elaboration Likelihood Model (ELM)?
The central route involves more cognitive effort, while the peripheral route relies on superficial cues
What is the primary goal of rapport building when interviewing child witnesses?
To establish a relationship with the child to increase the informativeness of their testimony
According to the study by Sternberg et al. (1997), what type of questioning style is more effective in obtaining detailed information from child witnesses?
Open-ended questioning style
What qualities are associated with positive experiences for victims during police interviews, according to research by Jakobsen (2017)?
Warmth, respect, and a non-judgmental attitude
When constructing a lineup, what should the police officer consider when selecting the foils (filler photos)?
The similarity of the foils to the suspect's description
What is the primary advantage of using the central route in the Elaboration Likelihood Model (ELM)?
It enables the lawyer to present complex evidence in a clear and concise manner
What is the primary disadvantage of using the peripheral route in the Elaboration Likelihood Model (ELM)?
It relies on superficial cues and requires less cognitive processing
What is the primary goal of the defence lawyer in using the Elaboration Likelihood Model (ELM)?
To tailor their presentation to encourage the most effective route of processing
What is the primary advantage of using open-ended questioning style in rapport building with child witnesses?
It increases the informativeness of the child's testimony
What is the primary goal of the police officer in constructing a lineup?
To ensure that the witness identifies the correct suspect
What is the 'co-witness discussion' effect?
When witnesses discuss an event, they can inadvertently contaminate each other's memories.
What is the 'audience tuning' phenomenon?
When witnesses unconsciously bias their reports to align with the expectations of the audience.
What is the purpose of the 'story model' of decision-making in jurors?
To construct a narrative based on the evidence and personal knowledge.
What is the potential problem with instructing witnesses to disregard information from the media?
It can make the problem worse due to ironic processes and reactance theory.
What is the theory that suggests people are motivated to maintain their freedom?
Reactance theory.
Why might jurors prefer to rely on their own 'common-sense' notions of justice?
Because they trust their own instincts more than the judge's instructions.
What is the 'story model' of decision-making used for in jurors?
To construct a narrative based on the evidence and personal knowledge.
What is the potential problem with the similar accounts provided by the two witnesses?
They may be the result of memory contamination or audience tuning.
What is the effect of instructing witnesses to disregard information from the media, according to reactance theory?
Witnesses become more motivated to resist the instructions.
What is the purpose of the 'story model' in jurors, according to Pennington and Hastie (1992)?
To construct a narrative based on the evidence and personal knowledge.
What is the main difference between central and peripheral routes of persuasion according to the Elaboration Likelihood Model (ELM)?
Central route involves high cognitive effort, while peripheral route involves low cognitive effort
What is the goal of specific deterrence in the context of criminal sentencing?
To discourage the specific offender from committing future crimes
What is a key factor in determining the effectiveness of deterrence, according to research?
The likelihood of apprehension
According to the Elaboration Likelihood Model (ELM), how can lawyers encourage central processing of technical evidence?
By presenting the evidence in a clear manner and making it relevant to the jurors
What is the implication of research findings on the effectiveness of deterrence in criminal sentencing?
Deterrence can be effective, but it requires emphasizing both the severity of the punishment and the likelihood of apprehension
What is the role of peripheral cues in the Elaboration Likelihood Model (ELM) of persuasion?
To provide an alternative route for processing technical evidence when motivation or ability is low
What is the recommended approach to presenting technical evidence to jurors, according to the Elaboration Likelihood Model (ELM)?
Presenting the evidence in a clear and concise manner
What is the main finding of research on the effectiveness of deterrence, according to the text?
The effectiveness of deterrence is mixed and depends on various factors
Study Notes
Misinformation and Eyewitness Memory
- Four potential mechanisms by which misinformation might act:
- The person merely reports the misinformation, but knows it is wrong.
- The original memory gets overwritten or changed.
- There are now two memories, but the original one becomes less accessible or the person can't distinguish between the two.
- There was no original memory (no encoding).
- Techniques to disentangle these possibilities:
- Having participants bet money on their answers (Toland, 1990).
- Presenting a choice between the correct item and a novel item rather than the misinformation (McCloskey & Zaragoza, 1985).
- Examining the effects of factors like alcohol consumption on misinformation acceptance (Assefi & Garry, 2003).
Confirmation Bias and Forensic Decision-Making
- The potential problem: confirmation bias in forensic decision-making.
- Context: a police fingerprint analyst is biased by contextual information about the suspect's criminal record and the violent nature of the crime.
- Solution: using a double-blind procedure to avoid bias.
- Research support: Dror et al. (2005) and Osborne & Zajac (2016).
Eyewitness Identification and Memory Distortion
- Potential problems with eyewitness identification:
- Eyewitness confidence is often a poor indicator of accuracy.
- Eyewitness identification evidence is highly fallible and susceptible to various biases.
- Long delay between the event and the trial increases the risk of memory distortion and contamination.
- Research support: Deffenbacher (1980), Wells (1993), and Loftus (1979).
Improving Witness Memory with Sketchplans
- Research supports the use of sketchplans to improve witness memory.
- Study: Jack, Martyn, and Zajac (2015) - providing a sketchplan increased the amount and accuracy of information reported by witnesses.
- Theoretical explanation: the act of drawing the scene helps the witness mentally reinstate the spatial and contextual details, in line with the encoding specificity principle.
Selecting Foils for Lineups
- Research guidance on selecting foils for lineups: Clark and Tunnicliff (2001).
- Foils should be selected to be plausible alternatives to the suspect, based on the witness's description.
- This approach leads to better discrimination between innocent and guilty suspects.
Dissuasion Techniques
- Four dissuasion techniques:
- Forewarning: revealing the prosecution's arguments in advance to reduce their impact.
- Inoculation: presenting a weak version of the opposing argument to immunize the jurors.
- Stealing thunder: revealing damaging information about one's own case to take away the surprise factor.
- Credibility challenges: directly questioning the credibility of witnesses or evidence.
The Weapon Focus Effect
- The phenomenon: the presence of a weapon during an event can impair a witness's memory for other details.
- Research support: Loftus et al. (1987) and Steblay (1992).
- Theoretical explanation: the weapon captures the witness's attention, leaving fewer resources available for encoding other contextual information.
Death-Qualified Juries
- Definition: a jury panel in a capital case where potential jurors who hold certain views on the death penalty are excluded.
- Research support: studies have shown that death-qualified jurors are more likely to favour the prosecution's viewpoint and are biased against the defendant.
- Implication: the use of a death-qualified jury can impact the likelihood of a conviction.
Persuasion and the Elaboration Likelihood Model
- The model: the Elaboration Likelihood Model (ELM) of persuasion.
- Two routes to persuasion:
- Central route: high cognitive effort and elaboration.
- Peripheral route: superficial cues and low cognitive processing.
- Advice for lawyers: tailor the presentation to encourage the most effective route of processing, based on the strength of the evidence and the audience.
Building Rapport with Child Witnesses
- Importance: obtaining rapport with child witnesses is crucial for effective interviewing.
- Research support: Sternberg et al. (1997) and Jakobsen (2017).
- Advice: use an open-ended approach to rapport building, convey warmth, respect, and a non-judgmental attitude.
Selecting Foils for Lineups (Again)
- Research guidance: Clark and Tunnicliff (2001).
- Foils should be selected to be plausible alternatives to the suspect, based on the witness's description.
Cross-Examination and Inconsistencies
- Alternative explanation: inconsistencies in testimony may be due to the suggestive and demanding nature of cross-examination, rather than inaccurate original evidence.
- Research support: Zajac and Hayne (2003) and others.
- Implication: the reliability of witness testimony can be undermined by cross-examination techniques.### Police Officer's Claim of Self-Defense
- A police officer claims to have acted in self-defense despite the victim being unarmed, raising concerns about bias and stereotypes.
- Research on "shooter bias" shows that individuals, including police officers, are quicker to mistakenly "shoot" unarmed Black targets compared to unarmed White targets in computer simulations.
- This bias arises from cultural stereotypes associating Black individuals with criminality and danger.
Witness Consistency
- Two friends witnessed the shooting and gave similar accounts, but research suggests that this consistency may not necessarily equate to accuracy.
- The "co-witness discussion" effect and "audience tuning" phenomenon may have led to memory contamination or biased reports.
Juror Decision-Making
- Jurors employ the "story model" of decision-making, constructing a narrative based on evidence, personal knowledge, and expectations.
- They evaluate this story based on criteria such as coverage, uniqueness, and coherence.
- Jurors may selectively attend to and interpret evidence in a way that confirms their initial story, leading to "pre-decisional distortion."
Influence of Pre-Trial Publicity
- Instructions to disregard information in the media may backfire and make the problem worse due to the theory of ironic processes and reactance theory.
- Jurors may prefer to rely on their own "common-sense" notions of justice rather than adhere strictly to judicial instructions.
Persuading Jurors
- The Elaboration Likelihood Model (ELM) of persuasion suggests that jurors can be persuaded through either a central route (high cognitive effort) or peripheral route (superficial cues).
- To persuade jurors, lawyers should aim to increase motivation and ability to engage with technical evidence, or use peripheral cues such as reputation and appearance.
Deterrence Theory
- Deterrence aims to discourage future criminal behavior through specific or general deterrence.
- The effectiveness of deterrence is uncertain, requiring emphasis on both the severity of punishment and the likelihood of apprehension for success.
- High visibility enforcement and perceived risk of being caught are crucial for deterrence to work effectively.
Discuss the mechanisms by which misinformation can affect eyewitness testimony, including the effects on original memories. Explore how researchers can distinguish between these mechanisms.
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