We’ve all watched a courtroom TV scene where all eyes are on the testifying witness when they are dramatically asked by their attorney to identify who committed the crime and they angrily/ tearfully/ fearfully point to the defendant. Never have I not wanted to be that person more than when I read chapter 8 of our textbook and learned eyewitness testimony to be unreliable under the best of circumstances. Said to be strongly relied upon by jurors, scientists, psychologists and attorneys are aware of eyewitness testimony shortfalls. Often these shortfalls are connected to how our brains are wired, not intentional misrepresentation by the witness.
Top-down processing helps us shape our perception and memory; this also makes our memory impressionable rather than fixed. Our knowledge, bias, assumptions and prior experiences all help to build and shape the perception that our memory is based on. Memory is aptly compared to over packed drawers in Witness For the Defense, “…our brains seem to enjoy ransacking the memory drawers, tossing the facts about, and then stuffing everything back in, oblivious to order or importance. As new bits and pieces of information are added into long-term memory, the old memories are removed, replaced, crumpled up, or shoved into corners.” This is a colorful way of saying that our memories are not an exact replay of the original scene. Memory is reshaped through the recall process. Our recall pulls from our last recall where we may have modified details based on interpretation and additional input rather than the original impression. This is done unconsciously so the confidence in our memory remains or even improves as the modified version becomes more familiar.
Memory and confidence are impacted by expectations, police interaction and events following the crime. Our brain has a way of “filling in the gaps” when pieces are missing, we however, maintain the belief that our memories are factual. When questioned, we may include items we expected to be at the scene and truly believe we saw them. We can also be misguided by how questions are phrased, answering by including details from the question. These details then become part of our memory and the more we retell the story the more confident we are in it. When witnesses are shown a line up they assume the suspect is included so they select the person that most closely matches their memory. They become more confident if they receive positive feedback that they did well and are often unable to neutrally revaluate back to the original incident. Jurors trust the testimony of witnesses that express they are highly confident in what they are saying.
Not only is our perception and memory working against us, but our attention is often impacted by the stress of the situation in addition to any environmental issues (low lighting, distance, etc.). If a weapon is present attention is more often focused there than on the distinguishing traits of the perpetrator. It is also harder to identify suspect that do not have noticeable traits like scars or tattoos, descriptions become more generic because we interact with so many people do filter out many of the individual details. Studies show that differences in race between the suspect and the witness increase identification difficulties too.
Contrary to common belief, memory is not permanent; it can be and is changeable, unknowingly and unintentionally. Research shows that details become more inaccurate as time passes. Unfortunately for jurors, eyewitnesses may want to help solve the crime, but our brains are not wired to recall detailed accounts, especially those encountered under extremely stressful conditions.
References
Goldstein, E. Bruce, (2011). Cognitive Psychology: Connecting Mind, Research, and Everyday Experience (3rd ed.). Belmont, CA: Wadsworth, Cengage Learning.
Engelhardt, L. (n.d.). The Problem with Eyewitness Testimony. Stanford Journal of Legal Studies. Retrieved from http://agora.stanford.edu/sjls/Issue%20One/fisher&tversky.htm
Arkowitz, H and Lilienfeld, S. (2009, January 8). Why Science Tells Us Not to Rely on Eyewitness Accounts. Scientific American. Retrieved from http://www.scientificamerican.com/article/do-the-eyes-have-it/
Green, M. (n.d.). Errors in Eyewitness Identification Procedures. Marc Green Phd. Retrieved from http://www.visualexpert.com/Resources/mistakenid.html
Loftus, Dr E and Ketcham, K. (1991). The Magic of the Mind. Witness For the Defense: The Accused, the Eyewitness, and the Expert Who Puts Memory on Trial. Retrieved from http://www.pbs.org/wgbh/pages/frontline/shows/dna/photos/eye/text_06.html