Handbook of Psychology of Investigative Interviewing: Current Developments and Future Directions

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by Ray Bull, Tim Valentine, Dr Tom Williamson


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  Chapter Twelve

  Obtaining and Interpreting Eyewitness

  Identifi cation Test Evidence: The

  Infl uence of Police – Witness Interactions

  Neil Brewer

  School of Psychology

  Flinders University

  and

  Gary L. Wells

  Department of Psychology

  Iowa State University

  Introduction

  Eyewitnesses to a crime are frequently asked to view an identifi cation parade

  to see if they can identify the offender. Conduct of a line - up involves police

  or line - up administrators in a number of important decisions, such as who to

  put in the line - up, the method of presentation of the line - up, and what to say

  to witnesses before and after the line - up. The identifi cation test can be con-

  ceptualized as a variant on an interview between the police and the witness,

  involving important interactions between police (or other line - up administra-

  tors) and witnesses. These interactions can profoundly infl uence witness deci-

  sions and impact on the characteristics of any subsequent evidence they provide

  in the courts. We shall focus on (i) the expectations that police/administrators

  can engender in witnesses and how these can shape witness behaviour; (ii) the

  instructions that are provided to witnesses prior to viewing the line

  - up;

  (iii) possible ways in which administrators can interact with (and hence infl u-

  ence) witnesses in the conduct of line - ups; (iv) the soliciting of confi dence

  Handbook of Psychology of Investigative Interviewing: Current Developments and Future Directions

  Edited by Ray Bull, Tim Valentine and Tom Williamson

  © 2009 John Wiley & Sons, Ltd.

  206

  Handbook of Psychology of Investigative Interviewing

  assessments from witnesses; (v) the interpretation of witness confi dence assess-

  ments; and (vi) the infl uence of interactions that occur post - identifi cation on

  witnesses ’ subsequent reports about the event and the identifi cation test.

  Eyewitnesses to crimes are frequently asked by police to view an identifi ca-

  tion parade or line - up to see if they can identify the offender who, of course,

  may or may not be the police suspect. It is now well documented that eyewit-

  nesses are far from infallible when it comes to making an identifi cation, with

  their performance characterized by both mistaken identifi cations of innocent

  suspects and failures to identify the offender when present in the line - up (e.g.

  Cutler & Penrod, 1995 ; Wells, Memon & Penrod, 2006 ; Innocence Project,

  2009 ). In sum, eyewitness identifi cation tests are far from a fool - proof way of

  pinpointing the offender.

  It is also well established that the conduct of a line - up requires police or

  other line - up administrators to make a number of decisions that can have a

  far - reaching impact on the outcomes of the identifi cation test. These decisions

  include deciding upon the membership of the line

  - up (e.g., how many

  members, how closely those members resemble the appearance or the descrip-

  tion of the perpetrator), the method of presentation of the line - up (e.g., photo

  spread vs. live line - up vs. video line - up; simultaneous vs. sequential), how to

  record the line - up decision and any associated behaviours of the witness (e.g.,

  witness confi dence, decision latency), what to say to witnesses before they are

  shown the line - up and after they have made their decision (e.g., feedback

  about their decision). The research literature on these issues is extensive and

  offers valuable guidelines for the conduct of line - ups (e.g. Technical Working

  Group for Eyewitness Evidence, 1999 ; Brewer, Weber & Semmler, 2005 ;

  Wells et al. , 2006 ), but many of these issues are not the focus of this chapter.

  In this chapter we conceptualize the identifi cation test as a special form of

  interview between the police and the witness. We examine the important

  interactions that can occur between police (or other line - up administrators)

  and witnesses. We show how these interactions can exert a signifi cant infl uence

  on witness decisions and behaviour and, in turn, shape the characteristics of

  any subsequent evidence they provide (e.g., in the courts).

  Pre - i dentifi cation t est i nteractions

  An identifi cation test is seldom likely to take place immediately after a crime.

  Rather, a more likely scenario is that police will fi rst identify witnesses to the

  crime and interview them about the participants and events associated with the

  crime. At a later date (in the UK after a delay likely to exceed one month; Pike,

  Brace & Kynan, 2002 ) when police have a suspect, they may ask a witness to

  attend an identifi cation test. There is some empirical evidence, and there are

  sound theoretical grounds, for believing that interactions that occur prior to

  the identifi cation test may shape the responding of the witness at the identifi ca-

  tion test.

  Obtaining and Interpreting Eyewitness Identifi cation Test Evidence 207

  Effects of p roviding a d escription on

  i dentifi cation p erformance


  It is possible that providing a verbal description to police at an interview may,

  under certain circumstances, impair subsequent performance on an identifi ca-

  tion test, an effect labelled the verbal overshadowing effect (Schooler

  &

  Engstler - Schooler,

  1990 ). Although Meissner

  & Brigham

  ’ s

  (2001) meta

  -

  analysis of verbal overshadowing studies revealed a small negative effect of

  providing a description on recognition, the fi ndings are certainly not univer-

  sally supportive. Further, while the effect has been detected in experiments in

  which the identifi cation test closely followed the verbal description (e.g., ≤ 10

  minutes) – conditions that are unlikely to prevail in real investigations – a mild

  facilitation effect has been detected when this interval was extended (ibid.). It

  is probably a fair assessment of the state of the scientifi c literature in this area

  to say that the fi ndings are not decisive, the effect sizes appear not to be large

  and the key theoretical mechanisms underpinning the effects are by no means

  resolved. From a practical perspective, the possible existence of the verbal

  overshadowing effect can perhaps be ignored, as the occurrence of a police

  interview with a witness early in an investigation, and prior to any identifi ca-

  tion test, would seem to be inevitable. Should, however, future research reveal

  a facilitation effect to be robust under conditions paralleling those likely to be

  found in real investigations, it is possible that clarifying the mechanisms under-

  lying such effects could assist in the refi nement of interviewing techniques that

  might facilitate identifi cation performance.

  Another possible effect of a prior interview on identifi cation performance

  has been described by Brewer (2006) . It is possible that the performance of a

  witness during a police interview will shape the witness ’ s impressions of the

  quality of his or her memory, with these impressions affecting the likelihood

  that she or he will make a choice at the identifi cation test. For example, it

  seems intuitive that a witness who had great diffi culty describing the offender

  at interview may doubt the quality of their memory and be less likely to choose

  from the line - up; the opposite might be expected for a witness for whom the

  description seemed particularly easy. Witnesses ’ inferences about the strength

  of their memory for the perpetrator might also be shaped by any post - interview

  feedback provided by police interviewers.

  Interestingly, however, the basic recognition memory literature suggests

  the possibility of a different, and counter - intuitive, effect. Word - recognition

  research conducted within a signal detection framework indicates that people

  who are likely to believe that they have a strong memory for particular stimuli

  (because they have studied the stimulus items extensively) expect to be able

  to remember those stimuli and set a more demanding criterion for reporting

  their occurrence (Stretch & Wixted, 1998 ; Morrell, Gaitan & Wixted, 2002 ).

  Conversely, people who believe the opposite (i.e., a weak memory) relax their

  criterion and are more likely to report that they have seen a stimulus before

  208

  Handbook of Psychology of Investigative Interviewing

  (Stretch & Wixted, 1998 ). Clear evidence for the infl uence of such witness

  metacognitions has not yet been published in the scientifi c literature. However,

  preliminary results from research currently underway in our laboratory reveal

  patterns consistent with the latter, counter - intuitive hypothesis.

  Expectations of w itnesses a bout the i dentifi cation t est

  Most witnesses are likely to have limited experience with, or knowledge of,

  identifi cation tests. Indeed their background probably derives mainly from

  viewing television programmes involving police and lawyers. Nevertheless,

  what witnesses almost certainly appreciate is that somewhere in the line - up is

  a police suspect. Thus, when witnesses are contacted and asked to attend an

  identifi cation test, they are probably going to infer that the police investigation

  has led them to pinpoint a suspect. To the extent that a witness believes that

  the suspect is likely to be the offender, the witness may also reason that a sign

  of a capable witness will be the ability to pick the suspect from the line - up,

  thereby assisting in bringing that person to justice.

  While we are not aware of any data that provide an unambiguous indication

  of witness beliefs on this issue, Memon, Gabbert & Hope (2004) reported

  that more than 90% of participant witnesses across multiple experiments indi-

  cated that they had assumed the perpetrator ’ s presence in the line - up, despite

  having received line - up instructions explicitly warning them that the perpetra-

  tor may not be present. These estimates involved retrospective reports from

  witnesses who had just seen a line - up and may not, therefore, refl ect witnesses ’

  a priori expectations about the presence of the perpetrator. Unpublished data

  from our laboratory indicate that approximately 50% of university students

  (sampled when attending the laboratory to participate in other non - eyewitness

  studies) believe that more than 70% of ‘ real ’ police line - ups are likely to contain

  the perpetrator. Around 75% believe that at least 50% of line - ups are likely to

  contain the perpetrator.

  Despite the limitations of such surveys, they reinforce the position that wit-

  nesses who attend an identifi cation test are likely to entertain the belief that

  the perpetrator is in the line - up, a belief that is likely to bias the witness towards

  making a choice from the line - up. This bias can readily be enhanced if the

  police or line - up administrator provides, knowingly or unknowingly, addi-

  tional cues to the witness. One example would be if the witness was contacted

  and told, ‘ We know who did it, but we need you to come view a line - up. ’

  But, it does not have to be this blatant. For instance, the police might say,

  ‘ We have made great progress on the case and now we need to show you a

  line - up ’ . Even the phrase ‘ We would like you to come to the station and see

  if you can identify the perpetrator ’ implies to the witness that the perpetrator

  is in the line - up and that the only question is whether the witness is capable

  of picking him out. Interestingly, raising the expectation that the perpetrator

  will be in a later line - up need not come from a conversation about a line - up

  at all. For example, ‘ This guy has done this type of offence before and we need

  Obtaining and Interpreting Eyewitness Identifi cation Test Evidence 209

  to get him off the streets ’ is the type of statement that communicates to the

  listener that the police know who did it. Hence, if a line - up is shown later,

  the witness is going to assume that the police have the villain in the line - up;

  otherwise, why are they showing the line - up?

  Given the overwhelming evidence from laboratory and fi eld studies of wit-

  nesses ’ propensity to misidentify innocent suspects, ensuring that witnesses

  about to attend a l
ine - up are not biased towards making a positive identifi ca-

  tion becomes a crucial part of the interaction between the line - up administra-

  tor and the witness.

  Police – w itness i nteractions at the i dentifi cation t est:

  p re - d ecision i nfl uences

  During the administration of the identifi cation test, abundant opportuni-

  ties exist for the line

  - up administrator to infl uence the decision - making of

  the witness and the judicial outcome of the test. Some of these opportunities

  occur prior to the witness actually making their decision about the line - up;

  others occur after the decision. Consequently, eyewitness researchers insist that

  certain procedures should be adopted to protect the witness from being infl u-

  enced by the line - up administrator. At the pre - decision stage there are two

  important procedures to follow: one involves what is called double

  - blind

  line - up administration; the other involves the use of unbiased line

  - up

  instructions.

  Double-blind administration

  Double - blind administration means that the line

  - up administrator has no

  knowledge of which line - up member is suspected of being the perpetrator and

  which line - up members are merely fi llers. Fillers are known - innocent members

  of the line - up who fi t the same general description but clearly are not the

  perpetrator. The purpose of the fi llers is to prevent the witness from knowing

  which person the police suspect and to make the witness rely on his or her

  memory instead. Obviously, if the line - up administrator somehow communi-

  cates to the eyewitness which line - up member is the suspect (and/or which

  are mere fi llers), then the entire idea of using fi llers is undermined. The use

  of a double - blind line - up administrator to prevent such communication for

  eyewitness line - ups was fi rst proposed more than 20 years ago (Wells, 1988 ),

  but the idea of double - blind test administration is a long - established staple for

  human testing protocols in basic and applied science. The pharmaceutical

  industry, for example, is required to use double - blind testing for new drugs

  in which the medical testers of the patients cannot know whether the patient

  is in the placebo condition or the drug condition because the testers might

 

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