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

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by Ray Bull, Tim Valentine, Dr Tom Williamson


  by witnesses. Indeed, logic dictates that essentially all of the putative ‘ loss ’ in

  correct ‘ identifi cations ’ in sequential line - ups (47% vs. 35% in the studies con-

  sidered here) is in the form of witnesses who guess the suspect in target - present

  arrays ( ‘ guess ’ insofar as their memory is not strong enough to avoid a fi ller

  identifi cation with the perpetrator is not present). Given that not more than

  Table 15.2: Steblay et al . meta - analysis of

  simultaneous presentations

  Target

  Target

  Present

  Absent

  (N = 38)

  (N = 38)

  No Choice

  28%

  45%

  Identifi cation

  47%

  –

  Foil Choice

  25%

  55%

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  Handbook of Psychology of Investigative Interviewing

  25% of witnesses seem capable of getting it right in both target - present and

  target - absent arrays (the best estimate of doubly - reliable witnesses is 21% if

  one also considers the 17% doubly - accurate rate in simultaneous arrays), we

  might well conclude that the 47% ‘ correct identifi cation ’ rate in simultaneous

  target - present arrays is mostly lucky guessing by witnesses (around 26% of the

  47%) confronted with biased arrays; so, it appears that most of those witnesses

  would pick a fi ller in a target - absent array, and, of course, those witnesses

  would be most likely to pick the similar - looking designated suspect in a simi-

  larly biased target - absent array rather than another fi ller.

  In contrast, sequential arrays yield signifi cantly fewer lucky guesses (10% of

  the 35% of ‘ correct identifi cations ’ in target - present arrays), substantially fewer

  erroneous fi ller choices (41% vs. 55%) and fewer designated innocent suspect

  choices (12% vs. 23%, although those results come from a somewhat different

  set of studies). The overall ratio of correct identifi cations to innocent suspect

  identifi cations may be far superior for sequential presentations (35/12 – about

  3 : 1) than for simultaneous (47/23 – about 2 : 1).

  Although some policy - makers may fret over the loss in accurate ‘ identifi ca-

  tions ’ (we characterize them as lucky guesses) that can result from the sequen-

  tial line - up, it should be noted that the odds of an identifi cation of the suspect

  being accurate are substantially increased by the use of the sequential line - up

  in spite of some loss of identifi cations. In addition, it seems clear that policy -

  makers should not always favour a method of conducting line - ups merely

  because it yields more ‘ hits ’ . Consider, for instance, a method in which wit-

  nesses who claim that they do not recognize anyone are instructed to guess.

  This guessing method would certainly yield more suspect identifi cations than

  would a method that discouraged guessing, but it would also yield many more

  innocent suspect identifi cations. Under most circumstances policy

  - makers

  surely would not want to encourage a method that relies on guessing and

  generates more errors. We say ‘ most circumstances ’ because, as Penrod (2003)

  has noted, one can imagine a system in which investigators were forced to

  choose (prior to any identifi cation test) how they were going to employ eye-

  witnesses. If they intended to use eyewitnesses and their identifi cations in court

  as evidence against a defendant, they might be pressed to use stringent pro-

  cedures which maximize the diagnostic value of identifi cations (that is, increase

  the ratio of correct to incorrect suspect identifi cations). If, on the other hand,

  investigators needed the witness to assist them in generating investigative clues,

  they might wish to use procedures that encourage guessing and the generation

  of cues, but would be forced to do so at the cost of losing the witness as a

  source of ‘ identifi cation ’ evidence at trial.

  Double - b lind vs. s ingle - b lind l ine - u p a dministration

  Although the NIJ guidelines stopped short of recommending double - blind

  line - up administration, in part due to concerns from law enforcement about

  Recent Developments in Identifi cation Science and Practice

  271

  the feasibility of fi nding suffi cient administrators in small jurisdictions, the

  AP - LS white paper recommended double - blind line - up administration as best

  practice. What evidence is there that double

  - blind line

  - up administration

  reduces mistaken identifi cations or wrongful conviction? At the time these

  recommendations were made there was little direct evidence that the line - up

  administrator ’ s knowledge of the suspect ’ s identity would affect the reliability

  of an eyewitness ’ s identifi cation; however, there was initial support for the idea

  that administrator feedback about whether the witness had identifi ed the

  suspect infl uenced witness confi dence (Wells & Bradfi eld, 1998 ). Instead of

  basing this recommendation on the results of eyewitness research, scholars

  argued, based on the body of research on experimenter expectancy effects

  (e.g., Rosenthal, 1976; 2002 ), that administrator knowledge of a suspect ’ s

  identity would lead the administrator to communicate behavioural cues that

  would infl uence witnesses ’ identifi cation decisions and their reported confi -

  dence. Since that time, a signifi cant body of research has examined the role of

  administrator feedback in the malleability of witness confi dence and a smaller

  number of studies have examined the role of administrator knowledge on the

  accuracy of witness identifi cations.

  Confi dence m alleability

  When a line - up administrator knows which line - up member is the suspect,

  there is the potential for the administrator to provide witnesses with feedback

  about whether they have identifi ed the suspect. If this feedback is provided

  prior to the witnesses expressing their confi dence in the accuracy of their

  identifi cation, it is likely that the feedback will infl uence their reported confi -

  dence in predictable ways. In one of the earliest studies of this phenomenon,

  pairs of witnesses viewed a staged theft (Luus & Wells, 1994 ). The witnesses

  then separately viewed a line - up that did not contain the suspect; almost all

  of them identifi ed a member of the line - up as the perpetrator. Subsequently,

  eyewitnesses were given one of nine forms of feedback about the identifi cation

  decision made by their co - witness and were interviewed by a confederate police

  offi cer who recorded their confi dence in the accuracy of their identifi cation.

  Witnesses who learned that their co - witness had identifi ed the same line - up

  member were more confi dent in the accuracy of their identifi cation than were

  witnesses who received no feedback. Witnesses who learned that their co -

  witness had identifi ed a different line - up member or rejected the line - up were

  less confi dent than witnesses who received no feedback.

  Gary Wells and his colleagues have conducted a number of studies demon-

  strating that feedback from a line

  - up administrator infl uences witnessr />
  confi dence (Wells & Bradfi eld, 1998 ; Bradfi eld, Wells & Olson, 2002 ; Wells,

  Olson & Charman, 2003 ). When line - up administrators provide confi rming

  feedback (e.g., ‘ Good, you identifi ed the suspect ’ ), witnesses were much more

  confi dent than witnesses who received disconfi rming or no feedback (Wells &

  Bradfi eld, 1998 ). This effect holds even when witnesses are instructed that the

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  Handbook of Psychology of Investigative Interviewing

  perpetrator may not be present in the line - up (Semmler, Brewer & Wells,

  2004 ). Not only does confi rming feedback from the administrator increase

  witness confi dence, it also causes witnesses to report that they had a better

  view of the culprit and paid more attention to the culprit ’ s face when observ-

  ing the event (Wells & Bradfi eld, 1998 ).

  A meta - analysis of 20 tests of the post - identifi cation feedback effect on

  witness confi dence, based on data from over 2,400 participants, demonstrated

  that the effect is robust and relatively large (Douglass & Steblay, 2006 ). In

  addition, confi rming feedback had a signifi cant impact on a variety of objective

  and subjective measures of the witnesses ’ experience, including how good a

  view they had of the perpetrator, their opportunity to view his or her face,

  how much attention they paid, whether they had a good basis to make an

  identifi cation, how easy it was to make an identifi cation, how quickly they

  made an identifi cation, their willingness to testify, their memory for strangers

  and the clarity of their memory. These fi ndings support the recommenda-

  tions that witness confi dence be collected immediately after an identifi cation

  before any feedback about the identifi cation decision is provided by the

  administrator.

  Investigator k nowledge e ffects on e yewitness a ccuracy

  Despite the recommendation of the AP - LS subcommittee that line - ups be

  conducted by a blind administrator, only a handful of studies have directly

  examined the effects of administrator knowledge on the reliability of eyewit-

  ness identifi cation decisions. These studies have produced mixed results in

  terms of the conditions under which the effects of administrator knowledge

  of the suspect ’ s identity are obtained (Phillips, McAuliff, Kovera & Cutler,

  1999 ; Haw & Fisher, 2004 ; Greathouse & Kovera, 2009 ) and whether the

  effect is obtained at all (Haw, Mitchell & Wells, 2003 ; Russano et al ., 2006 ).

  The fi rst study to examine the infl uence of administrator knowledge empiri-

  cally paired mock line - up administrators with mock witnesses who had previ-

  ously viewed a live, staged crime involving two perpetrators (Phillips et al .,

  1999 ). Phillips and colleagues manipulated whether the administrator knew

  the identity of the suspect, the type of line - up presented (simultaneous vs.

  sequential), as well as the presence of an observer during the line - up task.

  When the line - up was presented sequentially and an experimenter - observer

  was present, administrator knowledge infl uenced witnesses to choose an inno-

  cent suspect.

  Additional support for the effects of line - up administrator knowledge was

  obtained in research manipulating the level of contact between administrators

  and witnesses (Haw & Fisher, 2004 ). For some witnesses, administrators had

  direct contact with them while administering the line - up. For others, admin-

  istrators sat behind the witnesses out of their direct view, limiting their ability

  to communicate cues to the suspect ’ s identity to the witnesses. When the

  administrator was permitted high contact with the witness and presented a

  Recent Developments in Identifi cation Science and Practice

  273

  target - absent simultaneous line - up, witnesses were more likely to identify the

  innocent suspect. In contrast, other studies have failed to fi nd any infl uence

  of administrator knowledge on witnesses ’ identifi cation decisions (Haw et al .,

  2003 ; Russano et al ., 2006 ).

  Given the variability in the infl uence of administrator knowledge on eyewit-

  ness decisions across studies, it is likely that previously unidentifi ed variables

  moderate its effects. Greathouse & Kovera (in press) hypothesized that factors

  which lower the criteria that witnesses use to make a positive identifi cation,

  such as the presence of biased line - up instructions or simultaneous line - up

  presentation, may moderate the effects of administrator knowledge. If a witness

  is presented with biased instructions (e.g., instructions that fail to remind the

  witness that the perpetrator may not be in the line - up), they may cue unsure

  witnesses to attend more to the investigator ’ s behaviour, allowing single - blind

  administrators to wield more infl uence. To test this hypothesis, Greathouse &

  Kovera manipulated whether the administrator had knowledge of the suspect ’ s

  identity, the type of line - up (simultaneous vs. sequential), the presence of the

  actual perpetrator in the line - up and the type of line - up instructions (biased

  vs. unbiased). In an attempt to ensure that the fi ndings were not specifi c to a

  particular perpetrator or line - up composition, witnesses viewed one of two

  perpetrators committing a theft and then made an identifi cation from a target -

  present or a target - absent line - up constructed for that perpetrator.

  When the witnesses received biased instructions and simultaneous line - ups,

  they were more likely to make suspect identifi cations in single - blind than in

  double - blind line - ups ( ibid. ). The pattern of fi ller and suspect identifi cations

  in both double - blind and single - blind conditions suggests that this increase in

  mistaken identifi cations was the result of single - blind administrators infl uenc-

  ing those who would have, under double - blind conditions, made fi ller identi-

  fi cations to make suspect identifi cations instead. This fi nding could be

  conceptualized as shifting unsure witnesses ’ guesses from fi ller identifi cations

  in the double - blind condition to suspect identifi cations in the single - blind

  condition. Line - up rejections did not signifi cantly increase or decrease as a

  function of line - up administrator knowledge. Moreover, suspect identifi cations

  were twice as diagnostic for double - blind administrations as they were for

  single - blind administrations.

  Thus, it appears from this research that double - blind line - up administration

  would protect against mistaken identifi cations, especially when witnesses ’ cri-

  teria for choosing are lowered; however, double - blind line - up administration

  also appears to decrease correct identifi cations. Moreover, it is not clear that

  even double - blind administration can protect against the administrator expec-

  tancy effect when the administrator conducts line - ups with multiple witnesses.

  There is evidence to suggest that the confi dence of the witness from the fi rst

  line - up administration infl uences the administrator ’ s beliefs about the diffi culty

  of the identifi cation task. As a result, double - blind administrators who admin-

  istered a second line - up to a different witness were more likely to steer the

&nb
sp; second witness to the photo chosen by the fi rst witness when the fi rst witness

  274

  Handbook of Psychology of Investigative Interviewing

  lacked confi dence in his or her identifi cation than when the witness was con-

  fi dent in their decision (Douglass, Smith & Fraser - Thill, 2005 ). Although

  double - blind line - up administration may not correct all problems associated

  with administrator expectations and their infl uence on witness behaviour, there

  is little evidence that it would produce harmful results. It is clear, however,

  that much more research is needed to understand how the infl uence of admin-

  istrator knowledge of the suspect ’ s identity operates in eyewitness identifi ca-

  tion tasks.

  Eyewitness e rror r ates in fi eld s tudies u sing a lternative

  i dentifi cation p rocedures

  The studies just reviewed were experiments – sometimes staged events, some-

  times videotaped events in which the researchers knew the identity of the

  targets. That knowledge permits us to ascertain precisely when a witness has

  made an error. In studies of actual witnesses using police archives it is generally

  not known whether the suspect is the actual perpetrator, but it is still possible

  to gauge inaccurate identifi cation rates by looking at fi ller identifi cations. For

  reasons that will be explained, the best archival studies come from the UK.

  These studies include Slater ’ s (1994) examination of identifi cation attempts

  by 843 British witnesses who viewed 302 suspects. Slater found suspect, fi ller

  and no identifi cation rates of 36%, 22% and 42% respectively. Wright

  &

  McDaid (1996) examined identifi cation attempts of 1,561 British witnesses

  who viewed 616 suspects in live line - ups and found suspect, fi ller and no

  identifi cation rates of 39%, 20% and 41% respectively. Pike, Brace & Kynan

  (2002) reported a 49% suspect identifi cation rate in 8,800 line - ups, a 39%

  suspect identifi cation rate in a separate study of a video presentation system

  (940 witnesses) and a 35% suspect identifi cation rate in 1,635 live line - ups (no

  information was provided on fi ller identifi cation rates). Valentine, Pickering &

  Darling (2003) reported the results of identifi cation attempts by 584 witnesses

 

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