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

Page 53

by Ray Bull, Tim Valentine, Dr Tom Williamson

shown 295 live line - ups and found suspect, fi ller and no identifi cation rates of

  41%, 21% and 39% respectively. More recently Wright & Skagerberg (2007)

  reported suspect, fi ller and no identifi cation rates of 58%, 21% and 21% respec-

  tively in a study of 134 witnesses shown video line - ups.

  Although there are differences across these studies (some reported and some

  not known – e.g., it is possible that some datasets include identifi cations made

  in non - stranger cases), the general pattern that emerges is that nearly one in

  three positive identifi cations made by witnesses in these cases is clearly wrong as

  the overall weighted averages across the studies are suspect, fi ller and no iden-

  tifi cation rates of 45%, 21% and 40% respectively (numbers do not add to 100

  due to missing data in the studies reported by Pike et al ., 2002 ). Note that it

  is likely that witnesses in most of these studies were confronted with nine -

  person arrays, the British standard. Given that 21% of witnesses in these studies

  were ‘ guessing ’ one of the innocent fi llers (an average of 2.6% per fi ller), we

  Recent Developments in Identifi cation Science and Practice

  275

  would have to expect – assuming these arrays were all perfectly fair – that

  another 2.6% of the witnesses guessed the suspect by chance. Unfortunately,

  as we detail below, other evidence indicates arrays are not entirely fair; thus,

  a higher (perhaps much higher) percentage of witnesses may be guessing the

  suspect.

  A body of research on actual witnesses is beginning to emerge in North

  America, though the studies to date all suffer from signifi cant limitations.

  Tollestrup, Turtle & Yuille (1994) examined Royal Canadian Mounted Police

  records on 119 robbery and 66 fraud cases (42 and 45 fi les respectively were

  discarded because they lacked eyewitness descriptions or identifi cation

  attempts) reported positive identifi cations of suspects in 31.7% of the Vancouver

  photo arrays (most with eight photographs) they studied (vs. 45% reported in

  the UK studies). Overall, 46% of robbery victims, 33% of robbery witnesses

  and 25% of fraud victims identifi ed suspects. Unfortunately, the police records

  were incomplete and therefore did not permit the researchers to differentiate

  non - identifi cations from fi ller identifi cations:

  Identifi cation outcomes were entered in the fi les in a variety of ways such as

  ‘ negative results, ’ ‘ unable to identify police suspect, ’ ‘ not in the line - up, ’ ‘ pointed

  out suspect and one other as looking like perpetrator, ’ ‘ positive ID, ’ and ‘ weak

  ID. ’ … for the most part, we could not distinguish reliably between outcomes

  in which an eyewitness rejected the photo spread and those in which he or she

  failed to select the police suspect. (p. 153)

  Studies in the USA are more recent. Behrman & Davey (2001) examined

  Sacramento, California - area police records for 271 cases involving 349 crimes

  (the vast majority were armed robberies). They examined a total of 258 fi eld

  show - ups, 289 photographic line - ups and 58 live line - ups, and reported that

  76% of witnesses who viewed show - ups made an identifi cation and 48% of

  witnesses who observed a photographic line - up identifi ed the suspect. However,

  because the police fi les were incomplete, Behrman & Davey (like Tollestrup

  et al ., 1994 ) could not determine how many identifi cations of known innocent

  fi llers were made by witnesses viewing photo - arrays. In live line - ups, where the

  records did include reports of mistaken fi ller identifi cations, Behrman & Davey

  reported that 50% of witnesses identifi ed the suspect (an unknown percentage

  of those identifi cations were errors); the rate of erroneous identifi cations of

  fi llers was 24% and 26% of the witnesses did not make a choice. As in the UK

  archival data, about one in three positive identifi cations was clearly wrong and

  the average rate of guessing was 5% per fi ller, which might mean (per the

  suspect bias multiplier noted earlier) that 15% of suspect identifi cations were

  also guesses. Behrman & Richards (2005) also reported a study based on some

  of the data included in the Behrman & Davey (2001) project, but it appears

  that the 2005 data also do not offer a suitable basis for estimating overall

  witness error rates (selections of fi llers). The 2005 study draws on 424 pho-

  tographic line - ups (for which Behrman & Davey were unable to determine

  276

  Handbook of Psychology of Investigative Interviewing

  fi ller identifi cation rates) and 37 live line - ups. The focus of the analyses is 238

  suspect identifi cations vs. 68 fi ller identifi cations which the authors were able

  to identify.

  Klobuchar, Steblay & Caligiuri (2006) reported the results of an unusual

  fi eld study conducted in Minnesota in 2004, in which identifi cation informa-

  tion was collected in 280 line - ups from 117 cases involving 206 eyewitnesses.

  The unusual aspects of the study were that the police used blind procedures

  (i.e., the line - up administrator did not know the identity of the suspect) and

  sequential line - ups when presenting arrays to witnesses. In the sequential pro-

  cedure employed in Minnesota, photos were presented one at a time, with a

  decision made about each photo (witnesses were permitted to view the entire

  sequential display as often as desired).

  In 178 line

  - ups the witnesses were looking for perpetrators who were

  strangers to them. In these line - ups 35% of witnesses picked the suspect and

  11% picked a fi ller. Thus, about one in four positive identifi cations was clearly

  wrong, and the fi ller guessing rate was about 2% per fi ller. Assuming the

  suspect is identifi ed three times more often than the fi llers due to bias in the

  line - up, perhaps 6% of the 35% of suspect identifi cations were guesses. Overall,

  53% made no choice. As noted above, sequential arrays have been shown to

  reduce choosing by witnesses, perhaps because they reduce witnesses ’ oppor-

  tunity to compare the members of an array and possibly pick the face that

  offers the best match to the memory of the witness. In the Minnesota study

  about 46% of witnesses saw the sequential array more than once. For 33 wit-

  nesses who viewed the array only once, the rates of suspect and fi ller identifi ca-

  tion were 42% and 3% respectively compared to 32% and 13% for 31 witnesses

  who viewed the array twice and 43% and 29% for 14 witnesses who viewed it

  three times. Repeated views were thus associated with a signifi cantly increased

  likelihood of a mistaken identifi cation.

  The results of a second large fi eld study in Illinois were reported in 2006

  (Mecklenburg, 2006 ). This study compared witness selections in non - blind

  simultaneous line - ups (i.e., the presenting offi cer knew the identity of the

  suspect) and blind sequential line - ups (the presenting offi cer did not know the

  identity of the suspect) in several jurisdictions in the Chicago area. Table 15.3

  reports the results in cases involving 548 stranger - identifi cation attempts.

  Table 15.3: Effects of simultaneous vs. sequential

  presentation on identifi cation rates

&nbs
p; Simultaneous

  Sequential

  (Number)

  (319)

  (229)

  Suspect

  59.9%

  45.0%

  Filler ID

  2.8%

  9.2%

  No ID

  37.6%

  47.2%

  Recent Developments in Identifi cation Science and Practice

  277

  The Illinois data were complemented by a report (p. 43 of the Illinois

  report) of suspect and fi ller identifi cation rates in 2,677 simultaneous non -

  blind live line

  - ups conducted in Queens, New York during 2001

  – 5. The

  overall suspect identifi cation rate was 54% and the reported fi ller identifi cation

  rate was 3%. Although the Illinois results have been claimed by some as evi-

  dence for superior performance in non - blind simultaneous arrays, the study

  has been criticized by leading psychologists (non

  - eyewitness researchers)

  Schacter, Dawes, Jacoby, Kahneman, Lempert, Roediger & Rosenthal (2008)

  for confounding blind and sequential vs. non - blind and simultaneous proce-

  dures. Schacter et al . note: ‘ Our reading of the materials forces us to conclude

  that the confound has devastating consequences for assessing the real - world

  implications of this particular study ’ (p. 4).

  It will be apparent that the non - blind simultaneous fi ller identifi cation rates

  from Illinois (3%) and Queens (3%) are markedly discrepant from those

  reported in the various UK studies (which averaged 21%) and the Behrman &

  Davey live line - up rate of 24%. Possible explanations for the discrepancy are

  buried in the Illinois report: the low number of fi ller identifi cations emerged

  from a non - blind simultaneous procedure in which it appears that the police

  could ignore identifi cations that did not meet their ‘ probable cause ’ standards

  (pp. iii – iv), a practice that seems akin to the Queens practice in which ‘ an

  identifi cation [was recorded] only if it was based upon a high level of confi -

  dence ’ , so that all tentative identifi cations were recorded as ‘ no identifi cation ’

  (p. 43). These practices raise two questions:

  1. Are substandard suspect IDs ignored just as often as substandard fi ller IDs?

  Some might think that results in Illinois and Queens may be far more

  skewed by selective non - reporting of fi ller IDs in non - blind presentations

  than through any effort of the police to steer witnesses to suspects.

  2. Does the failure to report even substandard IDs deprive defendants of

  information that may be useful in their defence? Jurors and judges may

  wish to know about such errors.

  There are also indications that a substantial proportion of identifi cations in

  Queens are actually second/confi rmatory identifi cations of suspects following

  photographic or other forms of identifi cations of suspects; this practice would

  also conceal foil or other forms of misidentifi cations prior to the confi rmatory

  line - ups. Analyses by Wells

  & Lindsay

  (1980) and Clark

  & Wells

  (2008)

  underscore that in many situations fi ller identifi cations and non - identifi cations

  can be highly diagnostic with respect to the quality of witness memory and

  identifi cation accuracy in single and multiple witness situations.

  Unfortunately, it seems that legal decision - makers such as jurors may not

  be properly attuned to the diagnostic value of non - identifi cations. Even if the

  non - identifying witness is offered in court, McAllister & Bregman (1986) raise

  doubts about the ability of jurors to give effective weight to non - identifi cation

  evidence. These researchers presented mock jurors with a series of one and

  278

  Handbook of Psychology of Investigative Interviewing

  two witness combinations of identifi cation evidence. Their results, using ratings

  on a 1 (innocent) to 9 (guilty) scale, showed a reliable increase in guilt ratings

  for a single identifying witness (M = 6.64) relative to a non - identifying witness

  who neither identifi ed nor rejected the defendant as the perpetrator (M = 5.14),

  but only a very slight and non - signifi cant decrease in guilt ratings for a single

  witness who said the perpetrator was not in the line - up (5.06) relative to the

  non - identifying control. The results show that mock jurors believed the single

  identifi cation to be diagnostic of guilt, but mistakenly believed the rejection

  of the line - up to have essentially no probative value.

  As suggested above, fi ller identifi cations are important partly because

  they raise questions about the witnesses

  ’ memory, but also because fi ller

  identifi cations can serve as a basis for estimating the rates of innocent

  suspect identifi cations. If witnesses are ‘ guessing ’ fi llers at a rate of 25%, as in

  Behrman

  & Davey

  ’ s

  (2001) archival study or Steblay

  & Dysart

  ’ s

  (2008a)

  meta - analysis, the average fi ller draws about 5% of witnesses selections in per-

  fectly fair arrays, and 5% would have to be guessing the suspect. If the suspect

  is the perpetrator 80% of the time, then four of those fi ve guesses would iden-

  tify a guilty person (though based on somewhat questionable ‘ evidence ’ ) and

  one in fi ve suspect guesses would identify an innocent person – the overall rate

  of mistaken identifi cations of innocent suspects would be 1 in 100 in this

  scenario.

  Unfortunately, as we have noted, there is a growing body of research indi-

  cating arrays are biased against suspects. It is not implausible that 15% of

  witnesses (rather than 5% in this instance) are guessing the suspect; and, again,

  if 20% of suspects are innocent, then 3% of witnesses will identify an innocent

  suspect. And lest the point be lost, another 25% of witnesses would be guess-

  ing a fi ller, thus raising signifi cant doubts about the quality of their memory

  and impugning the reliability of any subsequent identifi cations they might

  make.

  The bottom line is that if we are interested in getting some sense of the

  number of innocent suspects chosen by witnesses with defective memories in

  fi eld studies, we need to know the fi ller identifi cation rates of witnesses and

  the degree of line - up bias. With this information a reasonable estimate of the

  rates of innocent suspect identifi cations can be made, which would be valuable

  to defendants to raise questions about the reliability of identifi cations by wit-

  nesses who have previously identifi ed a fi ller.

  The s tate of e yewitness i dentifi cation

  s cience and p ractice

  Although psychological research on the sources of eyewitness identifi cation

  error started more than a century ago (Whipple, 1909 , in the fi rst of a series

  of reports on research mostly conducted in Europe, provides a succinct English

  Recent Developments in Identifi cation Science and Practice

  279

  language summary of the earliest research), and despite the fact that we have

  long had systematic evidence that eyewitness error is a primary source of erro-

  neou
s convictions, it is only in the past two decades that the rapidly growing

  body of scientifi c research and practice has begun to converge. Several factors

  have provided an impetus to this convergence. Recent DNA exculpations and

  exploration of the causes of those exculpations have signifi cantly raised public

  and criminal justice practitioner awareness of the important role that eyewit-

  ness errors play in producing erroneous convictions. Archival research, particu-

  larly from the UK, supplemented by research conducted in controlled settings,

  has provided further compelling documentation of the high rates of errors

  among actual witnesses who choose/guess foils. Decomposition of those

  errors indicates that the guessing rate is signifi cantly higher than foil choices

  alone would indicate. In the past few decades scientifi c research on the sources

  of errors and the role that identifi cation procedures and practices play in pro-

  ducing errors has matured to the point where it was possible, a mere decade

  ago, to advance a conservative set of practice recommendations (Wells et al .,

  1998 ), based on a mix of scientifi c and logical analyses. Some of these recom-

  mendations were quickly embraced by policy - makers in the form of the NIJ

  guidelines on identifi cation procedures.

  Recommended practices – suspects should not stand out from foils in arrays,

  witnesses should be instructed that the person who committed the crime may

  or may not be in the line - up, confi dence judgements should be collected

  and recorded at the time of an identifi cation – found their way into the NIJ

  guidelines. Other recommendations were considered, but were not incorpo-

  rated. The guidelines did not include the recommendation that identifi cations

  should be conducted double - blind. Nor did they include a recommendation

  for sequential line - ups, a practice that received favourable consideration by

  Wells et al .

  In recent years there have been halting steps to evaluate the impact of these

  practices in fi eld settings using experimental and non - experimental methods.

  Although the early studies have drawn signifi cant criticism with respect to

  their designs and data - recording practices, further research – some employing

  stronger research designs – is under way. It is likely that in the next few years

  we will possess strong evidence about the ways in which the procedures rec-

 

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