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Study Conclusions:
- Miscarriages of justice can and do occur.
- Eyewitnesses can be wrong.
Media Conclusions:
- “Eyewitness testimony is the worst evidence you could possibly have, but at trial it’s the strongest evidence you could possibly present.” -ABC News
NIJ DNA Conclusions
Eyewitnesses Evidence
(Loftus, 1983)
Type of Evidence % guilty votes
- Eyewitness testimony 78
- Fingerprints 70
- Polygraph 53
- Handwriting 34
Common Errors
- Overestimate their ID accuracy
- Cross race ID’s poor
- Unconsciously transfer
- Susceptible to false memory formation
Memory
- Memory as a structure
- Memory as a process
- Context Effects
- Mood
- Interference
Context and Memory
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Sober Intoxicated Study Environment
Sober Test Intoxicated Test
Mean Errors on Test
More Factors Affecting
Eyewitness Accuracy
- Admonishment
- Selection of lineup fillers should be fair
- Investigator conducting lineup must not know who culprit is
- Lineups should be sequentially administered
- Mugshot books should not be viewed before lineup is conducted
- Out of 321major violator cases, 18 were found in
which the defendant claimed mistaken
identification at trial.
- Features of these mistaken ID trial cases were
compared to 3 other types of cases ( N = 234) that
also involved eyewitness ID’s:
- Trial cases in which defendant admitted the act ( n = 30)
- Plea bargained cases ( n = 138)
- Rejected cases ( n = 30)
Some Data From SD
SD Data
- Mistaken ID trial cases most often (89%) involved physical evidence implicating the suspect.
- Plea bargained cases generally involved better witnesses and less physical evidence than trial cases. But, suspects were usually arrested immediately on scene or within hours.
- DA generally screened out cases with little physical evidence, even those that had good witnesses.
Generalizability Issues
MedianRange^0 0.5^1 2 3…^0 40 80 120 160 200 240 280 320 360 400 440 480 520 Crime Report 1st Description 1st ID Arrest Preliminary Hearing Trial Sentencing
1st Description^0 0.5^1 2 3…^0 40 80 120 160 200 240 280 320 360 400 440 480 520 Identification
Criminal Archives
Hours after crime^ Laboratory Studies Days following crime
Hours after crime Days following crime
Date Rape Research
Victimization is not a random experience. Rather, the odds that you will be victimized depend on many factors.
- Victimization Survey Findings
- NCVS, UCR and Koss (1987)
- Rape Characteristics:
- Acquaintances.
- Drugs and alcohol likely to be involved. •Victim doesn’t report.
- Physical evidence supporting acquaintance rape often lacking.
Rape in San Diego
- On average, about 2 rapes are reported every day in San Diego.
- Most rapes take place between midnight and 5 a.m.
- The victim knows the attacker in 80% of the assaults.
- Women are most at risk in their own homes, and near and around a vehicle.
- Most happen in neighborhoods near commercial zones (downtown Gaslamp, stretches of University Ave and El Cajon Blvd, and Palm and Plaza Blvds in National City)