association between witnesses confidence and their accuracy B The answer may

Association between witnesses confidence and their

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association between witnesses’ confidence and their accuracy B. The answer may depend on several things, including whether confidence in the identification is expressed in the courtroom or at the police station and whether procedures used to obtain an identification were free from bias C. Whether witnesses’ statements of confidence at the lineup are indicative of accuracy depends on how that identification was secured and reported D. The suspect does not stand out from the fillers, the lineup administrator provides unbiased instruction and avoids giving post-identification feedback, and confidence is measured precisely and immediately after an identification Loftus (1974) - 18% conviction vs. 74% conviction (!) when eyewitness present!
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I. Jurors put a great deal of weight on the testimony from an eyewitness A. Loftus (1974) gave subjects a description of an armed robbery resulting in two deaths 1. 18% of those presented with only circumstantial evidence against the defendant convicted him 2. 72% convicted when an eyewitness’s ID was presented too Why do jurors overemphasize eyewitnesses accuracy? I. Jurors have a baseline expectation that eyewitnesses are accurate II. Jurors assume that eyewitnesses’ testimonies are a reflection of their memory quality, and not the way they were questioned or interacted with the lineup administrator (i.e. fundamental attribution error) III. Jurors over-rely on an eyewitness’s confidence when gauging accuracy Safeguards against mistaken identification I. Jurors could be informed about whether investigators followed the U.S. Department of Justice guidelines for conducting lineups II. Eyewitness testimony could be limited III. Allow psychologists who are knowledgeable about research on perception and memory to testify Expert testimony I. The testimony focuses on factors that influence eyewitness accuracy. Such testimony might indicate that: A. Extreme stress tends to inhibit coding B. Feedback from a lineup administrator can increase an eyewitness’s confidence C. Differences in the way lineups are constructed and presented to witness affect eyewitness accuracy II. The expert’s task is to provide the jury with a scientifically based frame of reference within which to evaluate the eyewitness’s evidence (does not tell the jury what to believe about a particular eyewitness or whether the eyewitness is accurate) III. Expert testimony tends to sensitize jurors to problems in witnessing and identification procedures Jury instructions I. The defense sometimes requests that jurors be alerted to the limitations of eyewitnesses; the judge decides whether to grant the request II. What effects do cautionary instruction have on juror’s beliefs about eyewitness accuracy? A. The Telfaire instruction reduced mock jurors’ sensitivity to eyewitness evidence, probably because that instruction gives little indication how jurors should evaluate the evidence III. These findings provide some hints about the type of jury instruction that could reduce the likelihood of mistaken convictions in eyewitness cases. Those instructions, as yet
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