In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know.
Weapon focus is the concentration on a weapon by a witness of a crime and the subsequent inability to accurately remember other details of the crime. Weapon focus is a factor that heavily affects the reliability of eyewitness testimony. This effect involves a witness to a crime diverting his or her attention to the weapon the perpetrator is holding, thus causing memory impairments and leaving less attention for other details in the scene, such as the attacker’s face, clothing or vehicle.
Together, legal psychology and forensic psychology form the field more generally recognized as "psychology and law". Following earlier efforts by psychologists to address legal issues, psychology and law became a field of study in the 1960s as part of an effort to enhance justice, though that originating concern has lessened over time. The multidisciplinary American Psychological Association's Division 41, the American Psychology-Law Society, is active with the goal of promoting the contributions of psychology to the understanding of law and legal systems through research, as well as providing education to psychologists in legal issues and providing education to legal personnel on psychological issues. Further, its mandate is to inform the psychological and legal communities and the public at large of current research, educational, and service in the area of psychology and law. There are similar societies in Britain and Europe.
A police lineup or identity parade is a process by which a crime victim or witness's putative identification of a suspect is confirmed to a level that can count as evidence at trial.
Kathy Pezdek is Professor and Associate Dean of the School of Behavioral and Organizational Sciences (SBOS), Claremont Graduate University in Claremont, California. Dr. Pezdek is a cognitive psychologist specializing in the study of eyewitness memory. She frequently serves as an expert witness in the area of eyewitness identification and has testified on this topic in Federal, State and Superior Court cases. Her extensive research has focused on a range of topics related to Law and Psychology that apply to both adults and children. These topics include face memory, false memory, suggestibility of memory, lineup techniques, and detecting deception. Kathy Pezdek is a Fellow of the American Psychological Society, has served as Editor of Applied Cognitive Psychology and is currently on the Editorial Boards of the Journal of Applied Psychology and Legal and Criminological Psychology.
In eyewitness identification, in criminal law, evidence is received from a witness "who has actually seen an event and can so testify in court".
The cross-race effect is the tendency to more easily recognize faces that belong to one's own racial group. In social psychology, the cross-race effect is described as the "ingroup advantage," whereas in other fields, the effect can be seen as a specific form of the "ingroup advantage" since it is only applied in interracial or inter-ethnic situations. The cross-race effect is thought to contribute to difficulties in cross-race identification, as well as implicit racial bias.
The cognitive interview (CI) is a method of interviewing eyewitnesses and victims about what they remember from a crime scene. Using four retrievals, the primary focus of the cognitive interview is to make witnesses and victims of a situation aware of all the events that transpired. The interview aids in minimizing both misinterpretation and the uncertainty that is otherwise seen in the questioning process of traditional police interviews. Cognitive interviews reliably enhance the process of memory retrieval and have been found to elicit memories without generating inaccurate accounts or confabulations. Cognitive interviews are increasingly used in police investigations, and training programs and manuals have been created.
Eyewitness testimony is the account a bystander or victim gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. Ideally this recollection of events is detailed; however, this is not always the case. This recollection is used as evidence to show what happened from a witness' point of view. Memory recall has been considered a credible source in the past, but has recently come under attack as forensics can now support psychologists in their claim that memories and individual perceptions can be unreliable, manipulated, and biased. As a result of this, many countries, and states within the United States, are now attempting to make changes in how eyewitness testimony is presented in court. Eyewitness testimony is a specialized focus within cognitive psychology.
Forensic developmental psychology is a field of psychology that focuses on "children's actions and reactions in a forensic context" and "children's reports that they were victims or witnesses of a crime". Bruck and Poole (2002) first coined the term "forensic developmental psychology". Although forensic developmental psychology specifically focuses on a child's reliability, credibility, and competency in the courtroom setting, it also includes topics such as autobiographical memory, memory distortion, eyewitness identification, narrative construction, personality, and attachment.
The study of memory incorporates research methodologies from neuropsychology, human development and animal testing using a wide range of species. The complex phenomenon of memory is explored by combining evidence from many areas of research. New technologies, experimental methods and animal experimentation have led to an increased understanding of the workings of memory.
In psychology, the misattribution of memory or source misattribution is the misidentification of the origin of a memory by the person making the memory recall. Misattribution is likely to occur when individuals are unable to monitor and control the influence of their attitudes, toward their judgments, at the time of retrieval. Misattribution is divided into three components: cryptomnesia, false memories, and source confusion. It was originally noted as one of Daniel Schacter's seven sins of memory.
Eyewitness memory is a person's episodic memory for a crime or other witnessed dramatic event. Eyewitness testimony is often relied upon in the judicial system. It can also refer to an individual's memory for a face, where they are required to remember the face of their perpetrator, for example. However, the accuracy of eyewitness memories is sometimes questioned because there are many factors that can act during encoding and retrieval of the witnessed event which may adversely affect the creation and maintenance of the memory for the event. Experts have found evidence to suggest that eyewitness memory is fallible.
The misinformation effect occurs when a person's recall of episodic memories becomes less accurate because of post-event information. The misinformation effect has been studied since the mid-1970s. Elizabeth Loftus is one of the most influential researchers in the field. One theory is that original information and the misleading information that was presented after the fact become blended together. Another theory is that the misleading information overwrites the original information. Lastly, scientists suggest that because the misleading information is the most recent, it is more easily retrieved.
Steve Penrod is a distinguished professor of psychology at the John Jay College of Criminal Justice. His education and career have led him to become an expert in the areas of psychology and law. He has contributed heavily to the field of psychology in the area of eyewitness memory, specifically the accuracy of eyewitness identification.
Gary L. Wells is an American psychologist and an internationally recognized pioneer and scholar in eyewitness memory research. Wells is a professor at Iowa State University with a research interest in the integration of both cognitive psychology and social psychology and its interface with law. He has extensive research on lineup procedures and the reliability and accuracy of eyewitness identification, and has been widely acknowledged in both the field of psychology and the criminal justice system. Wells has received many awards and honorary degrees and been widely recognized for his work and contributions to psychology and the implications his research has made to the legal system.
An eyewitness testimony is a statement given under oath by a person present at an event who can describe what happened. During circumstances in which a child is a witness to the event, the child can be used to deliver a testimony on the stand. The credibility of a child, however, is often questioned due to their underdeveloped memory capacity and overall brain physiology. Researchers found that eyewitness memory requires high-order memory capacity even for well-developed adult brain. Because a child's brain is not yet fully developed, each child witness must be assessed by the proper authorities to determine their reliability as a witness and whether or not they are mature enough to accurately recall the event, provide important details and withstand leading questions.
John Donald Read is a Canadian psychologist and is currently employed as professor of psychology and chair of the psychology department at Simon Fraser University in Canada. He works primarily in the field of Law and Forensics and has conducted research in the fields of human memory, eyewitness memory and the legal system.
D. Stephen Lindsay is a cognitive psychologist in the field of memory, and a professor of psychology at the University of Victoria (UVic), British Columbia. He received his PhD from Princeton University in 1987.
Verbal overshadowing is a phenomenon where giving a verbal description of sensory input impairs formation of memories of that input. This was first reported by Schooler and Engstler-Schooler (1990) where it was shown that the effects can be observed across multiple domains of cognition which are known to rely on non-verbal knowledge and perceptual expertise. One example of this is memory, which has been known to be influenced by language. Seminal work by Carmichael and collaborators (1932) demonstrated that when verbal labels are connected to non-verbal forms during an individual's encoding process, it could potentially bias the way those forms are reproduced. Because of this, memory performance relying on reportable aspects of memory that encode visual forms should be vulnerable to the effects of verbalization.
