The Effect of Line-up Instructions on Eyewitness Response.

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The Effect of Line-up Instructions on Eyewitness Response.

Abstract

Many studies in eyewitness testimony have highlighted the probability that line-up instructions without mention that the suspect may not be present (NP), reduce identification accuracy, primarily by increasing false-positive identifications as the eyewitness most often assumes the suspect is present and there-fore makes a choice from the suspects in the line-up.  Other factors to consider are biased and unbiased instructions, likely to propose that a selection from the line-up is the appropriate response to the task.  In a court of law confidence, not accuracy is thought to be the most significant factor to convince the jury, nevertheless other studies show no relationship between confidence and accuracy at all.  The present study hypothesised that participant instructions (A/B) will make a difference on participant response where instructions in group A will be more likely to influence a correct response compared to Group B.  It is also hypothesised that speed of response (sec) will have an impact on correct/incorrect (C/IC) responses for Present/Not Present (P/NP) conditions.  And finally, it is hypothesised that the level of the participant’s confidence will vary between the Present and Not Present instruction conditions.

Introduction

Contested to be ‘among the most damning of all evidence that can be used in a court of law’, eyewitness testimony is one of the most disputed areas in Forensic Psychology (Loftus, 1979, p.8).  Many professionals have argued pejoratively, that it can be one of the most unreliable sources of evidence available to the justice system as it has been the result of many mistaken identifications and convictions (Loftus, 1974).  As eyewitness identification of a suspect from line-ups and photo-spreads is continued to be accepted as vital direct evidence in the court of law, growing concerns among researchers, in their belief that it is open to error, promotes further investigation (Wells & Loftus, 1987).  

Two areas at the centre of this debate is accuracy and confidence and how they may be influenced by the choice of words used, or not used, in the instructions given to the eyewitness in advance of the line-up. In particular, psychologists have carried out extensive research in attempt to establish improvement in accuracy of person identification (Wells, Small, Penrod, Fulero & Brimacombe, 1998).  Previous findings have linked line-up instructions with inaccuracy of identification in that the instructions have an influence on the eyewitness’s behaviour (Kassin, Ellsworth & Smith, 1989).  

Making a decision on a suspect from a line-up is considered as a behaviour, and the accuracy and error are thought of as the product of the choice however, choice and accuracy have a weak connection as the accuracy of a decision partly depends on whether the offender is present in the line-up or not.  It is apparent from exploring literature in the field of eyewitness that an ongoing issue of concern is the instructions provided to the eyewitness prior to the line-up, and whether they may be considered ‘biased or unbiased’ (Clark, 2005).  Largely, biased instructions are likely to suggest that a selection from the line-up is the appropriate response to the task, and as a result increasing the liability of a choice being made with potential misidentification.  

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Thompson & Johnson (2008), and Clark, (2005) argued that biased instructions strongly, although indirectly, imply there should be a selection as it fails to inform the witness that the suspect may not be in the line-up, thus leading to higher false-positive identification rates in line-ups where the suspect is not present.  In the court of law confidence, not accuracy is thought to be the most significant factor to convince the jury.  An eyewitness may be confident and sincere in their decision, but nevertheless entirely incorrect (Cutler & Penrod, 1988).  In contrast, other studies show no relationship between confidence and ...

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