Exam 2 I believe in you

What is the goal of Arousal-BasedMethods

Analyzes both verbal(what's being said) and nonverbal behavior.

Determining of Voluntary false confession for law enforcement

For the most part, law enforcement is able to determine that these are false, either, because it's impossible for that person to have committed the crime, because they don't seem to have any knowledge or awareness of the act other than what is publicly available, because their motivations to protect others are clear, that kind of thing

Who commonly wave their rights?

Innocent people waive their Miranda rights.

What is evidentiary value?

it has value as pieces of evidence as pieces of information that we can have confidence in

Cross Examination

- Does not increase jurors ability to recognize flawed research.

How do we limit eyewitness testimony?

- Judges could instruct juries about the potential weaknesses of eyewitness IDs and suggest how to interpret this testimony. - Judges could limit eyewitness testimony. For example, a judge could rule that due to the particular eyewitness conditions in a case, portions or all of the eyewitness testimony will not be admissible.

What are the two kinds of question asked on the Control Question Test (CQT) ?

- Relevant questions: - Comparison questions:

When determining the quality of a witnesses account what do we need to look at?

1. the conditions under which the event has occurred 2. the encoding of the event into long term memory

What may an interviewer do in a cognitive interview?

- The interviewer may cue a witness to mentally reconstruct the physical and emotional experiences that existed at the time of the crime. - The interviewer may direct the witness to form an image of the situation, recollect sights, sounds, smells, and physical conditions (e.g., heat, cold, darkness), and recall any emotional reactions experienced at the time.

Basic Information Processing: Memory- Retrieval (what effects the retrieval)

- The wording of questions can influence retrieval. For example ,asking "What was the man with the mustache doing with the young boy?"may influence memory of the man. - Unconscious transference - The way in which people are prompted to search into long term memory to recall their events can bias memory and lead to a selective account of what may have occurred without the witness being aware - The way in which a memory is retrieved, increases the likelihood that it's going to be recalled in that way in the future

What does DNA exoneration essentially involve?

DNA exonerations are individuals, that would have convicted that are spending time in prison, but through additional physical evidence of them found not guilt

What does DNA Testing sometimes reveal ?

DNA testing sometimes reveals that the person convicted of a crime was not the actual perpetrator.

What is of primary importance during the pre-interrogation interview?

Detection of lies and deception is of primary importance during the pre-interrogation interview.

What is the meaning of the double blind administration?

Nobody involved in the administration of the line has any knowledge of the suspect, of the perpetrator, of the presence of the suspect/ perpetrator in light of itself

What is the underlying mechanism through which the activation through exposure to stimuli leads to change in psychology?

schemas; those networks of information that structure and organize all that we know about the world. And when they're closely associated, when you activate one, it triggers the activation of other closely tied concepts and beliefs.

What is driving source for wrongful conviction? and Why?

unreliability and accounts from eyewitnesses, is the driving source of wrongful conviction because of the unreliability of eyewitness evidence paired with the common reliance on that evidence

How is it that 75 to 80% of DNA exonerations have involved a positive identification of the person who was exonerated?

1. Eyewitness memory is imperfect ,and can be undermined by elements of the viewing conditions and lineup procedures. 2. Police often stop investigating other leads and instead look for further evidence that implicates the chosen suspect (i.e. confirmation bias) 3. Eyewitness testimony, even when in accurate ,can be compelling to jurors

What major issues highlighted in the Central Park five case?

1. People confess to crimes they did not commit 2. Confessions, even when they are false, are detailed and persuasive containing information that only the person who had committed the crime may have knowledge of. 3. Sometimes confessions are more persuasive than DNA evidence

Why do we see a higher rate of Low IQ and Cognitive Deficiencies in False Confessions

They waive their Miranda rights. They're also perhaps more compliant with authority. They're less able to understand the consequences of the choices that they're making. They may lack a serious understanding of what the legal system is and what that means for them.

What does the meta analysis of Cross Race Effect tell us ?

This approach tells us that people are 1.4 times more likely to correctly identify somebody of the same race. 1.56 times more likely to falsely identify somebody of the other race

Kassin (2015)

This article concludes with a discussion of social and policy implications—including a call for the mandatory video recording of entire interrogations, blind testing in forensic science labs, and the admissibility of confession experts in court.There are two sets of reasons for the recommendation that interrogations be electronically recorded. The first is the expectations that the practice of recording will induce an attentional state of self-awareness, increase accountability, and deter the most aggressive police tactics, thereby reducing the risk of false confessions.A second benefit to the recommendation that interrogations be recorded is to provide an accurate factual record for judges and juries needing to assess the voluntariness and credibility of the confessions that are produced.Finally, it is important to note that although the video recording of interro gations is a reform designed to help prevent the occurrence of false confessions, two additional measures should be taken to minimize the rippling effects of these confessions once taken. The first problem concerns the way in which confessions can corrupt other evidence from lay witnesses and experts alike. The second added safeguard concerns the use of expert testimony at trial.

Does law enforcement or other legal actors have a similar (truth) bias?

This assumption that others are being truthful, does not characterize law enforcement. It's the opposite. The generalized assumption is that others are being deceptive.

What are Relevant questions ?

inquire about the crime under investigation in which deception is suspected to be common. ex.) Where were you at the time of the crime? History with the victim Relevant specifically, to the reason the polygraphs is being administered in the first place. To discern honesty and honest accounts of what occurred surrounding the criminal events

What conditions make it far more likely for a conviction?

prosecutors only think that guilty people confess, police only think that guilty people confess, as we talked about, jurors aren't going to be sensitive to these problems and these issues. They're going to believe that the defendant is guilty.

What is the witnesses job?

We want witnesses to be mindful that their job, again, is to make an identification based on their memory for their event. Do so when they have confidence that it's an accurate identification, free from the influence of any direction from police, and with knowledge that the perpetrator may not be there, or that the perpetrator his appearance may be different than the account where they're their recollection of the event itself

Why doesn't corroberating evidence in regards to confessions not apply here?

corroborating evidence doesn't really apply here. Because the value of corroboration depends on its independence. But if the independence is undermined, contaminated by confessions, we have problems

What can minimize the big danger with simaltenous lineups

unbiased instructions and double blind administration can minimize that

What is the paradignm used to study Cross Race eyewitness identification?

Implicit priming paradigm

What is the only goal of a police interrogation?

The only goal of an interrogation is to elicit a confession.

The cognitive interview has been shown to generate what?

The cognitive interview has been shown to generate substantial increases in correct recall though it can also produce a small increase in incorrect details.

Why are Jurrors sensitive physical violence but not not necessarily going to discount the seriousness of the confession upon learning about the psychological tactics?

- "I would never confess to a crime I didn't commit!" (Blandon-Gitlin, Sperry, & Leo, 2010; Leo & Liu, 2009) - Fundamental Attribution Error (Ross, 1997; Jones, 1990) - "I would know a false confession if I saw one!" (Kassin, Meissner, & Norwick, 2005) - Truth Bias(Gilbert, 1991) - "But there's corroborating evidence!" - Confirmation Bias (Kukucka & Kassin, 2014; Hasel & Kassin, 2009)

The problems with False Confessions in the Court Room?

- 73-81% of false confessors who went to trial were convicted (Leo & Ofshe, 1998; Drizin & Leo, 2004) - Confessions have a greater impact than other evidence (Kassin & Neumann, 1997) - Judges & Jurors do not fully discount confessions, even if coerced (Kassin & Sukel, 1997; Wallace & Kassin, 2012)

What is the devil advocate approach?

- Aim is to detect deception in the expression of opinions. - People are more able to generate reasons that support vs. oppose their point of view. - Ask people to justify their existing opinion and then counter-argue that view

What are the questions being brought up when talking about the use of fMRI for detecting deception?

- It's can be highly problematic when working with specialized populations like peoplewith medical or psychiatric disorders, youth, the elderly, and those who take medications or use countermeasures (that can interfere with objective measurement of brain activity) - and despite its accuracy of this method ranging from 76% to 90%, It costs millions dollars to operate let alone maintain and only people with specialization in this can use the machine.

How can brain wave analysis be used for detecting deception ?

- Brain fingerprinting evaluates neural activity to assess how a suspect responds to crime scene details known only to the perpetrator.

Lassiter et al. (2007)

- But there's an important caveat here, which you're going to read about in the Lassiter study, which is the ways in which the focus of the camera can distort perception. Last year, colleagues have found what they strongly advise against is focusing the camera on the perspective of the suspect, observes, are more likely to judge the confession as voluntary - Note that Lassiter and his colleagues (e.g., 2009) found that when the camera is focused on the suspect observers are more likely to judge the confession as voluntary, compared with the same confession recorded from a different camera perspective.

What did we learn from this study? & what does it mean?

- But what we learn here, that under pristine conditions, people have a real hard time remembering the face of people of different racial groups, much better do for their own race, and increased rates of false identification among white perceivers for Black innocent suspects, increasees function of racial times. - Simultaneous lineups that we did came after years and years of failing to observe evidence of racial bias accounting for cross race effect and sequential lineups. We still see in sequential lineups, people are not as good at remembering other as well same race faces. The size of that effect is much smaller than simultaneous lineups. But the difference that we do observe in sequential presentations cannot be explained by racial bias. We don't see any evidence of that. Meaning, and this is, I think, a tentative conclusion, that sequential presentation, not only reduces CRE, but can minimize the negative consequences of racial bias in eyewitness identification. - we've been able to identify the conditions under which that estimater variable is most consequential and how we can construct our lineups and interact with witnesses and procure eyewitness evidence in ways that minimizes the prejudicial influence of unreliable eyewitness evidence that comes through racial bias.

Basic Information Processing: Perception (what affects perception?)

- Certain variables can affect how well we take in information. - weapon focus effect - This demonstrates how perception can be constrained. And how our attention shapes what we see which influences what we remember

What are some examples of system variables

- Co witness interaction - Interview - Lineup Construction - Unbiased Instructions - Double Blind Administration - Post ID Feedback - Lineup Type

Can Brain-based lie detection be introduced in the courts ?

- Defendants and witnesses may try to introduce the results of these tests to demonstrate their innocence or bolster their credibility. - But some have pondered whether these practices constitute a "search" of the brain that should be governed by the Fourth Amendment's prohibition against unreasonable search and seizure. - Many commentators urge judges to resist the temptation to admit this evidence until more conclusive data are available. It's use in the courtroom is almost always constrained to when a defendant wants to introduce it, in order to provide evidence of their innocence. This might be changing as the quality and validity of these instruments improve, as the reliability improves that is, that it's administered consistently improves, perhaps some of these issues will be resolved, and fourth amendment objections to its inclusion and the court will go down. But as it stands, that's not happening right now.

Opposing experts

- Opposing experts can identify flaws in research, but this tends to make jurors skeptical of science generality. Does not make them more sensitive to methodological flaws.

What is the problem with the Cross Race Effect?

- Face recognition is fundamental. - Perpetuate group-based stereotypes and undermine intergroup relations. - associated with stereotyping and other forms of prejudice that can undermine the quality of those interactions and further inflame intergroup hostility - Eyewitness misidentification has contributed to more than 75% of convictions overturned by DNA testing (Innocence Project). - 30% of DNA exoneration cases involve CR ID. - less than half of cases of wrongful conviction involving an eyewitness identification have occurred when the race of the perpetrator and the witness are different.

In what ways have law enforcement and courts began to incorporate procedures recommended by psychologists and others for interviewing eyewitnesses ?

- In recent years, police have begun to incorporate procedures recommended by psychologists and others for interviewing eyewitnesses and constructing and presenting lineups. - In 1999, the U.S. Department of Justice recommended procedures for collecting eyewitness evidence —procedures based on psychological research studies. - the "landmark decision" by the New Jersey Supreme Court in 2011 (State v. Henderson, 2011) - Another "landmark decision", Perry v New Hampshire (2012)

Judicial Instructions on Standards of Proof:

- Instructions on the standards of proof should increase skepticism. - However, no direct test, yet. - But, jurors generally struggle to comprehend judicial instructions or legal concepts like standards of proof.

What interrogators do while interrogating a suspect in the interrogation room?

- Interrogators frequently challenge denials that suspects make. - Interrogators will challenge their claims about their alibis - Interrogators can lie about the evidence against them - Interrogators can present fabricated evidence. Even if interrogators have no evidence of suspects' wrongdoing, they can make them believe that they do. - Even when evidence of a suspects wrongdoing doesn't exist, police officers can make them believe that it does. Example.) Marty Tankleff case Marty, heard directly from the police that his father woke up and accused him of murder. This was completely untrue. I don't believe the father ever woke up. And certainly never pointed his finger at Marty. And we now know Marty never committed the crime.

When can and cannot a polygraph be used

- It does allow some jurisdiction that identify some circumstances under which it could be admissible, especially if the defendant chooses to admit or submit the result of their polygraph to court - But for the most part, defendants witnesses can't be forced to undergo it. And when they do undergo it, it's not commonly going to be introduced in the court room . In some jurisdiction, it can be used to substantiate witnesses statements. I think most forensic psychologists would advise against this. But if it's just being used as one of many different tools to acquire information and make informed choices about the direction of investigation, it can be acceptable. - In some states(e.g.,MA),it is illegal for employers to use it as a condition for employment. - Federal government commonly uses it during personnel screening and security clearances.

How do we improve a jurors' evaluation of eyewitness testimony?

- Jurors could be informed about whether investigators followed the U.S. Department of Justice guidelines for conducting lineups and for securing or procuring eyewitness accounts that have high edventury value -Testimony from eyewitness could be limited or prohibited (in some cases). - e.g., State v. Henderson (2011) + Perry v New Hampshire (2012; when applicable) - Allow psychologists who are knowledgeable about the research on perception and memory to testify with a particular focus on factors implicated in a particular case - Expert testimony tends to sensitize jurors to problems in witnessing and identification procedures.

Why do jurors overestimate accuracy?

- Jurors have a baseline expectation that eyewitnesses are accurate.(hugely influential) - 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). - Jurors over-rely on an eyewitness's confidence when gauging accuracy.

What type of bias do Law enforcement have ?

- Law enforcement have a lie bias- assuming also suspects/defendants are dishonest - contributes to False Confessions

How does videotaping affect police behavior?

- Less likely to use minimization & maximization - Do not try as hard to elicit confession - More accurate in assessing guilt

What are some examples of estimator variables?

- Lighting - Distance - Intoxication - Clothing/ disguise - Weapon focus effect - Retention Interval - Race of Witness/ Suspect

Basic Information Processing: Memory- Storage (what effects the storage process)

- Memory fades as the retention interval increases. - Post-event information can alter memories of an event (e.g., talking to other witnesses). - Post-event information that conforms to one's beliefs is more likely to be integrated into memory. - Viewing photographs of suspects after witnessing a crime can impair an eyewitness's ability to recognize the perpetrator's face in a lineup.

Miranda v. Arizona (1966) outcome/ruling

- Miranda requires that suspects be notified of their rights to remain silent & have counsel present. - Waivers must be made "knowingly, voluntarily, and intelligently" - in order to waive one's rights, that needs to be thoughtful, intelligent and deliberate. Miranda requires law enforcement to respect those rights. And only when citizens waive those rights can they proceed with questioning.

What are two important things about this line of work?

- Prior research has not established an empirical link between self-reported attitudes and recognition memory for faces. - Not assessed with.. - Contemporary measures of explicit racial attitudes - - Implicit attitudes - Sequential vs. simultaneous presentation formats - (the system variable) the presentation format for when we test the eyewitnesses memory (Sequential versus simultaneous presentation formats)

what is the cognitive method/s

- Researchers have developed interview protocols that elicit and increase cognitive load more in liars, who are already preoccupied, than in truth- tellers. - These interventions cause liars to show more diagnostic cues to deception. - By making a subject think harder in an interview ,investigators have been able to more accurately discriminate liars from truthful interviewees. - relatively easy to implement with proper training and understanding. They don't require some fancy device - grounded in psychological principles can increase the likelihood of uncovering deception

Basic Information Processing: Memory- Encoding (what effects the encoding process)

- Stimuli that are only briefly seen or heard cannot be encoded fully/ very well. The amount of time being exposed to the stimulus matters for the coding. - The complexity of a stimulus also affects its encoding. - Extreme stress usually causes the person to encode information incompletely or inaccurately. - The use of alcohol or drugs may undermine encoding - We all differ in visual acuity and hearing ability. Different expectancies about events can influence how they are encoded; we generally have a tendency to see what we expect to see

How can neuroimaging be used for detection of deception?

- Techniques such as functional magnetic resonance imaging (fMRI) use scanners to measure blood flow and oxygen utilization in selected parts of the brain. - Show that different patterns of brain activation have been shown to be associated with truth- telling and lying.

What are benefits of a double blind test ?

- witnesses are no longer willing, or unknowingly looking to the police officer for cues for their decisions - police officers are not knowingly or unknowingly signaling information that could direct a witness's identification

How do we know/ prove if a confession is false?

- There are only four reasons one can be certain that a disputed confession is false: - A suspect could confess to a crime that never happened. - It was physically impossible for the suspect to commit the crime. - The actual perpetrator is identified and guilt is objectively established. ex.) Central Park Five - There is evidence (e.g., DNA) that definitely establishes the defendant's innocence.

Why would a person confess to a crime he or she did not commit?

- To protect someone else (ex.)parents who want to protect minors may take responsibility for criminal acts, friends, who are concerned about the well being of others and wanna take responsibility for the crime) (pretty infrequent phenomena) - To escape the pressures of a harsh interrogation (more commonly) (ex. Central Park Five Case)

When Interviewees are prompted to argue against their preexisting view or narrative what happens ?

- Truth-tellers= provide more information to support their "true" opinion - Liars= provide similar amount of information for both sides (Because the account is fake, it's fabricated, it doesn't reflect reality. And if they're a good liar, they rehearse many different kinds of reasons that underpin their accounts). Increases accuracy 15-20%

What is the Historical Background on False Confessions?

- Until the mid-20th century, many "confessions" came only after intense questioning that involved promises, threats, harassment, and even brutality by the police. - Until 1966, the traditional test for admissibility of a confession was voluntariness. • A voluntary confession is given without overt inducements, threats, promises, or physical harm. • But voluntariness proved difficult for many reasons. - In the mid 60s or so, as part of the broader efforts to reel in problematic practices in policing and some problems within the criminal justice system, Supreme Court, as you know, began issuing decisions that reflect the broader concerns about the rights of citizens against aggressive forms of police tactics

What the three major coutagories of false confessions

- Voluntary false confession - Compliant false confession - Internalized false confession

What are some things that should be considered when talking about police lineup ?

- We care about the composition of the lineup. - We care about the way in which the lineup is administered. -Whether or not the administer of the lineup has knowledge of the suspects, and the location of the suspect in the lineup. - We care about what police officers say to witnesses after identification has been provided. -We care about the instructions that we given give witnesses about the line of task itself. There are biased or unbiased kinds of instructions. - And we care about the context and format in which we are asking witnesses to evaluate line ups.

On what key method does cognitive method operate around ?

- in general, these approaches sort of operate around the key assumption that cognitive load is an important feature of deception, and when imposed, can undermine the skill with which people are able to prevaricate, to deceive, and fabricate accountants.

What are the different mind sets liars and truth tellers use when they enter police interviews

- the guilty suspects seeks to hide guilty knowledge. So they avoid and they deny information. - Innocent suspect seek to demonstrate their innocence by being transparent and forthright.

Risk Factor for False Confession: Sleep Deprivation

- what we find is that people do or don't have sleep, show differential rates of confession. And that's pretty common in these false confession cases. As we saw 16 hours of being interrogated, those people were not sleeping, so that can have a negative effect can make person more vulnerable.

Is the Cross Race Effect reliable ?

-Findings remain consistent across a variety of research methodologies, contexts, and nations - The methodologies for studying CRE are robust

What was "landmark decision" in Perry v New Hampshire (2012)?

The due process protections against unreliable identification evidence apply only when the suggestive circumstances were orchestrated by the police

What are the three general categories of approaches?

1. Arousal-BasedMethods 2. CognitiveMethods 3. Brain-BasedMethods

What are some contributing causes of Wrongful Convictions?

1. Eyewitness Identification (72%) 2. Unvalidated/ Improper Forensics (47%) 3. False Confessions (27%) 4. Informants/ Snitches (15 %)

What are some Personal Risk Factors for False Confessions?

1. Youth and inexperience - Overrepresentation of juveniles in the population of false confessions,forensic lab research, basic developmental psychology 2. Low IQ and Cognitive Defiencies - overrepresented in forensic populations,Miranda comprehension, basic research 3. Highly compliant or suggestible personalities - These are folks that are just motivated to be agreeable, and maybe vulnerable to some of those report building strategies and tactics early and are more likely to believe that police officers, and a criminal justice system has their best interests at heart. So they may be more willing to comply, they may be more willing to go along with the requests of law enforcement even that means confessing the crimes that they didnt commit. 4. A history of Mental Illness - Drug dependence, anxiety, delusions, and other symptoms 5. Grief, Shock, and other transient emotional states - the event that the traumatizing event is one that a person has sort of incomplete recollection of, or there's ambiguity that surrounded like in the case of Marty, they may be more likely to doubt their own accounts and may be influenced by the pressure applied in. Ex.) Marty Tankleoff

What are some examples of system variables in ways that we can interact with witnesses, acquire and solicit information from witnesses and present that information in ways that we know is the most responsible, most likely to maintain the integrity of that account, and to screen out potentially problematic, unreliable information?

1.How eyewitness accounts are acquired at the scene of the crime, including: - Minimizing co-witness interactions and contamination. (by separating witnesses) - Securing confidence statements at the crime scene.(ASAP) - Using the cognitive interview 2. Construction and administration of the memory test(i.e., lineup/show up) - Lineup composition is fair and unbiased - Double-blind administration + no post-ID feedback - Unbiased lineup instructions - Sequential vs. Simultaneous formats

How much percent of confessors either provide a map or a reenactment of some portion of the crime

45% and yet this is almost always provided for them by the police themselves, sometimes drawn by the police themselves. It's corrected multiple times to get into what the police believe the evidence establishes.

How much percent of false confessors say that their statement was given to them volunitarily ?

50% but we know that those statements themselves could be feeded to them by the police. Sometimes police officers will write the whole confession themselves, and then ask the defendant to sign it

What does confession permit? and what happen when suspect later denies this confession?

A confession permits a district attorney or grand jury to bring charges. Even if the suspect later denies, the confession can be introduced as evidence at the trial.

What is priming ?

A prime is simply a stimuli in one's environment that you're exposed to. a prime could be conscious, it could be unconscious.

What is one approach to detecting deception?

Another approach to detecting deception exploits the fact that liars prepare themselves for anticipated questions by rehearsing.

How do people perform when detecting deception?

As a result, subjects in a meta-analysis correctly classified 61% of truthful statements as nondeceptive but only 47% of lies as deceptive. People perform worse than chance when the task is to detect deception.Its is slightly better for trained professionals Under more realistic conditions and when a broad range of factors are incorporated into judgment (like knowledge of the person's history, of their personality, knowledge of the case itself) detection of lies can jump to 67% (Hartwig & Bond, 2014) • Better, but good enough when 1/3 judgments are wrong

Why does a double blind line up reduce error compared to the single blind line up?

Double blind administration can reduce guessing and problematic identification patterns, even when other features of the administration are biased and problematic

What is the assumption that Arousal-BasedMethods have ?

Based on the premise that liars will be more nervous than truth-tellers and exhibit more nervous behaviors. the major assumption is that nervousness and anxiety is an indication of deception.

How does sequential presentation substantially reduces guessing and How does sequential presentation enhance actual identification?

Because sequential lineups result in fewer identification attempts and it reduces primarily mistaken identifications, and therefore enhances the diagnosticity of the information provided by witnesses

Why may intergroup attitudes influence experience and motivation individuating other-race faces?

Because we expect that people who have positive or negative intergroup attitudes will also be more or less likely to engage in categorization, or individuation

How accurately can people detect deception?What have these studies shown us about the skill with which the average person is able to differentiate between honesty and deception?

Bond and DePaulo (2006) determined that people are correct only 54% of the time, hardly better than chance. It's a coin flip, they're guessing there's no discernible pattern associated with detecting of deception and this is true for all of us. None of us are good at liedetection in general, on average, now. However that could go up with knowledge of the person that we're interacting with knowledge of the history of the events in question.

What brain fingerprinting do ?

Brain fingerprinting uses an EEG to record the electrical activity on the surface of the scalp, reflecting spontaneous activity from the underlying cerebral cortex. - These methods have high ranges of accuracy (85% to 95% accuracy), but only under pristine conditions that just are unrealistic

What are some ways that the Police can circumvent Miranda warnings ?

But there are ways to circumvent these warnings, such as trivializing the implications of a Miranda waiver for future outcomes for the suspect. - They might try to encourage suspects to waive their Miranda rights - One way to circumvent theses warnings is by telling suspects that they are not under arrest and are free to go. Under those circumstances there is no need to warn them that their statements may be used against them.

If we can't control naturally occrung phenomenas like a witness had too much to drink, the criminal event occurred during the night. What can we control?

But we can control the first contact with these witnesses at the scene of the crime like how police officers interact with witnesses, and how they test their memory. And the instructions, we provide jurors and judges so that they're aware of the potential unreliability of an eyewitness account.

Once Miranda is relevant, are the police gathering evidence or do they already have a suspect in mind and are proceeding to acquire evidence of guilt?

By the time Miranda becomes relevant, that innocent person who chooses to waive their rights is doing so under the mistaken assumption that they're being interrogated to discern guilt or innocence. That is not the purpose of the interrogation. The purpose of the interrogation is to get them to confess.

What is categorization ?

Categorization means perceiving/attending to a person based on characteristics or features of the social group to which they belong. This is the domain of stereotypes. This is where we get this outgroup homogeneity effect, the inability to see differences among individuals in a group or in a category.

Why might we want separate witness at the scene of the crime?

Co witnesses can interact and influence each other and we want the account provided by witnesses to represent their memory for the event, uncontaminated. If they're interacting with other witnesses they're being influenced by the account of other witnesses, they may intentionally or unknowingly incorporate another witness's account into their own report of what they saw which undermines evidentiary independence between witnesses.

What happens when we compare the two types of questions?

Comparing reactions to both sets of questions can give an indication of is responses to relevant questions activate high levels of physiological arousal. The expectation would be based on this theory of deception. That physiological arousal, if higher in the relevant questions than the comparison questions could indicate deception.

Kassin et al. (2012)

Confession evidence corrupts other evidence: Innocence Project case files (Kassin et al., 2012) Basic psychology research suggests the possibility that confessions—a potent form of incrimination—may taint other evidence, thereby creating an appearance of corroboration. To determine if this laboratory-based phenomenon is supported in the high-stakes world of actual cases, we conducted an archival analysis of DNA exoneration cases from the Innocence Project case files. Results were consistent with the corruption hypothesis: Multiple evidence errors were significantly more likely to exist in false-confession cases than in eyewitness cases; in order of frequency, false confessions were accompanied by invalid or improper forensic science, eyewitness identifications, and snitches and informants; and in cases containing multiple errors, confessions were most likely to have been obtained first. We believe that these findings underestimate the problem and have important implications for the law concerning pretrial corroboration requirements and the principle of "harmless error" on appeal.

Why would a witness gain more confidence in their account of the events later on, compared to when they had originally observed the event itself? What might influence a witness's confidence?

Confidence and accuracy are poorly related. Meaning that a confident witness is not necessarily more accurate witness, a big reason why that might be the case that confidence can go up, or go down for reasons independent of the accuracy of memory.

What is one of the most compelling reasons why jurors believe such identifications are accurate?

Confidence expressed by eyewitnesses is one of the most compelling reasons why jurors believe such identifications are accurate.

Why is confirmation bias hugely problematic in terms of false confessions?

Confirmation bias is hugely problematic because we know confession evidence corrupts other evidence in cases in which there's DNA exonerations that people will confess to a crime they didn't commit. They're more likely to have detected errors by polygraph examiners, fingerprint evidence errors, mistake eyewitness testimony, false judgments, and handwriting evidence Right, they're more likely to make mistakes with DNA, a higher rate of error and DNA evidence in cases involving confession.

What is the best strategy to use for the polygraph?

Control Question Test (CQT)

What happens when defendants/ suspects confess to a crime?

Defendants and suspects that confess to a crime, basically have very little legal recourse. Usually it ends the investigation, it leads to charges. It gives prosecutors great leverage and plea bargain and it's going to be admitted into court. And suspects are gonna have a really hard time explaining how it is they confess to a crime that they didn't commit.

What are the questions being brought up when talking about the use of brain fingerprinting for detecting deception?

Despite its high accuracy rate, its expensive, it requires a high level training that most police departments don't have.

What is a postdiction variable?

Does not directly affect the reliability of an identification, but it is a measurement of some process that correlates with reliability (Wells et al., 2006) (e.g., the confidence that a witness feels for an identification). Concerns variables that occur after identifications are provided and information is provided.

In what context, are we concerned about jurors or prospective jurors being honest ?

During the what is called the voir dear process, a group of prospective jurors are called into the court and are asked questions about their backgrounds or histories, potential sources of bias that could prejudicially influence their judgment. And sometimes jurors may strategically withhold information, or deceive attorneys during that questioning process or under some circumstances the judge themselves and they could misrepresent their true beliefs or attitudes, in ways that makes it more likely that they get placed on the jury or removed from the jury pool. And so there's a motivation to detect deception in that context.

What are some reasons why the average person may have difficulty discerning honesty or deception in their observations of strangers of people that they don't know?

Everyone thinks that they have this genius insight. But the other factor, anxiety. is nervousness, anxiety, sweating, which could be reflected in tone of voice

Why does evidentiary independence break down ?

Evidentiary independence breaks down because of the confession and if you're wondering why it is simply the case that the psychology changes and decision criteria changes when a person believes a suspect has confessed to the crime.

What is the biggest risk factor for false confessions?

Excessive Time/ Length of interrogation - The vast majority of U.S. interrogations last <2 hrs - Most defendants who confess do so almost immediately - Reid & Associates advise that 3 or 4 hours is sufficient and caution against any more than this - Drizin & Leo (2004) = ave. U.S. false confession interrogation time = 16.3 hrs. - Excessive time is accompanied by: - Stress - Fatigue - Despair - Sleep deprivation & other basic human needs that affect human decision-making

What often constitutes the only basis for an criminal investigation and what often serves as the only evidence introduced against the defendant?

Eye witness research/Eyewitness evedence

What is one of the primary causes for wrongful convictions in the criminal justice system?

Eyewitness evidince/ eyewitness identification

What might cause an eyewitness to express an increased certainty in their identifications?

Eyewitnesses sometimes express increased certainty in their identifications as a result of events that happen after they choose someone from the lineup (e.g., if eyewitnesses receive confirming feedback from the lineup administrator)

What is cognitive load?

Generally refers to cognitive activity, and sort of the headspace with which you're able to attend, to think about, reflect on in your thoughts

What is goal of the pre interrogation interview?

Goal is to identify and capture a suspect.

What is an easy way to know the difference between estimated variable and system variables?

Helpful way to think of estimated variables as the encoding and storage stage and the system variable as the recall stage, although there are some overlap

What are some other problems relying upon an expert testifying in cases ?

Hiring an expert is expensive, it's costly which means that only some defendants are going to have that as an option.

What are confidence statements?

How confident is the witness description of the event or the description of the perpetrator and potentially their identification of a perpetrator in a lineup of some kind.

What is the greatest risk factor for False Confessions?

INNOCENCE Innocent people naïvely during interrogation 1. More likely waive their Miranda Rights (kassin & Norwick,2004} 2. More willing to take a polygraph (Appleby & Hartwig, 2015) 3. Innocent people are more forthcoming to police - More likely to offer up alibis (Hartwig et al., 2007) - yet these alibi's aren't trusted (Olsen & Charman, 2011) - More likely to admit being at the scene (Appleby & Hartwig, 2015) - Likely tied, in part, to Belief in a Just World (Jordan & Hartwig, 2012)

Ideally who should the test be administered by?

Ideally the lineup should be administered by someone who does not know which person is the suspect.

What is the weapon focus effect?

If a weapon is present when a crime is committed, we may devote more attention to it than to the facial features or other physical aspects of the person with the weapon. Thus we miss details, and other potentially important information, because of how the salience of a weapon grabs our attention. The presence of a weapon can also affect the processing of auditory information.

How can can juries be persuaded that the confession that was acquired by the suspect was illegitimately or is false ?

If only there is clear evidence that physical coercion has been used but inherently coercive and psychologically manipulative tactics are all legal

Why might anxiety or nervousness not be particularly useful indicator of deception in regards to an innocent person and a guilty person ?

If you're an innocent person, there's a lot of reasons to be anxious. You're in a high stakes context, You're around intimidating authority figures that have a lot of control and power over you, and you're afraid of saying something that's potentially problematic that could be misunderstood If a person is guilty, there's a lot of reasons to be anxious bcs they might incriminate themselves for things that they've actually done, right? And they're concerned that they're going to be perceived as guilty because they have guilty knowledge.

What is self control?

If you're lying, you need to understand what that other person thinks and what they believe about you, what they know about the events. You then need to generate a narrative that accounts for your actions and behaviors in ways that doesn't incriminate you, that is calibrated correctly, to what others know about what you've done, or about the situation that you're lying about. And you need to be able to maintain that narrative consistently over time, especially in the face of questioning and under high pressure situations. Good liars think about what they're going to lie about ahead of time. They practice it, they rehearse it, they anticipate questions that will be asked of them.

In a cognitive interview what is the interviewer establish ?

In a cognitive interview, the interviewer establishes a rapport with the witness, then asks the witness to provide a narrative account of the event( without prompting, without guidance without solicitation or influence from the interviewer) , and finally, probes for details with specific questions.

What is the absolute judgement strategy?

In a sequential lineup, the eyewitness compares each member in turn to his or her memory of the perpetrator and, on that basis, decides whether any person in the lineup is the individual who committed the crime ( they make absolute judgements about each photo. Yes or no)

Why are there more mistaken IDs in a simultaneous lineup?

In a simultaneous lineup presentation, eyewitnesses tend to identify the person who looks most like the culprit relative to other members of the group (i.e., a relative judgment). • As long as the perpetrator is in the line up, the relative judgment process works well.

What is a traditional lineup/ simultaneous presentation look like?

In a traditional lineup, all lineup members are shown to the witness at once (simultaneous presentation)

What might be the instructions that you give a witness after time has passed the original criminal event in regards to the accusation of a potential suspect?

In addition to advising them that the suspect may or may not be the perpetrator, and the perpetrator may or may not be in the lineup, you also want to advise them, that the appearance of the perpetrator may have changed over time. If it's a live lineup, you know, people can change their appearance pretty dramatically in a short period

What is the Cross Race Effect ?

In general, we struggle to recognize accurately, the face, or the appearance of a person of a different racial or ethnic group.

How do opposing experts not improve jury decision making?

In many ways, opposing experts don't clarify they leave a heuristic based judgments, and they might create increase skepticism

What happens in the Control Question Test (CQT) ?

In the Control Question Test (CQT), the polygrapher asks a series of questions and focuses on responses to two kinds of questions.

What does default orientation in terms of face recognition mean ?

In the context of face recognition, what this means is that when a person is thinking in categorical terms, what they are attending to in the face are characteristics and features associated with their social group, often reflecting stereotypes about that social group. And they're not attending, to encoding nor able to recall features of the face that individuate them and that makes them unique as individuals.

Compliant false confession

In this type of confession, the suspect is induced to comply with the interrogator's demands to make an incriminating statement and they do so because they perceive it to be in their own self interest in that moment/at that time. Such confessions occur when suspects know that they are innocent. Here is an example of a person confessing to a crime they know they didn't commit, but they don't believe that they've committed but they think by taking responsibility for it will be within their own self interest. ex. Some of the Central Park five

What is Individuation ?

Individuation involves focusing on the individual what's unique about them, and that can include aspects of the social groups that they belong to, but it's nonetheless situated and centers that person as an individual.

Why do innocent people wave their rights?

Innocent people who wave their rights and then enter interrogation do so mistakenly thinking that they'll be able to demonstrate their innocence in the context of that interrogation and they also overestimate the extent to which their innocence is obvious to others, and mistake compliance, and agreeableness, for demonstration of innocence, and are also concerned of inferences from leaving and from invoking those rights

What kind of tactics can police officers use in order to get a confession in an interrogation?

Interrogations are inherently coercive and psychologically manipulative and thus they can lie, deceive, and make false promises in order to get a confession in an interrogation

How can investigators expose these lying tendencies?

Investigator aims to expose these tendencies through strategic question over the course of the investigation and use of evidence. Improves accuracy 30-35% 1. Ask open-ended questions ,without revealing available evidence - General "What did you do last Sunday?" - Specific "Did you or anyone else drive your car last Sunday?" 2. Compare responses to available evidence - E.g., Video evidence of car being driven 3. Truth-tellers= more likely to answer both questions accurately. 4. Liars= will avoid answering the question, as doing so could negate available evidence

What does unbiased lineup instructions do to the witnesses ?

It advises witnesses, that this may not actually be the person and that you are not obliged to make an identification that you don't have confidence and that it's not your job to validate the investigation by the police. And it's not your job to express confidence in that identification of what you're uncertain about. Doing so can reduce guessing and increase more careful deliberate judgments from witnesses

How does flawed eyewitness evidence munipulate the police, jurors, and judges ?

It can constrain the investigation, it can promote confirmation biases in those investigations, and it can have a prejudicial or outsized influence on how jurors evaluate the case against the defendant.

How do well-intentioned witnesses unknowingly contribute to the conviction of an innocent person?

It does not flow from intentional efforts to deceive or misrepresent but through human psychology that compromises our memory and can bias our accounts and our recollections in the information that we report.

Why would the FBI use the polygraph for personnel screening and security clearances.?

It functions as is creating a situation which people believe that the honesty or deception is readily uncovered by this device, the hopes that that will make them more honest

Why it is that we're so good at remembering faces of people that are similar to us, and so bad at remembering the face of people that are different than us or why does CRE happen ?

It has to do with the difference between individuation and categorization.

Why won't the Polygraph probably not meet the Daubert Standards?

It lacks validity, it lacks known error rates, and it lacks general acceptability within the scientific community. Thus its not commonly introduced in the courtroom.

What is a show up line up?

It normally occurs within close proximity, but in terms of time, and geographic space, to the event of a crime. Police Officer respond to a criminal event, they interview witnesses, they get a description of the perpetrator, they searched the immediate area for something that matches that description. Half hour, hour later, they returned to the scene of the crime where the witnesses are still present. And they say hey, this is the guy or is this the guy Yes or no? Here you have somebody in handcuffs in the back of a car. This is a (almost) coin flip away from sending that person, the person being ensnared by the criminal justice system.

What makes one move from categorization to indivuiztion?

It occurs as a function of both motivation, to process a face in an individuating way and the skill to process those faces in individuated ways that comes from prior experience

What does telling them that the perpetrator may not be in the line up do?

It reduces guessing and improves a diagnosticity of an eyewitness identification, meaning that the evidentiary value of that judgment goes up and the criminal justice system can have confidence that whatever that judgment might be

Since individuation and categorization is situated on a continuum (one is either are engaged one or the other)What is the default orientation?

It requires minimal psychological resources, requires very little expertise, very little prior experience. We tend to see people automatically in terms of the social groups that they belong, and only when we're sufficiently motivated to think about them as individuals do we engage in individuation

Why is the first stage of the lead up to confession- pre-Interrogation—"Softening Up" the Suspect?

It's a way of establishing some level of trust, so that that person is more willing to be honest in that space.

How can you limit eyewitness testimony?

Judges could instruct juries about the potential weaknesses of eyewitness IDs and suggest how to interpret this testimony.

What are the Procedural Safe guards that "work"?

Judicial Instructions on Standards of Proof: Opposing Experts: Cross-Examination:

The defense sometimes requests that_________be alerted to the limitations of eyewitnesses; the___________ decides whether to grant the request.

Jurors and judge

Vitriol, Appleby, & Borgida (2018)

Looking at what's called the cross race effect, and eyewitness memory. And we talked about this when we discuss prejudice and bias and stereotypes.And it refers to the implications of output homogeneity, on memory recall. People in general just simply struggle accurately remember the faces of people of different racial ethnic groups then their own. So interracial criminal events were witness and the perpetrators race are different. Create the possibility that the witness may not be able to accurately encode the facial features, or recall it accurately in the same way they would if the perpetrator was of the same race. Some of these issues, you probably have anticipated that the benefits of sequential presentation versus simultaneous presentation. And in that paper, we show a link between individual level racial attitudes and biases, and increased rate of false identification of black suspects in a simultaneous array context. But we don't observe it in a sequential presentation context. So we know both theoretically psychologically.

After a suspect waves their Miranda right what can happen?

Many suspects waive their Miranda rights, and after a suspect voluntarily enters the interrogation room, investigators can use any number of tactics to obtain a confession.

Although there are many false confessions documented...

Most confessions are not false. False confession is a hugely problematic phenomenon. It exposes problematic practices and police interrogations. It's a major source of wrongful conviction. But it is not a general phenomenon.

Berghuis v. Thompkins, 2010; Salinas v. Texas, 2013 outcome/ruling

Must explicitly invoke rights (Berghuis v. Thompkins, 2010; Salinas v. Texas, 2013) • Simple exercising the right can be used against you if you do not explicitly announcing that you are invoking your rights.

Is the assumption that liars will be more nervous than truth-tellers a valid assumption

No it is not. Especially in the context everyone's going to be nervous and anxious in the situation.

What is the interrogations

Not fact gathering rather confession getting

What kind of tactics might the police use for the interrogation context?

Order of technique 1. Custody and isolation - e.g., the interrogation room, time stress, to create helplessness, dependency on external actors , incentive to escape/withdraw from the interrogation setting, they wave their Miranda rights thus they have no legal counsel 2. Negative incentives - e.g., accusations, evidence fabrications, attacks on the subject's denials 3. Minimization techniques - e.g., sympathy and understanding, normalization of the act so they less likely to raged as subject to punishment, promise of leniency if the the suspect confess to the crime

What do people generally have ?

People generally have a truth bias

What is double blind administration?

Person creating and administering the lineup should be blind to the identity of the suspect.

What do police offers not have control of ? What does this mean?

Police officers do not have control of the lineup. Without control over the fairness of the lineup, there is no standard for determining the validity of the memory test

What is the 1st stage that could lead up to a confession?

Pre-Interrogation—"Softening Up" the Suspect - When a suspect arrives at the police station for questioning, they generally want to build a rapport at the very beginning. They want to establish trust, they want to perceive the police officers having their best interests in heart and as an advocate working on behalf of their own best interests —asking benign questions, engaging in pleasant small talk,the use of flattery, the downplaying of the seriousness of the act. - But the police will begin to subtly exert pressure on him or her to talk.

What was the "landmark decision" by the New Jersey Supreme Court in 2011 (State v. Henderson, 2011)?

Pre-trial hearing to evaluate factors known to undermine the reliability of eyewitness evidence Jury instructions should be evidenced based, modified to facts of case.

What is some Reform being implemented recently to reduce false confessions evidence in the courtroom?

Recording police interrogations - Recording all police interrogations can provide a complete, objective, and reviewable record of how the suspect was questioned. - Recording can deter manipulative tactics by investigators and frivolous claims of coercion by defendants.

What do relavent questions and comparison questions focus on ?

Relavent questions could focus on the crime comparison questions, focus on things unrelated to that.

What is the responsibility of a forensic pshycologist?

Step in and make concrete determination about a particular piece. Their responsibility is to educate inform the jury, and jurors about potential sources of unreliability, about what the science tells us, and to suggest that the presence or absence of specific factors or cases, or features of this case, has been studied and what we know about it.

What depends on the quality of the suspect (who in this case is a liar) theory of mind?

The effectiveness of that account depends on the quality of their theory of mind. which may not be open to or recognize what investigators know about criminal events, about what was observed at the crime scene about what other witnesses had to say about the credibility of an alibi.

How do we minimize undue bias and undue influence on the witness's account?

We use a technique developed by psychologists for interacting with witnesses in a way that minimises bias called cognitive interview

What does weapon effect appear to be caused by?

Selective Attention:we have limited attentional capacity.

What are some reasons why deception might be difficult for some people?

Shame,I'm betraying your trust in me, I am presenting myself in an inauthentic way. those are accompanied by emotions that might signal caution.

What is an alternative to the traditional lineup/ sequantial presentation?

Show lineup members sequentially (sequential presentation). The witness makes a decision about each lineup member before seeing the next.

What is the default way in which most citizens interact with the police

So anxiety and nervousness, is probably the default way in which most citizens experience or interaction with police. And it may not vary across being guilty or innocent, lying or telling the truth. And yet people rely upon these cues, largely based on popular culture, other kinds of myths about eye gaze, of nervousness.

What kind of questions are deceivers vulnerable to?

So the deceiver is vulnerable to question that they haven't anticipated question and questions that reflect knowledge that they're unaware of the investigator has, and asking questions along those lines can expose potential deception

What is a Metaanaylsis ?

So they take every study that's been published in the peer reviewed literature. And they provide a quantitative summary of the average effect across different samples, measures, context, time, etc. and provide us with an estimate of the overall effect that's been observed.

Voluntary false confession

Such a confession arises because people seek notoriety, desire to cleanse themselves of guilt feelings from previous wrongdoings (not common), want to protect the real criminal (seen a lot in domestic violence case), and have difficulty distinguishing fact from fiction. ex. JonBeniet Ramsey case and we would know that these are false largely because it's impossible for this person to confirm whose confessing to actually engage in the crime.

Internalized false confession

Such a confession can be directly related to the highly suggestive and manipulative techniques that interrogators sometimes use during questioning. As a result of manipulative interrogation, suspects confess because they come to believe that they have committed the crime, they internalized this, they convinced themselves that they actually engaged in wrongdoing The distinction here is is that the confession comes from a person who's been persuaded that they've committed a crime. ex.) the Marty Tankleffncase is as close an example

Where can social behavioral scientists have the biggest impact? and How?

System variables; we're able to develop and design policies, ways of interacting with witnesses, ways of evaluating memory, ways of cautioning jurors and judges against potential sources of unreliability and eyewitness evidence, using scientific approaches known to promote the evidentiary value of eyewitness evidence and the objective and informed the use of that evidence and legal decision making.

What is the default orientation suggest?

That suggests is that people who have experience around people of different racial/ethnic groups, and who are motivated to think about members of those groups as individuals, may be more likely to engage in individuating strategies.

Without the investigator instructing the witness that the offender may or may not be present the eyewitnesses may assume what?

That their task is to pick someone, so they choose the person who looks most like the perpetrator.

What is commonly known example or prototype of this false confession phononomena ?

The Central Park Five

What is the goal of the interrogation techniques themselves? and How is this accomplished?

The Goal is to motivate the suspect to see that an admission is in his or her best interest. Accomplished by breaking down a suspect's defenses, lower his or her resistance, and instill feelings of fear, despair, and powerlessness that can only be relieved by confessing.

What is an example of police interrogation that is coercive and psychologically manipulative tactics but is still legal?

The Marty Tankleff case. They told (lied to) Marty that his dad woke up from the hospital and blamed him for the crime and thus he confessed, and that alone was enough to convict him. He challenged that confession later on in court but was unable to persuade the jury that it was false.

What effects do cautionary instructions or Telfaire instructions have on juror's beliefs about eyewitness accuracy?

The Telfaire instruction can reduce mock jurors' sensitivity to eyewitness evidence, probably because that instruction gives little indication how jurors should evaluate the evidence.

What is theory of mind?

The ability to understand what others think, how they perceive you and the environment that you're in.

Is there an association between witnesses' confidence and their accuracy?

The answer may depend on several things: • confidence in the identification is expressed in the courtroom or at the police station • whether procedures used to obtain an identification were free from bias. - depends on when that confidence statement was acquired - and it depends on whether or not they expressed competence has changed over time

What is the big danger with simaltenous lineups?

The big danger with simultaneous lineups is the witness approaches it with a belief that the suspect the perpetrator is in the lineup.

What is the expectation or underlying assumption of the Brain Based Method?

The expectation, or the underlying assumption is that there are certain types of activation patterns and brain functioning, that covaries closely with deception, right, that there are certain parts of the brain that are activated when we're lying that aren't activated when we're telling the truth. Right, that there's certain types of patterns that are activated when telling the truth but not when telling the lie. If we can identify those that we might be able to infer whether or not a person is being honest or not.

What is the expert's task when giving expert testimony?

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).

What is the goal of the interviewer in a cognitive interview?

The goal is to allow the witness to direct the subject matter(to freely recall events without direction) and flow of the questioning , interrupts infrequently, and listens actively to the witness's responses. - We do not want anything that could potentially influence the witness's account. We want them to freely disclose all they recall.

What happens when suspects/ defendants wave their Miranda rights and begin to talk?

The interrogation shifts from a rapport building exercise where trust is the goal and credibility of the interrogator with the suspect is the goal to a more accusatorial confrontational orientation.

Who selects the fillers and knows which person is the suspect?

The lineup is typically conducted by the detective who selected the fillers and knows which person is the suspect.

Why do you think that interrogation lasts longer than two hours raise red flags?

The longer you're in this terrible situation, the more you want to get out of it. And the more willing you are to do whatever it means to get out.

When is the police required to give Miranda warning?

The police are required to give the Miranda warnings prior to questioning.

How is it possible that somebody who we now know didn't commit a crime confessed in such a way that they showed privilege knowledge and understanding of the facts of the case?

The police can give them information that was true about the case and even more dramatically, often police officer who will write the entire confession and ask the defendant or the suspect, to sign it

What is the polygraph?

The polygraph (i.e., lie detector) is a computer-based machine that measures blood pressure, electrodermal activity, and respiratory changes during questioning.

What make the Cross Race Effect an estimator variable?

The race of the perpetrator, the race of the witness has nothing to do with anything, that the criminal justice system has power over. These are features of the criminal event that have emerged organically

Why do police conduct pre-interrogation interview?

The reason why the police conduct pre-interrogation interviews on witnesses and suspects is because inorder to gather evidence and information as part of a criminal investigation, based on their theory of who committed the crime

Why might Sequential versus simultaneous presentation format matter?

The sequential format is an individuation paradigm. You're seeing a photo one at a time. While the simultaneous lineup engages relative judgment because the person is more commonly going to choose at a higher rate thus increasing guessing.

Why is the act of making up evidence of a suspects wrongdoing that doesn't exist a valuable tool if your goal is to scollict confessions ?

The suspect may start doubting their own account. It's possible that when you learn all this evidence from these sources that have authority, have credibility, that have confidence and are acting with integrity and lawfully are telling you all this information, it's hard to ignore that and dismiss that and stand true to one's own private knowledge of what occurred. When the event itself is ambiguous, when it occurred in the context of a traumatizing event, that a person may doubt their own recollection, and may incorporate some of that information into how they think about it and internalize that evidence against them in their confession. ex.) we saw this with Marty. Right. He came to believe that that was true. And he doubted his own recollection. And his recollection was trauma. Right, he had no knowledge of the event, all he did was uncovered the dead bodies of his parents, and called the police.

What does export testimony focus on and what might the testimony indicate ?

The testimony focuses on factors that influence eyewitness accuracy. Such testimony might indicate that • extreme stress tends to inhibit encoding. • feedback from a lineup administrator can increase an eyewitness's confidence. • differences in the way lineups are constructed and presented to witnesses affect eyewitness accuracy.

What must the account be closely represented of ?

Their memory for the event. Not their perception of other witnesses accounts, not their perception of what the police thinks may have happened, not the influence of media accounts and media reports. Thats why

What are the two features of deception ?

Theory of mind and Self control

What is the distinction between an interview and an interrogation?

There is a distinction between the interrogation, which is not a fact gathering initiative and an interview, or an investigation, involving an interview, which is a fact gathering effort or enterprise.When police officers move to interrogation, the goal is not to acquire truth, but to get the defendant or the suspect to confess to the crime. At that stage, the police already believes and has confidence that a suspect has committed the crime. And they're using that interrogation to secure a confession, deception and detection of deception matters in that context. But really, what we're talking about is before it escalates to the point of an interrogation, again, where the interrogation is intended to elicit a confession to the crime.

what kind of effect will Brain based lie detection be on jury's?

There won't be any legal objections to the use of cognitive methods. But the question about the brain based methods, assuming that it has a high level of validity, this introducing that kind of evidence, have prejudicial impacts on jurors. And we see other kinds of concerns about this. Testimony from experts, it has scientific language and scientific jargon, can be given more meat weight by jurors, when the same thing is conveyed with less technical language, because people will engage in heuristic based processing, wow, look at these fancy patterns of the brain, they have this instrument that's detecting neural activity, it must be scientifically valid and highly consequential. Right. And so that's another concern, not just Fourth Amendment concerns, but also whether it prejudices the jury, and that once you introduce brain based methods for detecting deception, everything else is sort of discounted and not thought about seriously.

What are implicit attitudes ?

These are attitudes that a person may not have conscious awarness of or control over, but are nonetheless influenced by virtue of being socialized in a particular context

What do the factors of estimator variables affect?

These are factors that affect viewing conditions, memory coding, and the likelihood that the event has been seen objectively and accurately and encoded objectively and accurately

What is a system variable ? *Will be on the exam*

These are factors within control of the criminal justice system that can influence the quality of the information under the control of the criminal justice system. - within control the criminal justice system

Why are young people particularly vulnerable in false confessions?

They are used to listening to authority figures like adults/ figures of authority, they don't understand the consequences of their actions. And until recently, they may not have had legal representation or or the support of a legal guardian.

So what happens when people are engaged in categorization?

They attend to stereotypical features that are not diagnostic of the individual's identity.they attend to stereotypical features that are not diagnostic of the individual's identity.

What can forensic pshyologists do and not do ?

They can't provide a concrete determination about a particular case. But they can equip jurors with broad context and information about specific features of this case that equips them with a knowledge of source of unreliability that they can then apply to that case.

What happens when the police confirm or validate the decisions of a witness?

They risk enhancing their confidence in ways that aren't calibrated to the accuracy of their memory, that a post identification feedback can enhance confidence, even among witnesses who are inaccurate

How do we train, especially law enforcement and other professionals to improve the ability to detect lies? What kind of strategies? What kind of tactics can we implement to do this?

Training observers can make them better The question of what it is that we're training them on and what kind of tactics they're using is one that can easily be forgotten? When we talk about training? What do we mean by training? What kinds of tactics? What kinds of strategies? Are we actually teaching people in order to improve their accuracy? The training for police, and law enforcement is probably going to be different than other settings, in part because of the biases that they enter those situations with. So for police, the concern is excessive tendency to perceive others as lying and do not necessarily pick up on innocence. So the kind of strategies kind of training that we want to do may be different if our goal is to correct erroneous judgments of deception and in other settings we want to correct for naive judgments of honesty we might need to use different kinds of strategies.

What happens in United States v. Scheffer (1998)

U.S.S.C allowed jurisdictions to determine if polygraph results are admissible. - It does allow some jurisdiction that identify some circumstances under which it could be admissible, especially if the defendant chooses to admit or submit the result of their polygraph to court

What is Uncouncius Transference?

Victims may pick from a lineup someone they have seen before but who is not the actual criminal.

What is the principle of evidentiary independence?

We do not want independent features of information or evidence to be influenced with each other, it loses independence under those circumstances.

What is the Steps of a confession by law enforcement text book

We establish rapport, build trust and credibility, isolate the suspect, create helplessness and dependency, accuse them of the actions, challenge rationalizations and accounts for what occurred, and then begin downplaying the seriousness of the actions themselves. Strengthening the perception that this is a person that could help you in and then promising them leniency in order to secure the confession.

Why don't we engage in categorization of members of our own racial group?

We know what features characteristics are unique or diagnostic of that individual. Because we have a lifetime of experience processing their faces interacting with folks just like that. So individuation is common, it's easy, automatic for people that we have experience with.those that we don't have experience with for whom we may hold negative stereotypes about the categorization becomes more common. And as a result, error becomes prevalent.

What is the Central Park Five case

What stands out is that we now know, five juveniles were wrongfully convicted, at least one maybe second, I don't remember specific, was tried and convicted as an adult, they all spent, and they spent a lot of time in prison. And we now know that they not only were convicted for crimes they couldn't have committed because we have DNA evidence linking another person to the actual event. And there's no actual evidence implicating the people that were arrested and convicted. But more than anything, but convictions, hinged on confessions provided by these young people, confessions, about their own criminal behavior, and confessions about the criminal behavior of each other. And you'll know now that it's inaccurate, they didn't commit the crime. But they were pointing the fingers at each other. And some of them even accepted responsibility and confessed to these crimes

What happens when a police interrogation occurs?

When an interrogation occurs, it is no longer a fact gathering effort. An interrogation is not intended to uncover facts and evidence and information.

What happens when the police capture a suspect?

When the police captures a suspect they believe that suspect has committed the crime thus one of their first acts is to encourage them to confess.

When is there a reason to be concerned about the possibility of wrongful identification ?

When the race of the perpetrator and witness are different, we have an interracial events, there's reason to be concerned about the possibility of wrongful identification.We already know this feature is present. And it's associated with error.

How does the monkey business illusion help us understand the weapon focus effect?

When the weapon comes out all we do is looking at that and thus we miss everything else

When the witness has mentally reconstructed the event, the interviewer asks for what?

When the witness has mentally reconstructed the event, the interviewer asks for a detailed narrative and then uses follow-up questions to probe for specific information.

What happens when we asses competence immediately after the event, or as close to the event as possible?

When we assess competence immediately after the event, or as close to the event as possible, and we control the potential influence of extraneous factors. confidence and accuracy are related

Are polygraphs commonly used in police investigations?

While polygraph tests are commonly used in police investigations in the US ,no defendant or witness can be forced to undergo the test.

Witnesses are sometimes asked to recall events in what orders?

Witnesses are sometimes asked to recall events in different temporal orders (e.g., describing the event from the end to the beginning), from different perspectives, or from the point of view of different people.

What is the relationship between confidence and accuracy in a witness?

Witnesses that are highly confident, tend to be more accurate than those who are not. Okay. And especially witnesses that have low levels of confidence, we know have very low levels of accuracy

Do jurors put a great deal of weight on testimony from an eyewitness ?

Yes

Who are the specific types of individuals that are more likely to waive their Miranda rights ? and Why ?

Young and mentally impaired suspects,folks who have cognitive deficits, who have cognitive impairments, who have drug and alcohol addictions. These are things that make it more likely, unfortunately for them to waive their rights.

What is the voir dear process

a group of prospective jurors are called into the court and are asked questions about their backgrounds or histories, potential sources of bias that could prejudicially influence their judgment.

What are Comparison questions?

are not directly concerned with the crime but are designed to induce an emotional reaction because they cover common misdeeds that nearly all of us have committed. Considered the standard/ the closest thing to it. Now we have responses to questions in which the motivation to lie is high. And we can compare physiological arousal to responses to questions in which the motivation to lie is low.

What is a truth bias?

biased toward judging statements as being truthful the default orientation is that you're going to be sincere, authentic and honest, in your in what you're disclosing, right. So when I have that assumption, I may overestimate the number of people that are being accurate and honest. So this is a bias towards judging statements as truthful. We've commonly observed this, among lay people, average people, folks like you and I, most of our interactions, even in settings when which we think deception may be common. We tend instead to assume as our default position that others are being truthful and then correct as we uncover reasons to doubt that assumption

How can we induce cognitive load ?

by asking them to provide details in reverse chronological order can be highly effective because it allows people (liars) to recount events in ways that might operate outside of that framework that they've rehearsed

What matters for face recognition, inter racial and intergroup interactions?

categorization and individuation matters for face recognition, inter racial and intergroup interactions

What is an estimator variable ? *Will be on the exam*

estimator factors tell us and allow us to estimate the quality of the witness's memory based on the conditions under which they observed the crime and information provided by an eyewitness is - not within control the criminal justice system.

What can perception be influenced by?

expectations (stereotypes) and beliefs

Is expert testimony common ?

expert testimony is uncommon even in cases that do go to court. And it's absent in the large bulk of cases involving plea bargains. And the willingness for experts to work on cases is selected.

Why do Jurors fail to discount a confession elicited by high-pressure tactics of interrogators?

fundamental attribution error—they do not see the external situation as a determinant of behavior

What is the goal of these cognitive methods?

goal here is to elicit an increased cognitive load

If the actual culprit is not shown, Why can a positive identification still occur?

if the actual culprit is not shown, a positive identification may still occur because someone in the group will always look most like the culprit.

What is relative judgement strategy

in the simultaneous array, the kind of strategy a witness may adopt in their decision

why must the police do in order for the account to be closely represented of their memory of the event?

it is very critical when law enforcement arrive at a scene of a crime to separate witnesses and get an account of the extent to which they influence each other and talk to each other. And immediately secure confidence statements at the scene of the crime

How do we reduce jurors undue reliance on unreliable eyewitness evidence?

one approach is to change or write judicial advisement on the standards of proof (It should increase skepticism) reminding them that they're only advised to reach a guilty verdict, when the evidence presented is beyond a reasonable doubt, reminding them of that standard. And clarify what we mean by that standard should mean that they're stuck with a little bit less willing to convict

why can strategic withholding or strategic use of evidence and information be an effective strategy ?

presume a person's behavior was videotaped/video recorded and so the behavior at a particular moment in time is known to the interrogator/ to the interviewer . And they simply ask the suspect, where were you at this occasion? Now that suspect has to provide an answer without knowledge of what you know about them. And it becomes easier to potentially expose a deception. Contrast that with a question like, hey, we saw a video recording of you at the bank on Sunday, what were you doing? Now you're disclosing information, and allowing the liar to account for that information. And you're doing so in a way that guides them towards a more compelling and credible alternative account of events. It's a strategic way of holding information. And conducting the interview with the goal of leveraging potential gaps and theory of mind is an effective approach to reducing or to improving the accuracy of detecting deception

What is the prisoner's dilemma?

prisoner's dilemma is where two parties, if they both stay silent benefit, but they don't know what the other is going to do. And if the other can implicate them in a crime, they're screwed. So their best more rational choice might be to incriminate the other person. ex.) Central Park Five

How can a strategy expose lying?

strategies that destabilize the rehearsal of the narrative, or force people to account for events, in ways that deviate from a linear chronological order can expose lying. Because liars rehearse their lie in a specific linear, chronological way.

What happens if you could induce cognitive load?

the ability to consistently and convincingly present deceptive narrative (lie )could potentially unravvel

What does the quality of a witness's account depends first and foremost on ?

the accuracy with which they have encoded the event that they're later asked to recall.

Why might anxiety or nervousness not be particularly useful indicator of deception?

the baseline is important. Because when we make judgments about individuals at a particular moment in time, how do we know that that's just not their general orientation? They're just nervous. They're just a nervous person? Or how do we know it's the context? Right, police officers are intimidating. That's often used strategically, in order to influence how people think and how they act in these contexts.

What is the retention interval?

the period of time between the onset of the event / the stimulus and the recollection

What is the prototypical strategy of this Arousal-BasedMethod

the polygraph

What is illusionary causation ?

the tendency to attribute causation to one stimulus because it is more conspicuous than others.(It's kind of a fundamental attribution error) - People just attribute causation to one stimulus because they can't see the other. Right. So when the camera is just focused on the suspect, they're more likely to perceive that suspect, as willfully, voluntarily confessed, you're less likely to account for some of these manipulative tactics when assessing the accuracy of that confession. - When you show both the suspect and the interrogator, this problem goes away

Why are we concerned about changing in confidence over time? Does it necessarily represent accuracy?

their confidence in their act, the accuracy of their memory are poorly related first of, and that's especially true when the observation of the events and the confidence that is expressed in one's account of that event transpires over long periods of time

What is the goal of the cognitive interview approach?

to be objective, minimize any kind of leading questioning, allow the person to sort of freely describe and provide information without any guidance from the interviewer that could bias their responses

What is the goal of a lineup?

to ensure that we reduce false identifications, and that the identification of the suspect and the perpetrator is calibrated to the accuracy of the witness's memory for the events and the appearance of the perpetrator.

What do we want the identification to be?

we want the identification to be free from influence to represent a recollection as accurate as possible of the event itself, not to be influenced by other witnesses, not to be influenced by the way in which police officers interact with them, and have to be influenced by features of the lineup task itself. And we certainly don't want it to be influenced by the way the police react to the information provided by witnesses. Because as we know, that could lead to change in confidence over time, but doesn't necessarily reflect accuracy and memory.

What happens when we move from an pre interrogation interview to an interrogation ?

we're moving away from fact gathering to an effort to get the defendant to confess

What has enourmous impacts on jurors decision making?

when a witness testifies in court that they saw the defendant, and that they're comfortable and confident in making that identification

What is relative judgement

when eyewitnesses tend to identify the person who looks most like the culprit relative to other members of the group

What are some components memory is underpinned by/ What are the three stages of memory?

• Encoding • Storage • Retrieval

Is the polygraph useful for law enforcement?

• Like other scientific tests , it is a probabilistic assessment of deception. • A high level of variability in techniques and administrators render its reliability unacceptably low.(big problem) (very few people are trained in the polygraph test and Most people who are trained are not trained the same way, and the way that they're trained doesn't always reflect the best scientific approach thus high level of unreliability in the polygraph test) • Probably does not meet Daubert Standards requirements of known error rates

How do psychologists learn about people's ability to detect deception?

• Researchers instruct some participants to lie and others to tell the truth. • These stories are videotaped and shown to observers who then judge the truthfulness of those statements.

Vrij et al. (2011)

• Vrij, A., Granhag, P. A., Mann, S., & Leal, S. (2011). - Rehearsal only works when liars correctly anticipate the questions they will be asked. - When observers viewed responses to unanticipated questions, they correctly classified 80% of the truth-tellers and liars (could not distinguish truth-tellers from liars at above chance levels when viewing answers to anticipated questions). - Liars and truth-telling suspects enter police interviews with different mindsets. - Guilty suspect= seeks to hide guilty knowledge • Avoidance or denial strategies more common - Innocent suspect= seeks to demonstrate innocence by being transparent/forthright