Diagnosing eyewitness identifications with reaction time­based Concealed Information Test: the effect of viewpoint congruency between test and encoding.

Mistaken eyewitness identifications continue to be a major contributor to miscarriages of justice. Previous experiments have suggested that implicit identification procedures such as the Concealed Information Test (CIT) might be a promising alternative to classic lineups when encoding conditions during the crime were favorable. We tested this idea by manipulating view congruency (frontal vs. profile view) between encoding and test. Participants witnessed a videotaped mock theft that showed the thief and victim almost exclusively from frontal or profile view. At test, viewing angle was either congruent or incongruent with the view during encoding. We tested eyewitness identification with the RT-CIT (N = 74), and with a traditional simultaneous photo lineup (N = 97). The CIT showed strong capacity to diagnose face recognition (d = 0.91 [0.64; 1.18]), but unexpectedly, view congruency did not moderate this effect. View congruency moderated lineup performance for one of the two lineups. Following these unexpected findings, we conducted a replication with a stronger congruency manipulation and larger sample size. CIT (N = 156) showed moderate capacity to diagnose face recognition (d = 0.63 [0.46; 0.80]) and now view congruency did moderate the CIT effect. For lineups (N = 156), view congruency again moderated performance for one of the two lineups. Capacity for diagnosing face recognition was similar for lineups and RT-CIT in our first comparison, but much stronger for lineups in our second comparison. Future experiments might investigate more conditions that affect performance in lineups vs. the RT-CIT differentially.

Do moral intuitions influence judges' sentencing decisions? A multilevel study of criminal court sentencing in Pennsylvania.

The influence of judges' personal moral values on their sentencing decisions is of longstanding interest to researchers and the public. Few studies, however, have examined this influence empirically. Using a unique data set that combines a survey of 81 criminal court judges with archival data on their 40,385 criminal sentences over a 2-year period, and drawing on Moral Foundations Theory, we hypothesize that judges with strong care and fairness intuitions will sentence defendants less severely while judges with strong loyalty, authority, and sanctity intuitions will sentence defendants more severely. We further hypothesize that these effects will be heightened when the defendant is from a racial minority group. Results show that sentencing outcomes are largely independent of judges' moral intuitions, except that fairness intuitions tend to increase leniency, especially when the defendant is Black, and sanctity intuitions tend to decrease leniency. Implications for future research on sentencing are discussed.

Estimation of eyewitness error rates in fair and biased lineups.

OBJECTIVE: The risk of mistaken identification for innocent suspects in lineups can be estimated by correcting the overall error rate by the number of people in the lineup. We compared this nominal size correction to a new effective size correction, which adjusts the error rate for the number of plausible lineup members. HYPOTHESES: We hypothesized that (a) increasing lineup bias would increase misidentifications of a designated innocent suspect; (b) with the effective size correction, increasing lineup bias would also increase the estimate of innocent-suspect misidentifications; and (c) with the nominal size correction, lineup bias would have no effect on the estimate of innocent-suspect misidentifications. METHOD: In a reanalysis of previous literature, we obtained 10 data sets from Open Science Framework. In three new experiments (Ns = 686, 405, and 1,531, respectively), participants observed a staged crime and completed a fair or biased lineup. RESULTS: In the reanalysis of previous literature, less than four of six lineup members were identified frequently enough to be classified as plausible, M = 3.78, 95% confidence interval [CI: 2.20, 5.36]. In the new experiments, increasing lineup bias increased mistaken identifications of a designated innocent suspect, odds ratio (OR) = 5.50, 95% CI [2.77, 10.95] and also increased the effective size-corrected estimate of innocent-suspect misidentifications, OR = 3.04, 95% CI [2.13, 4.33]. With the nominal size correction, lineup bias had no effect on the estimate of innocent-suspect misidentifications, OR = 0.84, 95% CI [0.60, 1.18]. CONCLUSIONS: Most lineups include a combination of plausible and implausible lineup members. Contrary to the nominal size correction, which ignores implausible lineup members, the effective size correction is sensitive to implausible lineup members and accounts for lineup bias when estimating the risk of innocent suspect misidentifications. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Measuring lineup fairness from eyewitness identification data using a multinomial processing tree model.

The mock-witness task is typically used to evaluate the fairness of lineups. However, the validity of this task has been questioned because there are substantial differences between the tasks for mock witnesses and eyewitnesses. Unlike eyewitnesses, mock witnesses must select a person from the lineup and are alerted to the fact that one lineup member might stand out from the others. It therefore seems desirable to base conclusions about lineup fairness directly on eyewitness data rather than on mock-witness data. To test the importance of direct measurements of biased suspect selection in eyewitness identification decisions, we assessed the fairness of lineups containing either morphed or non-morphed fillers using both mock witnesses and eyewitnesses. We used Tredoux's E and the proportion of suspect selections to measure lineup fairness from mock-witness choices and the two-high threshold eyewitness identification model to measure the biased selection of the suspects directly from eyewitness identification decisions. Results obtained in the mock-witness task and the model-based analysis of data obtained in the eyewitness task converged in showing that simultaneous lineups with morphed fillers were significantly more unfair than simultaneous lineups with non-morphed fillers. However, mock-witness and eyewitness data converged only when the eyewitness task mimicked the mock-witness task by including pre-lineup instructions that (1) discouraged eyewitnesses to reject the lineups and (2) alerted eyewitnesses that a photograph might stand out from the other photographs in the lineup. When a typical eyewitness task was created by removing these two features from the pre-lineup instructions, the morphed fillers no longer lead to unfair lineups. These findings highlight the differences in the cognitive processes of mock witnesses and eyewitnesses and they demonstrate the importance of measuring lineup fairness directly from eyewitness identification decisions rather than indirectly using the mock-witness task.

Potential causes of racial disparities in wrongful convictions based on mistaken identifications: Own-race bias and differences in evidence-based suspicion.

OBJECTIVE: We explored whether racial disparities in evidence-based suspicion (i.e., evidence of guilt prior to placement in a lineup) provide a better explanation of racial disparities in exonerations based on eyewitness misidentification than the own-race bias in eyewitness identifications. HYPOTHESES: We predicted that the own-race bias in identification accuracy would be insufficiently large to fully explain the racial disparities in wrongful convictions in cases with mistaken identification. We also predicted that possible racial disparities in the prior probability of suspect guilt before subjecting suspects to the risk of misidentification might better explain racial disparities in wrongful convictions. METHOD: We conducted a meta-analysis on 54 effect sizes extracted from 16 studies (1,503 individual participants) that tested whether there was an own-race bias in eyewitness identifications using a design that varied the race of both the witnesses and the target faces (Black vs. White). We also constructed two curves that plotted the prior probability of suspect guilt against the posterior probability of guilt: one if an identification were to be obtained for a Black suspect and one if an identification were to be obtained for a White suspect. RESULTS: Participants, irrespective of their race, were better able to discriminate among previously seen White than Black targets. However, the differential accuracy rates for identifications of White versus Black suspects were too small to explain racial disparities in exoneration data on their own. However, racial disparities in evidence that police have against suspects before placing them in an identification procedure would likely explain more of the variance in racial disparities in mistaken identifications that lead to wrongful convictions. CONCLUSION: Memory errors caused by the own-race bias are likely not the sole or even primary cause of racial disparities in misidentifications; rather, systemic bias in the amount of evidence that police have before placing a suspect at risk of misidentification likely explains more of the variance of racial disparities in wrongful convictions based on mistaken identifications. Requirements for evidence-based suspicion before placing suspects in an identification procedure are needed to prevent systemic racism in mistaken identifications. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

A complete method for assessing the effectiveness of eyewitness identification procedures: Expected information gain.

We present a method for measuring the efficacy of eyewitness identification procedures by applying fundamental principles of information theory. The resulting measure evaluates the expected information gain (EIG) for an identification attempt, a single value that summarizes an identification procedure's overall potential for reducing uncertainty about guilt or innocence across all possible witness responses. In a series of demonstrations, we show that EIG often disagrees with existing measures (e.g., diagnosticity ratios or area under the receiver operating characteristic) about the relative effectiveness of different identification procedures. Each demonstration is designed to highlight key distinctions between existing measures and EIG. An overarching theme is that EIG provides a complete measure of evidentiary value, in the sense that it factors in all aspects of identification performance. Collectively, these demonstrations show that EIG has substantial potential to inspire new discoveries in eyewitness research and provide a new perspective on policy recommendations for the use of identifications in real investigations. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

A Qualitative Systematic Review of Access to Substance Use Disorder Care in the United States Criminal Justice System.

BACKGROUND: The majority of patients with a substance use disorder (SUD) in the United States do not receive evidence-based treatment. Research has also demonstrated challenges to accessing SUD care in the US criminal justice system. We conducted a systematic review of access to SUD care in the US criminal justice system. METHODS: We searched for comprehensive qualitative studies in multiple databases through April 2021, and two researchers reviewed 6858 studies using pre-selected inclusion criteria. Once eligibility was determined, themes were extracted from the data. This review provides a thematic overview of the US qualitative studies to inform future research-based interventions. This review was conducted in compliance with the Preferred Reporting Items for Systematic reviews and Meta-Analyses (PRISMA). RESULTS: There were 6858 unique abstract results identified for review, and seven qualitative studies met the inclusion criteria. Two themes were identified from these results: (1) managing withdrawal from medication-assisted treatment, and (2) facilitators and barriers to treatment programs in the criminal justice system. CONCLUSIONS: Qualitative research evaluating access to SUD care in the US criminal justice system varied, with some interventions reported not rooted in evidence-based medicine. An opportunity may exist to develop best practices to ensure evidence-based treatment for SUDs is delivered to patients who need it in the US criminal justice system.

Linking Public Health and Public Safety Data on Co-occurring Disorders Among Adults in Hawaii's Criminal Justice System.

To better understand the behavioral health treatment needs of adults involved in the criminal justice system and to improve the continuum of services provided to this vulnerable population, Hawaii initiated a data linkage project that connects substance use and mental health data from the state Department of Public Safety with behavioral health treatment data from the state Department of Health for the State of Hawaii. Specifically, this linkage project begins to examine behavioral health treatment levels recommended by the criminal justice system and Hawaii State Hospital inpatient psychiatric admissions. We provide a preliminary summary on individuals who were both involved in the criminal justice system and received court-ordered inpatient psychiatric treatment and outline data governance procedures, future directions, and practice recommendations.

Intersectoral violence prevention: the potential of public health-criminal justice partnerships.

Building successful intersectoral partnerships to address health is critical to reaching health promotion goals. With the confluence of the COVID-19 pandemic, the increase in violence during the pandemic and the heightened demand for racial justice resulting from police killings of people of color, particularly young, black males, intersectoral public health-criminal justice partnerships must be more thoroughly examined. Violence prevention is both a public health and criminal justice issue, with public health systems emphasizing primary prevention and criminal justice systems addressing violence prevention at secondary and tertiary levels. Public health-criminal justice collaborations can provide an opportunity to seize upon unrealized violence reduction goals across the spectrum of prevention. At the same time, issues remain that are at odds across field boundaries as exemplified through community violence prevention. While there have been successful examples of such collaborations, past public health-criminal justice partnerships also demonstrate the challenges of working together. These challenges have yet to be systematically described and rooted in the larger literature on partnerships. In this paper, collaborative challenges are enumerated and evidence-informed strategies to overcome those barriers to achieve violence reduction goals are identified as a way to ground further intersectoral partnership work between public health and criminal justice.

Comparing witness performance in the field versus the lab: How real-world conditions affect eyewitness decision-making.

OBJECTIVE: This field-simulation experiment was designed to compare eyewitness performance when conducting show ups and lineups under field versus laboratory conditions. HYPOTHESES: We expected to replicate the findings from previous field-simulation experiments showing overconfidence in show up identifications made under field but not lab conditions, and further predicted that under field conditions, high-confidence identifications are more likely to be correct when using lineups compared with show ups. It was also expected that field conditions would lead witnesses to lower their criterion for choosing with show ups, but we did not know how field conditions would affect lineup decision-making. METHOD: Participants (N = 719) witnessed the theft of a laptop computer and were asked to identify a suspect from a live show up, a photographic show up, or a photographic lineup administered under either field or lab conditions. In the field condition, uniformed officers functioned as experimenters and participants were immersed in what they were led to believe was an actual police investigation. In the lab condition, participants were debriefed before the identification procedure that the theft was staged for research purposes and that their identifications were being made as part of a study on eyewitness memory. RESULTS: As predicted, witnesses were overconfident in their show up identifications made under field but not lab conditions, and high-confidence identifications were more likely to be correct when using lineups compared with show ups. Also as expected, field conditions led witnesses to lower their criterion for choosing with show ups regardless of culprit presence. However, the opposite was true for lineups, such that field conditions resulted in witnesses raising their criterion for choosing. CONCLUSIONS: Field conditions had a very different effect on witness performance when conducting show ups compared with lineups. When witnesses were led to believe that their identification would result in the arrest and prosecution of the suspect, they became more liberal in their decision-making when show ups were used but more conservative when lineups were employed. (PsycInfo Database Record (c) 2022 APA, all rights reserved).

Eyewitness memory is reliable, but the criminal justice system is not.

The reliability of any type of forensic evidence (e.g., forensic DNA) is assessed by testing its information value when it is not contaminated and is properly tested. Assessing the reliability of forensic memory evidence should be no exception to that rule. Unfortunately, testing a witness's memory irretrievably contaminates it. Thus, only the first (properly conducted) test is relevant to the question of whether eyewitness memory is reliable. With few exceptions, the results of studies conducted in the lab and in the real world show that confidence is highly predictive of accuracy on the first test, and high-confidence often implies high accuracy. The fact that many eyewitnesses are known to have made high-confidence misidentifications in the courtroom has cemented the almost universal impression that eyewitness memory is unreliable. However, it is the criminal justice system that is guilty of unwittingly using contaminated memory evidence (relying on the last memory test, in court) in conjunction with an improper testing procedure (namely, a courtroom showup) to win convictions of the innocent. That mistake should no longer be blamed on the unreliability of eyewitness memory.

Brief Report: Sentencing Outcomes for Offenders on the Autism Spectrum.

Although people diagnosed with autism spectrum disorder (ASD) are not more likely to commit crimes, they are overrepresented in the criminal justice system as reported by Howlin (Autism and Asperger syndrome: Preparing for adulthood, Routledge, 2004). This may, in part, be due to unfavourable interactions with the criminal judiciary. Evidence suggests the autistic population are perceived unfavourably in adjudicative proceedings resulting in harsher penalties. The present study explores whether ASD offenders (ASD-O) receive longer sentences compared to national sentencing data. Sentencing data from the Australian Bureau of Statistics (ABS) were used to compare ASD-O with similar offences. ASD-O attracted longer sentences across all offence classifications. Inferential analyses indicated sexual assault sentences were significantly higher in the ASD-O sample. No significant differences were found for murder, manslaughter, and assault.

Improving the interpretation of verbal eyewitness confidence statements by distinguishing perceptions of certainty from those of accuracy.

When an eyewitness makes an identification from a lineup, police are also instructed to collect a verbal expression of confidence. This recommendation hinges on the assumption that evaluators will perceive confidence in the manner the witness intended. However, research has consistently shown that these interpretations can be biased by accompanying contextual information. For example, statements that reference facial features (e.g., "I'm very sure. I remember his eyes.") are perceived as less confident than when the statement is presented alone ("I'm very sure.") (featural justification effect). Additionally, perceptions of witness confidence are altered when the witness's identification (mis-)matches the police suspect in a lineup (prior knowledge). We find that the same underlying mechanism explains the bias induced by both featural justification (Experiments 1 and 2) and prior knowledge (Experiment 3) manipulations. Evaluators conflate their own beliefs about the accuracy of an identification with the witness's intended level of confidence. A simple warning that highlights the differences between confidence and accuracy eliminates the featural justification effect, but is less effective for mitigating the influence of prior knowledge. The key takeaway from this paper is that distinguishing perceptions of certainty from those of accuracy improves the interpretation of verbal confidence statements. (PsycInfo Database Record (c) 2022 APA, all rights reserved).

Estimator variables can matter even for high-confidence lineup identifications made under pristine conditions.

OBJECTIVE: According to the pristine conditions hypothesis, high-confidence identifications will be "remarkably accurate" when identification procedures (i.e., system variables, e.g., fair filler selection, double-blind administration, unbiased lineup instructions) are optimal, even if estimator variables (e.g., weapon presence, lighting, distance) are suboptimal (Wixted & Wells, 2017, p. 10). This has led some to conclude that estimator variables are not of much importance under those conditions. HYPOTHESIS: We hypothesized that when multiple estimator variables are deficient, even high-confidence identifications will be less accurate than they would be when multiple estimator variables are optimal. METHOD: With a sample of 2,191 college students (Mage = 20.14, 73% women), we conducted a strong test of this hypothesis by comparing a situation in which estimator variables were manipulated to produce either very good or very poor memory performance. RESULTS: High-confidence suspect identifications were made significantly less frequently under poor viewing conditions than under good viewing conditions, and these differences are substantial if one assumes low base rates of guilt. CONCLUSIONS: Estimator variables can be important for evaluating even high-confidence suspect identifications and establish some important boundary conditions for the pristine conditions hypothesis. (PsycInfo Database Record (c) 2021 APA, all rights reserved).

Processes and challenges associated with establishing a linked national suicide database across the criminal justice system.

INTRODUCTION: There is a wealth of data contained within healthcare and criminal justice system (CJS) datasets that, if successfully linked, could provide more information about this population, particularly those offenders who die in non-custodial CJS settings where, comparatively, much less is known. OBJECTIVES: This study aims to determine feasibility of conducting data linkage across key criminal justice datasets and outline the processes, methodological considerations and any other implications of setting up such a linkage. METHOD: Five CJS datasets were identified for potential inclusion for linkage with Office for National Statistics (ONS) mortality data. Respective data teams were contacted, and scoping discussions were held via email, telephone contact and in person. Information was sought on available data, quality and completeness, unique identifiers, processes for record matching, cost implications, estimated timescales, required approvals, data security considerations and quality of data. RESULTS: All five datasets were deemed important to include and responses from data teams suggest that the proposed linkage is both feasible and valuable, within a reasonable timeframe and with minimal associated costs. The discovery of an additional 'spine' dataset provides a more effective method of record matching by linking police identifiers to unique prison and probation identifiers. CONCLUSIONS: The proposed linkage could highlight key points across the criminal justice system at which to target suicide prevention strategies. A more comprehensive linkage, including healthcare services, would further extend the opportunity to target interventions.

Tele-forensic interviewing can be a reasonable alternative to face-to-face interviewing of child witnesses.

OBJECTIVE: Tele-forensic interviews have the potential to aid investigations when children live far from interviewers, there is a risk of disease transmission, or when expertise is not locally available. However, it is unknown whether tele-forensic interviewing is an effective alternative to face-to-face interviewing, particularly for children most prone to suggestibility and lapses of attention. HYPOTHESES: Previous studies suggested that school-age children would provide similar amounts of information across interview modes but provided no basis for predicting how misinformation impacts accuracy across modes or how 4- and 5-year-olds would react to tele-forensic interviewing. METHOD: Children (4-8 years, N = 261, Mage = 6.42 years, 48% female) interacted with male assistants who violated a no-touching rule, parents read children a book containing misinformation about that event, and female assistants conducted interviews (usually 2 weeks after the event) face-to-face or via a video conference application. RESULTS: The children were more talkative during a practice narrative phase when interviewed face-to-face rather than on screen (incidence rate ratio [IRR] = 1.26, 95% CI [1.06, 1.51]), and 4-, 5-, and 6-year-olds said more in response to open-ended prompts when interviewed face-to-face (IRR = 1.50, 95% CI [1.08, 2.09]). Children younger than 7 years also disclosed the face touch and noncompleted handshake in response to earlier and less directive prompts when interviewed face-to-face, rs(53) = .28, p = .037, and rs(48) = .33, p = .021, respectively. Children 8 years and older, however, disclosed the face touch more readily when they spoke on screen, rs(28) = -.38, p = .036, and older 7-year-olds and 8-year-olds disclosed the noncompleted handshake more readily on screen, rs(30) = -.36, p = .042. Across interview modes, children reported comparable numbers of touch events, however, and were equally accurate on challenging source-monitoring and detail questions. CONCLUSIONS: Tele-forensic interviewing can be a reasonable alternative to face-to-face interviewing. (PsycInfo Database Record (c) 2021 APA, all rights reserved).

Negotiating with parents: Attorney practices in the juvenile plea bargain process.

OBJECTIVES: Research on plea bargaining is increasing, yet much of this work examines how the process unfolds in adult court. Plea bargaining in juvenile court has several notable differences such as parental involvement. Including parents throughout the adjudicatory process is encouraged but ultimately left up to the attorney. Research has not explored whether attorneys include parents in plea bargain discussions with their clients. The present study examined parental involvement in the juvenile plea bargain process. HYPOTHESES: We did not have any formal a priori hypotheses for this exploratory study. METHOD: The first author conducted qualitative interviews with eighteen defense attorneys from the juvenile division of a public defender's office on the East Coast where we discussed their most recent case that resulted in a plea bargain. RESULTS: Parents were included in plea negotiations and hearings. Attorneys described seeking parental input because parents may be impacted by the terms of the plea and because the court often seeks parental approval. During hearings, parents offered input regarding their child's ability to plea, the disposition plan, and whether they support their child's decision to plead guilty. CONCLUSIONS: Pleas might impact parents, so it may be impractical to overlook their interests. However, parent and child interests may conflict, and parents often lack understanding of their children's rights and pleading generally. Therefore, attorneys must not only advocate for their clients, but also educate and manage parents' interests both inside and outside the courtroom. (PsycInfo Database Record (c) 2021 APA, all rights reserved).

The potential influence of criminological rationales in considering childhood abuse as mitigating to sentencing.

BACKGROUND: U.S. courts currently show no coherent approach with regard to how evidence of childhood abuse is considered in sentencing. Existing state and federal caselaw suggests that courts rarely place significant consideration on evidence of childhood abuse during sentencing, but the reasons why offenders who have been subjected to childhood abuse rarely receive mitigated or alternative sentences remain unknown. Yet literature has suggested it might be because no convincing rationales have been yet developed for the court in contending that penalties of offenders who were subjected to childhood abuse should be mitigated. OBJECTIVE: This research examines if and how criminological theoretical perspectives linking childhood abuse and later offending (Social Control Theory, Social Learning Theory, General Strain Theory) are persuasive in arguing childhood abuse (neglect, witnessing trauma, sexual abuse, physical abuse) as mitigating to criminal sentencing. PARTICIPANTS: A national sample of U.S. adults (N = 521). METHODS: A multi-factorial, vignette-based experiment was conducted, utilizing OLS and mediation analyses. RESULTS: Evidence on childhood abuse, and particularly sexual abuse, reduced support for incapacitation (B = -0.13, p ≤ 0.05) and increased support for rehabilitation (B = 0.16, p ≤ 0.01). Social Control Theory was particularly persuasive in arguing childhood abuse as mitigating to prison time and in relation to support for rehabilitative sentencing (mediated by beliefs regarding what the theory conveys about future dangerousness and reduced responsibility). CONCLUSIONS: Criminological theories appear to be persuasive rationales for arguing childhood abuse as mitigating to sentencing contexts involving incapacitation and rehabilitation. Implications for sentencing guidelines and systems are discussed.