290 terms

Psyc 162 Final

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Memory is ...
-reconstructive
-While tapping our memories, we filter or fill in missing pieces of information to make our recall more coherent
Misinformation effect:
incorporating misleading information into one's memory of an event
Hit versus smashed what asked about speed
-Then asked about broken glass at the scene
-Smashed versus hit -- smashed reported glass more
-Elizabeth Loftus experiment?
-Change of word changes speed estimate -- and what they remembered could potentially be used in court
Recovered Memory Epidemic
-Unfolded in 1990's
-In therapy, adult victims recover memories of having been abused during childhood
-Charges brought against incredulous parents
-Guilty verdict
The Courage to Heal
-Published in 1988
-Guide for women of survivors of sexual abuse
-Made assersitions as if they were scientifically true -- influential with therapists
Theory behind psychotherapy for repressed memories
-Certain memories are too painful to bear
-As a defense mechanism, those memories are repressed
-Repressed memories create psychology disorders
Therapeutic Methods
-Assigned reading of self-help books
-Dream analysis
-Hypnosis
-Guided imagery
Wade, Garry and Lindsay experiment:
-Using false photographs to create false childhood memories
-Digitized photos of 3 true events childhood -- took photos of family members and pasted them into false photo of hot air balloon
-Interviewed family member three separate times about those 4 events (tell every detail)
-Everyone remembered the true events -- 30% remembered false balloon ride
-After 3 interviews almost 50% remembered false memory
Linda Williams Study
-1994 -- recall of childhood trauma
-Participants: 129 adult women who had been evaluated in early 1970's for possible sexual abuse
-Method: participants were interviewed about possible traumatic experiences during childhood
-40/129 did not describe an episode of sexaul abuse
-long periods with no memory of abuse should not be regarded as evidence that the abuse did not occur
Critique of Williams study
-Unwillingness to report childhood sexual trauma to an unfamiliar interviewers does not mean that the trauma was forgotten
-Some of the abuse took place when the women were as young as 10 months (infantile amnesia)
-Some of the abuse was such that the child might not have recognized it as such
What the False Memory debate taught us about memory
-False memories are surprisingly easy to implant
-What makes them so east to implant is that memories are reconstructive
Proponents (recovered memories are real)
-15% of adult women who report memory for childhood abuse also report having forgotten about that at some point
-None of these women recovered their memories in therapy
Opponents (recovered memories are false)
-False memories are extremely easy to implant, so it does not make sense to convict anyone without corroborating evidence
Since the 1990s, DNA testing has overturned more than
350 wrongful convictions of the innocent
Of the 350 wrongful convictions, how many were due to eyewitness misidentifications?
72%
The Case of Ronald Cotton
-In 1984, a college student named Jennifer Thompson was raped
-Shortly thereafter she picked Ronald Cotton out of a photo lineup (said she was certain)
- Cotton was sentenced to life in prison plus 54 years, and he served almost 11 years in jail before being exonerated by DNA testing
The National Registry of Exonerations
-20 or so per year (DNA exonerations)
-But there are a lot of other ways to be exonerated
-DNA isn't the only way to get them out
-Purgeory and false accusations and Official Misconduct
Research has shown that sequential lineups
reduce misidentifications and increase accuracy compared to traditional simultaneous lineups
Lineup Construction and Lineup Fairness
-A lineup should contain only 1 suspect
-The suspect should match the physical description provided by the eyewitness
-The police should have some additional reason for believing that the suspect may have committed the crime
-All of the fillers (aka "foils") should also match the physical description provided by the eyewitness (i.e., the suspect should not stand out)
If a non-witness can identify the suspect from the description alone then
the lineup is unfair
Simultaneous lineup
show pictures simultaneously, all at once
Sequential Lineup
one picture at a time
Mock-Crime Laboratory Studies
-Each participant (n = 200) watches a simulated crime (e.g., a video of a young man stealing a laptop)
-Followed by a lineup memory test:
-Half (n = 100) are then tested using a target-present lineup
-The other half (n = 100) are tested using a target-absent lineup
Lindsay & Wells (1985)
- Simultaneous versus Sequential lineups
- Huge drop in False ID rate with sequential lineup
2013 Survey of US Police Departments
-30% adopted sequential procedure
-Huge impact of psychological research
Absolute vs. Relative Judgments
1. Simultaneous lineup
-Eyewitnesses feel "pressure to choose" and therefore rely on a relative judgment (choose the most familiar lineup member)
-Alternative way of thinking: eyewitness use a lower standard for making an ID

2. Sequential lineup
-Eyewitnesses feel less pressure to choose, so they rely on an absolute judgment (choose a lineup member only if the match to memory is good enough)
-Alternative way of thinking: eyewitness use a higher standard for making an ID
Reduce "pressure to choose" by inducing a more
conservative standard
Conservative approach means
fewer ID's (both false and correct)
A higher ROC curve indicates
greater discriminability
The Concept of Response Bias
-Do not make an ID if you are just guessing
-Do not make an ID unless you are reasonably sure
-Do not make an ID unless you are very sure
-Do not make an ID unless you are absolutely certain
More than One Way to Perform ROC Analysis
-Manipulate response bias across conditions, using instructions to vary the degree of confidence the witness should have before making an ID from the lineup
-Collect confidence ratings from eyewitnesses who make an ID and vary the requisite level of confidence after the fact
To compute the most "liberal" ROC point,
count all suspect IDs (including guesses)
To compute the most "conservative" ROC point,
count only suspect IDs made with the highest level of confidence
Simultaneous has ______ ROC than sequential
higher
Why are Simultaneous Lineups Diagnostically Superior (Wixted & Mickes (2014, Psychological Review)
- proposed a diagnostic feature-detection model
-Basic idea: simultaneous lineups make it easier to appreciate the existence of shared (and therefore non-diagnostic) features
-The enhanced awareness of non-diagnostic feature makes it easier for eyewitnesses to tell the difference between innocent and guilty suspects
Diagnostic feature-detection hypothesis (Wixted & Mickes, 2014)
-Innocent and guilty suspects share facial features - namely, features that correspond to the suspect description
-The common features are largely non-diagnostic and should therefore be discounted (i.e., ignored)
-Simultaneous lineups immediately teach the eyewitness which facial features should be discounted, but sequential lineups do not
Relationship between eyewitness confidence and accuracy
-MISCONCEPTION: Research shows that even under perfect conditions, usually confidence doesn't tell you shit
-This misconception is based on the use of the wrong statistic to measure the relationship between confidence and accuracy
Correlation vs. Confidence-Accuracy Characteristic (CAC Analysis)
-Correlation turns out to be the wrong measure to use
-A better approach is to simply plot accuracy as a function of confidence
-Take low confidence and calculate % correct and high confidence and % correct and plot it
-When witnesses say they have high confidence, they are usually correct
Behrman and Davey (2001)
-Analyzed confidence ratings made by real eyewitnesses to IDs made from real lineups in Sacramento
-Witnessed had 3 response options: I'm sure, I'm not sure, I don't recognize
-"I am sure": 92% correct (11 of 12)
-"I think": 47% correct (7 of 13)
Houston Police Department Field Study (Wixted, Mickes, Dunn, Clark & Wells (2015))
showed that false filler identifications had a relationship with low confidence
The diagnosticity ratio wrongly suggested that
sequential lineups are superior to simultaneous lineups (but ROC analysis shows that the opposite is true)
point-biserial correlation coefficient wrongly suggested that
the relationship between eyewitness confidence and accuracy is weak (but calibration analyses show that the opposite is true)
Convicting the Innocent book
-Obtained court and police records for 161 DNA exoneration cases
-In 57% of those cases, the eyewitness was initially uncertain about his or her identification
-A witness who expresses low confidence is effectively saying "there is a good chance I am making an error"
North Park Sexual Assault Series
Summer of 2014 -- north park community was terrorized by unknown assailant targeting lone females walking at night
Violently attacked and sometimes sexually assaulted
SDPD Sex Crimes Unit
-Investigates felony sexaul assults invovling victims 14 yrs or older
-12 detectives and 2 sergeants
-24/7 on-call responsibility to respond to incidents
-2014 unit handled over 750 investigations
What started the case for North Park?
Case 1 and Case 3 had same DNA
What was special about case 5?
-video images are captured of the suspect
-Images were enhanced and disseminated to media and law enforcement
-Wife of an SDPD officer recognized symbol on shirt
How did they catch the North Park attacker?
-Undercover officers go to the restaurant and find the suspect working
-Placed under arrest based upon the video footage (DNA analysis no conducted)
-Suspect is 23 year old David Drake
-Interrogated by Detective Carmelin Rivera
Criminal profiler
A person who infers the personality, behavior, motivation and demographics of a suspect based on information gathered from a crime scene
modus operandi (MO)
method of operation, which is a recognized pattern of behavior in the commission of a crime
Signature
behaviors the offender has to do to fulfill an emotional need or a fantasy
Cesare Lobroso, The Criminal Man, 1876
-Studied 383 Italian prisoners and compared information on race, age, sex, physical characteristics, education and geographic region
-Suggested that criminals shared certain
physical characteristics
First Profile of a Serial Killer: Jack the Ripper
-n 1888, 5 women were attacked and killed on the streets of London
-First known case of killer profiling by Dr. -Thomas Bond, who performed autopsies on two of the victims
-Determined some personality traits of the killer from victim
Dr. Bond's Profile of 'Jack the Ripper'
-The killer had no knowledge of anatomy or medical training
-A 'harmless-looking and quiet man'
-Physically strong
-Composed and daring
-A loner with no real occupation
-Accuracy of this profile is unknown because the killer was never caught
"Father of profiling"
-John Douglas
-25 years with the FBI
-Interviewed many serial killers/rapists
-Developed profiling techniques now taught in the FBI's Behavioral Science Unit
-Consulted on Atlanta child murders, Green River killer, Unabomber
-Wrote a book called "Mindhunter: Inside the FBI's Elite Serial Crime Unit"
Typological offender profiling
-Developed by the FBI in the 1970s and 1980s
-There are different types of offender
-Behavioral evidence can indicate which type of offender committed a crime
-Knowing an offender's type allows us to predict future behavior
Definition of a serial killer
"Three or more separate events in three or more separate locations with an emotional cooling off period in between homicides."
"Serial killer" term coined by
-Robert Ressler in 1970's
-Used first in the Ted Bundy case
women accounted for ____ percent of the 1,398 known victims of serial killers during the 1985 to 2010 timeframe
70
Females represent how much percent of homicide victims?
22%
Serial killers are ____ men
80-85%
Female Serial Murderers (Farrell et al. (2013)
-Women thought to be more reactive, rather than predatory, in their decision to murder
-Predominantly white
-Average age of 32 (range from 16-65)
-Women tend to kill quietly
-Women tend to kill individuals close to or dependent on them
Weapon of choice for women
Poison, 74% of homicides
Visionary
hear voices or have visions that direct them to kill
Missionaries
believe that they are meant to eliminate a particular group
Hedonists
-Kills for pleasure, although what aspect they enjoy varies
-Sexual
-Thrill
-Gain (financial)
-Feeling of power
Herbert Mullin -- Visionary Example
-Mullin's best friend was killed in a car accident, which appears to be the breaking point in Mullin's life
-At age 17, he began to hear voices, a typical symptom of paranoid schizophrenia
-He murdered 13 people in 1972 and 1973
-Mullin was convinced that the voices in his head were the work of Satan and were directing him to "save the world"
James Vaughn -- Missionary Example
-He was a racist who joined both the Nazi party and the KKK
-Believing that becoming involved with people of another color was a sin, he felt responsible for murdering them
-He murdered numerous racially mixed couples from 1977-1980
Jeffrey Dahmer -- Hedonist Example
-He tortured and killed animals in his youth and was a loner and an outcast in high school
-As an adult, he enjoyed drugging and murdering young men and then having sex with them (necrophilia)
-He is known to have killed 17 young men between 1978 and 1991
Organized Crime Scene:
-Body is hidden
-Weapon is removed from scene
-Appears to be well-planned
-The victim is specifically targeted
-Restraints often used
-Aggression takes place before death
Disorganized Crime Scene
-Body not hidden
-Weapon is present
-Appears to be spontaneous
-Victim may be an acquaintance
-Aggression or sex post-mortem
Organized crime scene suggests an offender:
-Average or above average IQ
-Employed, usually quite skilled
-Socially competent
-Uses alcohol in commission of crime
-Uses car to drive to crime scene/hunt for victim
-Obsessed with media coverage of his crimes
Disorganized crime scene suggests an offender:
-Below average IQ
-Unstable employment record, unskilled
-Socially isolated
-Lives close to crime scene
-Strict discipline as a child
-Extremely anxious
Profiling a Serial Killer (and getting it right)
-Rochester, NY—1989, multiple murders
-Police ask for FBI profiler, Gregg McCrary
-McCrary studied the murder's MO
-Concluded that the murderer probably would return to scene of the crime
-Police delayed collecting the next victim
-Arthur Shawcross returned to the crime scene and was arrested for the murder of 11 women
Profiling a Bomber (and getting it wrong)
1996 Summer Olympics
-discovered a backpack filled with three pipe bombs on the park grounds
Richard Jewell alerted police and helped to evacuate the area before the bomb exploded
-The FBI instructed the police to search for a single, white, middle-class male with an intense interest in police work
-Jewell quickly became a suspect (because he fit the profile) and was essentially assumed guilty by sensational media coverage
-On April 13, 2005, Jewell was exonerated completely when Eric Rudolph pled guilty to carrying out the bombing attack
Two Different Approaches to profiling
1. Criminal profiling tries to identify a broad array of characteristics that are unique to the unsub (the "art" of profiling):
Strong
-Has no medical training
-A loner
-White, average intelligence

2. Case linkage analysis is more statistically oriented (the "science" of profiling):
-Behavioral consistency
-Behavioral distinctiveness
Offender Consistency Hypothesis
-Offenders display a degree of consistency in the way they commit their crimes across a series (MO, basically)
-e.g., a sexual offender will show signs of the same underlying fantasy each time he commits a crime
Offender Distinctiveness Hypothesis
-Offenders show a degree of distinctiveness in the way they commit their offenses (allowing their offenses to be distinguished from those of other offenders)
-e.g., a sexual offender's apparent fantasy will differ from that of other offenders
A Test of Consistency (Knight et al. (1998)
Assessed the consistency of behavior across the 5 most recent crimes committed by serial sex offenders using a rating scale
High consistency
-having a firearm present
-cutting/slashing clothing
-excessive response to victim resistance
-Victim being bound
Moderate consistency
-Alcohol/drug consumption during crime
-Intentional infliction of pain
excessive profanity
-Offender showing interest in the victim's enjoyment
linked cases were ____ consistent and could be differentiated from unlinked cases
more
GEOGRAPHIC PROFILING
an investigative strategy that uses the locations of a series of crimes to determine the most probable area of the offenders residence
Psychological Autopsies
-Involves attempts to dissect and examine psychological state of individual prior to death (e.g., before an apparent suicide)
- Based on several sources of information (interviews with family, psych records)
Death classification
natural, accidental, suicide, homicide
National Academy of Sciences
-non-profit society of distinguished scholars that was established by an Act of Congress
-Charged with providing independent, objective advice to the nation on matters related to science and technology
Dr Henry Faulds
published the first paper on the subject of fingerprints in the journal Nature. Returning to the UK in 1886, he offered the concept to the Metropolitan Police in London but it was dismissed
Sir William James Herschel
a British civil servant based in India, wrote to Nature saying that he had been using fingerprints for identification purposes
Sir Francis Galton
published a detailed statistical model of fingerprint analysis and identification and encouraged its use in forensic science in his book Finger Prints
Juan Vucetich
-an Argentine police officer who had been studying Galton pattern types for a year, made the first criminal fingerprint identification.
-He successfully proved Francisca Rojas guilty of murder after showing that the bloody fingerprint found at the crime scene was hers, and could only be hers
The Case of Francisca Rojas
-In 1892, two boys were brutally murdered
-suspicion fell on a man named Velasquez, a suitor of the children's mother. but even after torture he wouldn't confess
-Investigators found a bloody fingerprint at the crime scene
-compared the fingerprints of Rojas and Velasquez with the bloody fingerprint.
-fingerprint matched one of mother
Crime Scene Technicians
-Locate Prints
-This technician is using powder to develop latent prints
Tangen, Thompson & McCarthy (2011)
-Presented 37 qualified fingerprint experts and 37 novices with pairs of prints displayed side by side on a computer screen
-Task was to say "match" or "no match" and confidence level
-Results: "We have shown that qualified, court-practicing fingerprint experts are exceedingly accurate compared with novices, but are not infallible"
Fingerprint Experts showed a conservative response bias
tending to err on the side of caution by making more errors of the sort that could allow a guilty person to escape detection than errors of the sort that could falsely incriminate an innocent person
The FBI's Integrated Automated Fingerprint Identification System
-Latent prints can be searched against a file of 70 million prints
-The system produces a list of possible matches (n = 10 or 20)
-Checked by a qualified fingerprint examiner
Brandon Mayfield and Madrid bombing
-ran the print collected in Madrid and reported a match against one of 20 fingerprint candidates
-Brandon Mayfield, an American lawyer, was identified as a participant in the Madrid bombing based on a fingerprint match
-The FBI initially called the match "100 percent positive" and an "absolutely incontrovertible match"
-The Spanish National Police examiners concluded the prints did not match Mayfield, and after two weeks identified another man who matched
The crucial difference between:
-comparing latent fingerprints (lifted from a crime scene) to the fingerprints of a suspect
-comparing latent fingerprints to the fingerprints contained in a large database
The probability of a false alarm is
-LOW when the comparison involves a suspect
-HIGH when the comparison is made through a database search (because someone, somewhere, has fingerprints a lot like yours)
Why is the Probability of a False Alarm Higher in a Database Search?
-The "base rate" problem
Searching Face Databases
-In eyewitness identification, the police first find a suspect and then place that person in a lineup.
-Sometimes, a suspect is found by searching through many faces, which means many innocent faces are examined to find a suspect.
Forensic Odontology
-Teeth and Bite Mark Analysis
-Most forensic odontologists are practicing dentists
-However, they have gone through specialized training to understand how to apply forensic science to dentistry
-Most are members of a professional organization
Two Aspects of Forensic Odontology
1. Individual Identification
2. Bite mark analysis
Individual Identification
-Identify victims of a natural disaster by matching dental records to teeth
-Scientifically solid
Bite mark analysis
-Match a bite mark on a victim to the dentition of a defendant
-Scientific validity is currently under scrutiny
Early History of Identification using Teeth
-in 1849 the incinerated remains of George Parkman were identified using a partial denture
-identification of victims of the Vienna Opera House fire in 1881 (
Assumptions Underlying Bite-Mark Analysis
-Human dentition is unique (like DNA)
-Human skin is capable of registering bite marks in a way that makes them identifiable and distinguishable
Bitemark Evidence
The scientific basis of bite-mark analysis is under scrutiny like never before and is considered by most scientists to be invalid
False Alarm Bite Mark Analysis
-Decision = "match", truth = No Match
-Bite-mark analysts put multiple individuals in jail because of a high-confidence "match" claim
-Some of those were sent to death row
Hit Rate Bite Mark Analysis
-Decision = "match", truth = Match
-Ted Bundy brutally killed up to 40 woman
-He was convicted, sent to death row, and eventually executed because a bite-mark analyst made a high-confidence "match" claim
Blood Spatter Analysis
-Physics of flight, trigonometry used to determine origin point of blood
-Size and orientation of spatters can determine method by which stains are created
Fiber analysis
-Fibers have distinct color, diameter, shape, and chemical composition
-Microscopic and chemical analysis to compare
Arson Detection
-Search for chemical signs of accelerants (gasoline, etc.)
-Test burn scenarios
Firearms/Ballistics
-Direct comparison of known samples and unknowns from crime
-Striations or firing pin impressions
Forensic DNA Analysis is not Error-Free
-contamination can occur in the testing lab or at the crime scene
-Very small amounts of DNA are becoming detectable, so the slightest contamination can now falsely incriminate someone
What is forensic psychology?
Application of methods, theories, and concepts of psychology to a wide variety of topics within the legal system
Forensic Scientists:
-analyze, compare, identify & interpret physical evidence
-Link physical evidence to the suspect, victim and crime scene
-Forensic psych in fingerprints: match how good these tests actually are
Trial Consultant
-Mock trials → test a case before it actually goes to trial
-Jury selection
-Judge research → what does the judge like and dislike
Profiling
-Geographic Profiling → done to find where the perp may be living, where his place of operation might be
-Criminal Profiling
Researcher/Expert Witness
Are eyewitnesses reliable?
False confessions
Assessment
-insanity/competency
-Family custody issues
-Predicting future violent behavior
Family Court
-Child custody evaluations
-Child abuse evaluations
-Mediation of Parental
-Conflicts about children
Civil Court
-Personal Injury evaluations
-Sexual harassment and discrimination
-Psychology autopsies
Criminal Court
-Competency and diminished capacity evaluations
-Credibility of eyewitness identification
The Innocence Project
-Since 1989, the innocence project has used DNA testing to exonerate hundreds of innocent people who were wrongfully convicted and sent to prison
-Around 350 people have been exonerated
Gross, O'Brien, Hu & Kennedy
-What percentage of death row inmates are innocent?
-1.6% of deathrow inmates were fully exonerated (117 cases)
-Presented a conservative estimate of the proportion of erroneous convictions of defendants sentenced to death in the US from 1973 through 2004, 4.1%
-35% removed from deathrow -- probably totally innocent
Hugo Munsterberg
-Awarded Phd in 1885
-Student of Wilhelm Wundt
-Met william James in 1891 and through him became professor at Harvard
-Applied Emphasis
Applied Emphasis
-Wundt: psychology should be pure (basic) science, detached from practical concerns
-Munsterberg: psychology should be applied to practical concerns (legal setting) → forensic psychology (this is applied)
On the Witness Stand (1908)
-book written by Munsterberg
-really anticipated what psychology would be like in the future
-Like eyewitness is fallible
-Visualized Expert witnesses
Interview
-Subject is witness to a crime (eg. the victim)
-Goal is to elicit accurate information to facilitate the investigation
-A problem is that witnesses (especially children) can be inadvertently induced to provide false information that leads to an innocent person being convicted
Interrogation
-Subject is a person suspected of having committed a crime
-Goals are to:

1. Establish if the suspect is the perpetrator (eliciting confession)
2. Elicit accurate information to facilitate the investigation

-A problem is that witnesses will sometimes confess to a crime they did not commit
Warm-up period
-Inform the witness about the subject of the interview
-Place witness at ease, reduce anxiety
Mainbody of interview
-Use open-ended questions
-Phrase questions positively, not suggestively
-Place questions in chronological order
Wrap-up
-Review answers
-Ask if anything was left out
Forensic Hypnosis
An investigative memory retrieval technique used to enhance recall in legally relevant situations
Hypnosis
is a state of increased receptivity to suggestion characterized by an altered state of consciousness → may be state of enhanced relaxation
Problems with Forensic Hypnosis
-Under hypnosis they may construct a false memory without realizing it
-After hypnosis, confidence in false memories may be increased ("memory hardening")
Is forensic hypnosis at all useful?
1985 → american medical association recommended the use of hypnosis be limited to the investigative process and that results not be used as evidence in court
1976 Chowchilla kidnapping case
Kidnapped a busload to school kids and took them out in the dessert
Few courts allow the introduction of hypnotically induced information
Texas and Nevada are exceptions
Cognitive interview
-Different approach to enhancing recall
Makes use of mnemonics (memory jogging techniques)

-A recent review article found that the use of the interview results in a large and significant increase in correct details and a small increase in errors
4 Mnemonics:
1. Reconstruction
2. Report Everything
3. Change the Order of Events
4. Change Perspectives
Reconstruction
mentally reconstruct the context of event (sensory cues, people present)
Report Everything
report every detail, regardless of apparent importance
Change the Order of Events
recall the events in a variety of orders, moving back and forwards in time
Change Perspectives
recall from different points of view
how accurate is the information recalled during Cognitive Interview
Accuracy was high or slightly high in CI interviews than in the comparison interviews → around 80% was correct
Real-world Studies of Interviews
-Crimes are sometimes captured on closed-circuit television, which can be used to validate interview recollections
-One study found that 96% of "action details" were correct
-Another study found that description details of armed robbers were 87% correct
Important Interview Considerations
1. The forensic interview should be conducted soon after the witnessed event because memory can be contaminated
-Like conversation with other witness
-TV coverage

2. Pay attention to confidence
-Fact recall with high confidence is far more reliable
Granhag et al
-Conducted an archival police study of 29 people who witnessed the murder of swedish foreign minister
-The witnesses were gather together and discussed what they saw before being interviewed
-Only 58% of the attributes they reported were correct
Roberts & Higham
-After watching a videotape of a simulated robbery, laboratory witnesses were interviewed about their recollections of the event
-Later witnesses were asked to make confidence judgments (1-7 scale) about each detail that was reported earlier
-Accuracy score = correct details / (correct details + incorrect details)
-High confidence = high proportion correct and vice versa
Odinot, wolters and van Koppen
-Interviewed witness of an armed robbery that occurred three months earlier
-The accuracy of their answers could be independently verified because of cameras
Interviewing children and juveniles
-Blurry line between right and wrong, reality and fantasy
-Easily influenced and manipulated, because they want to please adults
-Especially prone to providing false information
McMartin Preschool Case
-Police send letter to parents that basically says that kids were being molested
-Ray Bucky, an employee, was arrested in 1983 on child molestation charges
-200 parents sent letters, 400 children assessed
-Interviewing techniques implanted false memories of sexual abuse into scores of these children → using dolls implanted memories
General Principles of Interviewing children
-A spontaneous report of having been abused especially when the child provides consistent, credible details of the incident in age-appropriate language is likely credible
-When the first interviewed uses open-ended and non-leading questions and the child is encouraged to provide a narrative account in his of her own words, the information obtained is reliable and forensically useful
NICHD Investigative Protocol
-Developed by research at National Institute of Child Health and Human Development
- Way of questioning children in an efficient way
- Avoid close-ended/leading prompts
Introductory phase of NICHD
Interviewer introduces themselves, clarifies the child's task (describe vents) and explains the ground rules and expectations (correct interviewed or say they dont know)
Rapport-building phase of NICHD
Designed to create related and supportive environment
Children are prompted to describe a recently experience neutral event in detail
Close-ended prompts
Close-ended prompts end with yes or no answer
Leading prompts
suggest incidents that the child has not mentioned
Facilitator
Non-suggestive prompt to continue with an ongoing response
Invitation
an open-ended request that the child recall information about the incident (tell me more about that)
Cued-invitation
a type of invitation which refocuses the child's attention on details they mentioned and uses them as cues to prompt further free-recall of information (you mentioned that...)
Which children produce the most details with invitation statements?
older children
non-protocol vs Protocol interviews (children)
-Non-protocol interviews elicited no very many details from invitations/suggestions
-After training, invitation-elicited details skyrocketed
-Interviewers get better but it's not perfect
It is "custodial" interrogation when
-Freedom of movement is significantly restricted
-A reasonable person would have felt he or she was not at liberty to end the interrogation and leave
Miranda Rights Goals
-To discourage police from using coercion
-To prevent involuntary confessions
Rights in Miranda Rights
-To remain silent
-To have attorney present during questioning
-To have appointed attorney when financial need exists
-To acknowledge understanding of rights
Do suspects make use of their miranda rights?
-Innocent people feel they have nothing to hide and foten waive their rights
-Having waive their right to silence, an innocent suspect can end up making false confession
-80% waive their rights; more than 90% of juvenile waive their rights
Presence of a parent
many states require to protect young suspects (may not help because adults often urge children to cooperate with police)
Police interrogation Practices
-Isolating suspect from family
-Small private interrogation room
-Pretending to have independent evidence of guilt
-Minimizing the moral seriousness of the offense
after promise of using both leniency and minimization innocent people were
more likely to confess
Power of Confession
-With a confession, juries tend to reach a guilty verdict
-When confession occured, mock jurors were more likely to convict
-Low pressure vs high pressure interrogation were very similar conviction rates
Fundamental Attribution error
-Tendency to overemphasize dispositional explanations for individuals behavior while minimizing situation causes
-Most people believe they would never falsely confess to a crime
-Juror interpret confession as reflection of actual guilt, discount external causes such as coercion
Wrongful convictions reasons (Innocence Project)
-72% eyewitness misidentification
-27% FALSE CONFESSIONS
Hit Rate
Proportion of guilty people that confess (totally independent from innocent population)
False Alarm Rate
innocent people that confessed from total group of innocent people
Receiver Operating Characteristic (ROC)
-Looking at hit rate and false alarm rate in a new way
- creates a curve
- This means that this data is DIAGNOSTIC and not perfect
- It is a trade-off curve based on ones values
Four Types of False Confessions
1. Instrumental-coerced
2. Authentic-Coerced
3. Instrumental-voluntary
4. Authentic-voluntary
Instrumental-Coerced:
-End interrogation by acquiescence
-Occurs in response to a desire to escape further interrogation
-Knows they did not commit the crime
Michael Crowe Case
-admitted to murder of sister even though he knew he didn't do it (two-paths lie used and attack on memory)
- Example of Instrumental-Coerced confession
Authentic-Coerced:
-Confessor becomes persuaded that he or she is guilty
-Results from highly suggestive interrogations
-Confessor comes to believe they actually did the crime
Peter Reilly Case
-took polygraph and they told him he lied so he must have beaten mother. -After 8 hours of interrogation he confessed believing he actually did it
Instrumental-Voluntary:
Protect someone else, gain notoriety
Authentic- Voluntary:
delusional or mentally ill
Voluntary False Confessions
-Occurs without being prompted by the police
-Can be result of desire for notoriety, inability to distinguish fact from fantasy, attempt to protect the real offender
Central park jogger case
-1989 female jogger beaten and raped.
-Survived but could not remember anything
-5 black and hispanic boys were arrested and then confessed to crime following 30 hours of interrogation
-Taped confessions were compelling → each defendant described vivid but erroneous details
-In 2002, Matias Reyes admited to rapes and murder
Police Interrogations and Confessions:
Personal risk factors
Adolescence
Cognitive and intellectual disability
Police Interrogations and Confessions: Situation Risk Factors
1. Duration → vast majority of interrogation last from 30 min to 2 hours

2. Interrogation tactics → lying and minimization
For confessions to be admitted into court they must be:
-Given voluntarily
-Given by person who is competent
Potential Solutions of Problems of False Confessions
-Video recording of interrogations
-Limit duration
-Ban the "false evidence ploy"
-Special protections for vulnerable populations
Paul Ekman
one of the foremost experts on deception detection
Bond and DePaulo:
- a meta-analysis of 253 studies on deception revealed overall accuracy of lie detection in people was approximately 53%
- People fare only slightly better than a coin toss at detecting deception
Paul Ekman's approach to studying lie detection
-Assumption: any ability to detect a lie requires that the lie arouse emotions (liar has to be lying about something important)
- focused on microexpressions in low-stakes versus high-stakes lies
Low Stakes lie
lies do not elicit emotion, so the lies would be hard to detect
high stakes lie
lies arouse emotion that create facial expressions that leak through attempts to mask them (potentially detectable)
Do facial expressions differ in any measurable way when someone is lying compared to when they are telling the truth?
-Using high stakes lies, Ekman and his colleagues found measurable differences
-Subtle facial movements associated with being happy occurred during truthful conditions
-Subtle facial movements associated with negative emotions occurred during lying condition
General approach to studying whether or not people can detect lying
-10 confederates lie or tell truth in each condition - important lies, not trivial
-5 confederates are lying and five are telling the truth
-Test takers watch each person on tape and indicated whether or not the person is lying
Emotion deception judgement task
-A confederate talks about watching a nature video while watching an upsetting video (lying)
-A confederate talks about watching a nature video while watching a nature video (truth)
Opinion deception judgement task
-Express opinion that goes against your strong beliefs (lie)
-Express an opinion that agrees with your strong beliefs (truth)
Crime Deception Judgements task
Deny stealing 50
Admit to stealing 50
Wright, Whelan, Wagstaff and Wheatcroft
-Participants: 70 police officers and 37 undergraduates
-Stimuli: videos of people making public appeals for help with missing relatives (high stakes); 18 were honest and 18 deceptive
-Participants decided who was telling truth/life and rated confidence
-Results: Police were 72% correct, undergraduates 68% correct (both better than chance)
Higher confidence means
higher accuracy
Actively Prompting information to Detect Lies
-Police do not merely passively watch demeanour, instead actively question suspect
-What makes an expert adept at lie detection is not the passive observation of demeanor but the active prompting of diagnostic information
Levine et al
-Participants played trivia game with a partner for cash prize of 10 each for each correct response
-Partner was a trained research confederate acting as another subject
-Between 3 and 4 questions the experimenter was called out of the room, at which point the confederate suggested cheating
-Cheating occured in 45 % of tests
-Interviewers were five federal agents with substantial polygraph and interrogation experiences
-Interviews were unscripted and varied
-Judgments were around 98% correct and 85% rate of confessions
Criticism of Levine et al
-Trivia questions were almost impossible for anyone to answer
-If someone answered several correctly, it was already easy to tell that they were cheating
The polygraph
An instrument that simultaneously records changes in physiological processes such as HR, BP, respiration
The underlying theory of the polygraph is that
when people lie, they also get measurably nervous about lying. HR increases, BP goes up, breathing changes etc.
William Moulton Martson
-Student of Munsterberg at Harvard
-Discovered correlation between blood pressure and arousal during lying
-Invented wonder women
John Augustus Larson
-Rookie police officer in Berkeley CA
-Read Marston's article "Physiological Possibilities of the Deception Test"
-Was getting PhD in Physiology → improved Marston's test through continuous recording of BP
First Real-world application of polygraph
-Berkeley sorority house - 1921
-Money and and expensive ring had been stolen
-Larson asked suspects questions while hooked up to BP gage
Relevant/Irrelevant Test
-Ask irrelevant questions
-Ask questions relevant to the crime
-If arousal(relevant) is greater than arousal(irrelevant) then they are guilty of lying
-Concern is that people might get aroused any time that they need to tell a truth or lie
Comparison Question Test (Control Question)
-Add a probable-lie comparison question (Have you ever harmed anyone)
-Generate lie but it's a smaller lie -- some people will get aroused by this (helps to weed out if someone is truly lying or just nervous)
-Arousal(relevant) is greater than arousal(comparison) = guilty of lying
Concealed Information (Guilty Knowledge) Test
-Present one true and several false details of an incident that has not been publicized, so the true answer would only be known to perp
-Innocent suspects will not be more aroused in response to the true item, but guilty suspects will be
-Arousal (true) bigger than arousal (false) = guilty than lying
Concerns about the Comparison Question Test
-It may provide insufficient protection for the innocent
-The innocent suspect knows he's a suspect and realizes that this is the key question -- he may also believe that this is his last chance to convince the investigator that he is innocent
Carmel et Al
-Participants were instructed to enter the office of a named TA in psychology and steal a CD with a red case containing an exam
-Told to convince the examiner that they were innocent
-Hooked up to polygraph and given guilty knowledge questions
-Guilty person will show elevated activity to details of crime
-Innocent person doesnt know the answer
Polygraph ROC
-How do we get more points on the curve?
-CHANGE THE CUT-OFF -- it's totally arbitrary so change it to get more points on the curve and see how the hit/false alarm rates change
So do polygraphs work?
-They plotted the ROC's of a bunch of polygraph tests
-Many believe it is worse for the relevant-irrelevant method and best for the guilty knowledge method
-The data suggest that all methods are about equally effective
-Polygraphs are at least diagnostic of lying
The Green River Killer
-Investigators had a new suspect in relation to Green River Murders
-He was previously known to police, and suspect had been picked up attempting to solicit undercover cop
-Man was released after successfully passed lie detector test
Base Rate Problem
-In screening environment
100 who are lying for 10,000 that are telling truth
-Now it's 100/100 hit rate
500/10,000 false alarm
-The base rates are totally unbalanced
-Keypoint: it's still a good test but now we are using it in a context where the base rates are heavily unbalanced
Using polygraph test in the "probable cause" scenario
-The police already have reason to suspect a particular person of a crime
-For every 200 suspects given a polygraph, around 100 will be innocent and around 100 will be guilty (50/50)
Using a polygraph test to search for a suspect (screening)
-Almost everyone will be innocent
-For every 100 employee given polygraph, around 198 will be innocent and 2 will be guilty
What's the problem with screening
-Far more examinees are innocent than guilty
-Therefore, even a good test (high hit, low FA) will wrongly identify far more innocent people than guilty people
Daubert v Merrell
-Admissibility of scientific evidence determined case-by-case based on evidentiary hearings
-Judge makes the call (after considering if there is a scientific consensus)
1998 Justice Clarence Thomas
-express concerns about polygraph testing
-Lack of consensus about validity and reliability
Polygraph as Coercion
-Used to induce confessions
-Presented as opportunity to prove innocence
-If you confess during course of interrogation is admissible
-The polygraph is used to get people to falsely confess
Jurors and the Polygraph
-Jurors generally find results persuasive
-Results can change outcome of a trail
-Experts are more skeptical than general public
fMRI detects
-"where" lying occurs in the brain
-Does not measure physiological arousal, so it might even be able to detect low-stakes lies
Langleben et al
-Participants were told to peak at this card and that they would receive 20 dollars if they concealed its identity from the brain scanner (guilty knowledge test)
-Compared brain activity between telling lie or truth
-Neural correlates of deception
-ACC showed increased activity during lying
basic problem of fMRI results
-it's really noisy and have to average activity out of a bunch of different people.
-For one person, it's just a noisy mess
Insanity pertains to
the defendant's mental state at the time of the offense
Competence refers to the defendant's
mental abilities at the time of the proceeding
What is insanity?
Mental illness of such a severe nature that a person...

1. Cannot distinguish fantasy from reality
2. Cannot tell right from wrong
3. Is subject to uncontrollable impulsive behavior
Origin of the Insanity Defense
-1843, English dude named Daniel McNaughton shot and killed secretary of British Prime Minister (paranoid delusions)
-Court acquitted by "by reason of insanity"
-Confined to mental institution
-People got super pissed about it so Queen Victoria ordered the court to develop a stricter test of insanity
Known as the McNaughton Rule
McNaughton Rule
At the time of a crime, the accused had a mental defect and so:

1. Did not know the nature or quality of their crime at the time of offense (didn't know what they were doing)
Or
2. Knew what they were doing but did not know that the criminal activity was wrong
Insanity defense is attempted in ____ percent of felony cases
1%
How many insanity defenses are successful
1 in 4
1950's: A time of Growing Dissatisfaction with McNaughton Rule
-Psychiatrists agreed that it is possible to understand that one's behavior is wrong, but still be unable to stop oneself
-A new standard developed by american Law Institute
The American Law Institute Rule
1. knew what he was doing but because of a mental disease/defect did not understand the criminality of his conduct
or
2. knew it was wrong but because of a mental disease/defect could not stop himself from doing it ("irresistible impulse")
John Hinckley Jr
-Developed an obsession with Jodi Foster, who played a child prostitute in the movie Taxi Driver
-Followed her to Yale and Stalked her + slipped poems and messages
-Settled on scheme to assassinate president to win her over
-Found not guilty by reason of insanity
-Not guilty verdict led to widespread dismay
-Congress rewrote law
Federal Legislative Responses to Hinckley
The Insanity Defense Reform Act of 1984
The Insanity Defense Reform Act of 1984
-Eliminated excusing a defendant who could not resist an impulse
-Moved back towards the McNaughton rule
State Legislative Responses to Hinckley
-Following Congress' lead, more than 30 states made changes to their insanity-defense statutes
-moved away from the A.L.I. standard back towards the more restrictive McNaughton test
-Three states abolished the insanity defense and a 4th did so about 10 years later
"Guilty But Mentally Ill"
Authorizes both a conventional criminal sanction and psychiatric treatment for a mentally ill defendant who sought to be found not guilty by reason of insanity
Lorena Bobbitt
-After being raped by her husband, she went into kitchen where she found knife
-Entered bedroom and cut off more than half his penis
-Realizing severity of crime, stopped and called police
-Defense maintained that abuse made her "snap"
-Suffering from clinical depression and PTSD
-After 7 hours of deliberation, jury found her not guilty due to insanity
Andrea Yates
-Murdered her daughter + 4 sons → drowning
-Postpartum depression
-Found guilty, but then appealed and overturned by insanity
Competency
-The Mental state of the defendant at the time of trail
-Criminal proceedings should not continue against someone who cannot understand their nature and purpose
Milton Dusky
-33 yr old man charged w kidnapping + rape
-Clearly suffering from schizophrenia but found competent to stand trial
-Sentenced to 45 years
-Requested his conviction be reversed on grounds that he was not competent to stand trial
Court ruled that to be competent, defendant must have a:
1. "sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding"

2. "rational as well as factual understanding of the proceedings against him."
Capacity v Willingness
the focus is not on whether someone will work with their attorney but whether they are capable of doing so
Competence v Insanity
-A defendant may be found psychotic, mentally ill, or mentally retarded but still competent and able to stand trial
-Competence only refers to their present abilities, not their psychological state at the time of the crime, as is the case with the insanity defense
Competency Screening Test (CST)
-22 item sentence completion test
-Often used as initial screening tool
-Scores range from 2 (competent answer) to 0 (incompetent answer)
-Scores less than 20 suggest possible incompetence to stand trial
Test of Malingered Incompetence (TOMI)
-Designed to assess cognitive malingering in Competence evaluations
-The TOMI has two 25-item scales
-General Knowledge
-Legal Knowledge
-Does not strictly aim to assess competency abilities.
-Are they faking it
Competence Assessment for Standing Trial with Mental Retardation (CAST-MR)
-Assesses competence to stand trial for persons with intellectual disabilities
-Based on Dusky criteria
-Separate sections for Basic Legal
-Concepts, Skills to Assist Defense, and Understanding Case Events.
-Persons with Intellectual Disability tend to score lower on specialized assessments of competency
A meta-analytic review of competency to stand trial research (Pirelli, Gottdeiner & Zapf)
-60,000 Competency evaluations done yearly
-About 20% found to be incompetent
-6 variables analyzed in this study
-Only two mattered: unemployment + psychotic disorders
unemployed defendants were approximately _____ to be found incompetent than those who are employed
twice as likely
those diagnosed with a Psychotic Disorder were approximately _____ to be found incompetent than those without a psychotic diagnosis
eight times more likely
If Found Incompetent to Stand Trial
what happens?
-Defendants typically go to mental health institution
-Treated for restoration of competence
-If treatments works → defendant will stand trial
-If determined that competence may never be restored:
-Involuntary Civil Commitment → put in mental facility forever
-Charges dropped
Restoring Competence
Usually through medication, psychotherapy, education
The Case of Jamie Sullivan
-Sullivan was a 24 year old store clerk charged with arson, burglary, and murder.
-He was mentally retarded with an IQ between 65 and 68.
-His attorney thought he might be incompetent to stand trial, so he was examined by a psychologist.
-Was questioned and found him competent
Civil Commitment of Sexual Offenders
-Legal mechanism to confine + treat sexually violent offenders in secure treatment facility after completing a prison sentence
-Implemented when court determines that to-be-released offender is likely to engage in future acts of sexual violence
To meet criteria for commitment:
Offender must suffer from mental abnormality or personality disorder predisposing him to commit future acts of sexual violence
Leroy Hendricks
-Pedophile with 5 convictions for molesting children
-Served 10 years in prison and was scheduled to be released in 1994 at age 59
-When release date arrived: state refused to let him go, confining him to state mental hospital
-Remained there until 2005 → at age 70 in wheelchair + in poor health
Proponents of civil Commitment of Sexual Offenders
-offers an important community protection safeguard by incapacitating a high risk subgroup of sex offenders
-provides opportunities for these individuals to receive treatment interventions
-Better than any alternative
Opponents of civil Commitment of Sexual Offenders
-Double jeopardy (trying/punishing someone for the same crime twice)
-A slippery slope
Kansas v. Hendricks (1997 Supreme Court decision)
-Civil commitment laws did not violate "double jeopardy"
-Civil commitment laws impose a civil (non-punitive) consequence rather than criminal punishment; constitutional restrictions on double jeopardy apply only to criminal punishment
Why are Sexual Predator Laws Needed Anyway?
-Anyone who is deemed to be both mentally ill and dangerous to himself or others can already be placed indefinitely in a mental institution against their will
Disorders we ordinarily think of as "mental illness"
-Patients with diagnoses like these who are also judged to be a danger to themselves or others can already be civilly committed
-Schizophrenia
-Psychotic Depression
Personality disorders (enduring traits)
-Borderline Personality Disorder
-Antisocial Personality Disorder
DSM-5 Diagnostic Criteria for Antisocial Personality Disorder
-Pervasive pattern of violation of rights of others since age 15 as demonstrated by three of seven criteria
-Failure to obey laws and norms
-Lying, deception, and manipulation
-Lack of remorse for actions (and so on)
Conduct disorder with onset before 15 years
-Aggression towards people and animals
-Destruction of property
-Deceitfulness in theft
Unstructured clinical judgment
Clinical judgment and intuition
Actuarial techniques
Statistical use of risk factors (e.g., using age to predict risk)
Guided professional judgment instruments
combines clinical and actuarial predictors
STATIC-99
-A ten item actuarial assessment instrument for use with adult male sexual offenders who are at least 18 year of age at time of release to the community
-Most widely used sex offender risk assessment instrument in the world
-produces estimates of future risk based upon the number of risk factors present in any one individual
Actuarial Approach (no clinical judgement) says that the older you get
the less likely you are to commit a sex crime again
Civil Commitment of the Mentally Ill
-Could be someone completing a prison sentence
-More often → comes up when acute mental health treatment facility is considering releasing someone who has been treated there
Violence Risk assessment and Risk Communication (Slovic, Monahan, & MacGregor,Law & Human Behavior
-an interactive software program designed to estimate the risk that a person hospitalized for mental disorder will be violent to others.
-The software leads the evaluator through a chart review and a brief interview with the patient
-the software generates a report that contains a statistically useful estimate of the patient's violence risk
COVR Classification Tree
-basically counting risk factors
-Puts people into different classes
COVR Default Categories
●Category 1: Very low risk [1% or 1 of 100]
●Category 2: Low risk [8% or 8 of 100]
●Category 3: Average risk [26% or 26 of 100]
●Category 4: High risk [56% or 56 of 100]
●Category 5: Very high risk [76% or 76 of 100]
Illustrative User-Defined Categories
●Category 1: Discharge without further evaluation.
●category 2: Discharge if a routine evaluation is negative for violence risk
●Category 3: Do not discharge now; re-evaluate in 72 hours
●Category 4: Do not discharge without a full evaluation by Dr. Smith
●Category 5: Consider warning potential victim and/or petitioning the court for some sort of civil commitment
How effective is the COVR? (Steadman et al., (1998, 2000)
-Tested on 939 patients recently discharged from 3 acute psychiatric facilities
-In the 20 weeks following discharge, some committed serious acts of violence (19%) but most did not (81%)
-Before discharge, all patients had been evaluated using the COVR and another standard test
- it depends on your criteria for releasing people! (ROC)
Violence risk communication (Slovic, Monahan, & MacGregor,Law & Human Behavior (2000)
-EITHER (half the subjects)
Patients similar to Mr. Jones are estimated to have a 20% probability of committing an act of violence to others during the first several months after discharge.

-OR (the other half)
Of every 100 patients similar to Mr. Jones, 20 are estimated to commit an act of violence to others during the first several months after discharge.

-Their answers were totally different
20% = 21 do not discharge
20/100 = 41 do not discharge
Numeracy and Decision Making (Peters et al. (2006, Psychological Science)
-Half the subject received this story:
"Of every 100 patients similar to Mr. Jones, 10% are estimated to commit an act of violence to others during the first several months after discharge."

-The other half received this story:
"Of every 100 patients similar to Mr. Jones, 10 are estimated to commit an act of violence to others during the first several months after discharge."

-QUESTION:
What is the risk that Mr. Jones will harm someone?

-People good at math → didn't matter, same rating of risk
-People bad at math (didn't understand probability)--> found frequentistic language to be more risky
Conclusions about Violence Risk Communication
1. Forensic evaluators often prefer to use verbal categories (e.g., "low risk"), but rarely define those categories
2. Probabilities are very easily misunderstood and mischaracterized—they should be avoided
3. The lack of "numeracy" is a serious, under-researched problem
4. The "frequentist" approach (e.g., "10 out of 100) may be the best approach
Texas accounts for _____ % of dealth penalty killings
38
Countries with Death Penalty
Half of world population but not a lot of countries
When crime rates drop, support for death penalty
drops
Do males or females favor the death penalty more?
males
Death Penalty as a Deterrent
Deterrence theory posits that potential murders will be restrained by possibility of execution
Counterargument to Death Penalty as a Deterrent
1. Murderers do not think rationally
2. Murderers usually under influence of substances
3. Murderers do not believe they will be caught and executed