Encyclopedia of Psychology and Law

(lily) #1
evidence. When, however, the identification of the
suspect is not made with extremely high confidence,
and is perhaps made in a ponderous manner, it should
signal real doubts about whether the suspect is the cul-
prit and act as a reminder to investigators that they
should strongly consider alternative hypotheses about
the culprit’s identity. In contrast, investigators should
not attempt to interpret the likely accuracy of wit-
nesses’ rejections of a lineup based on the associated
confidence levels. Although lineup rejections have
diagnostic value with respect to the guilt or innocence
of the suspects, the witnesses’ confidence levels do not
assist in that diagnosis.
Encouragingly consistent with these conclusions
that are based on experimental simulations are some
analyses of findings from real criminal cases. In this
archival work, when there was strong incriminating
(nonidentification) evidence against a suspect (which
admittedly does not prove that the suspect was the
culprit), very confident witness identifications much
more strongly pointed to the police suspect than to the
innocent lineup foils.

Barriers to the Use of
the Calibration Approach
Application of the calibration approach to the study of
the CA relation in eyewitness identification has
clearly been valuable. Unfortunately, there is one
major obstacle to the more widespread application of
the approach. As the published work shows, use of
this approach in the eyewitness identification context
requires extremely large sample sizes. The typical
eyewitness identification task simulates the real-world
investigation: The witness observes a crime, views a
lineup, and either makes a positive identification or
rejects the lineup. In other words, only one data point
is provided by each participant witness. However, sta-
ble calibration curves and statistics (for choosers or
nonchoosers) require approximately 200 to 300 data
points for each experimental condition examined.
Thus, the existing published studies with an identifi-
cation paradigm are characterized by sample sizes
considerably in excess of what many laboratories find
practical to achieve. In contrast, an old-new face
recognition paradigm allows for a large number of
repeated measures and, in turn, derivation of calibra-
tion statistics for each participant. One consequence
of this sample size problem is that future research into
how calibration varies over forensically relevant con-
ditions is likely to proceed quite slowly.

Confidence Malleability

The issue of social influences on identification confi-
dence and the malleability of confidence have already
been mentioned—and these issues are also discussed
specifically elsewhere. Some further discussion of
these issues is required here, however, to round out the
discussion of identification confidence.
As has been indicated, the empirical evidence
shows that witness confidence judgments are informa-
tive about the likely accuracy of positive identification
decisions if they are solicited at the time of the identi-
fication. But from the time of the identification
through to the end of a trial, witnesses may have a
variety of further interactions with the police, other
witnesses, and lawyers, culminating often in a court-
room appearance. Although none of these interactions
can have any bearing on the accuracy of the decision
that was indicated at the identification test, they do
have the potential to influence significantly any subse-
quent expression of confidence in that decision. This
may mean, for example, that any confidence judgment
expressed in the courtroom may be quite different
from the one that was made at the time of the actual
identification test. In turn, whereas confidence at the
time of the identification decision may be informa-
tive about identification accuracy, these subsequent
expressions of confidence may not be.
Some of the key variables that have been shown to
influence postidentification judgments of confidence
include confirming and disconfirming feedback about
the accuracy of the identification provided, for exam-
ple, by a lineup administrator or another witness. This
feedback may be in the form of explicit verbal feed-
back from one of these sources or may involve more
subtle verbal or nonverbal cues. Regardless of when
and how the feedback is delivered, its impact will be to
make a witness appear more credible or believable if it
is confirming feedback and thus inflates confidence or
less credible if it disconfirms and deflates confidence.
In other words, cues that can affect confidence judg-
ments but not the underlying judgmental accuracy can
render a witness more or less believable to jurors.
Thus, a witness who falsely identifies an innocent
police suspect may not be particularly confident at the
time of making an identification but may be exception-
ally confident at some later stage in a courtroom. It is
for these reasons that eyewitness researchers have
strongly endorsed the collection of any assessments of
confidence at the time of the identification—for it is
then that the confidence judgments are maximally

Confidence in Identifications——— 141

C-Cutler (Encyc)-45463.qxd 11/18/2007 12:41 PM Page 141

Free download pdf