Encyclopedia of Psychology and Law

(lily) #1
the information that is collected is usually accurate. This
is especially the case when witnesses are simply asked
to describe the assailant without any prompts from the
investigator. The key question is whether description
accuracy and length of description correlate with eye-
witness identification accuracy. It could be assumed that
witnesses who give more complete and detailed descrip-
tions of the culprit would be more accurate in their iden-
tification. In fact, the U.S. Supreme Court has employed
the witness description accuracy as an indicator of
the witness’s reliability. However, it has generally been
found that the quality and quantity of the witness
descriptions are not related to identification accuracy.
Not only do witness descriptions poorly predict
accurate identifications, but they may also in fact
harm later identification accuracy. This is what hap-
pens in the case of verbal overshadowing. Verbal
overshadowing refers to the impairment in lineup
identification accuracy when the witness is asked
to describe the suspect’s face prior to the lineup
administration. Although witness descriptions and
identifications are weakly correlated, two factors are
inconsistent with this finding. First, witnesses who are
particularly adept at describing faces are likely to ben-
efit from the description. Second, the correlation
between witness description and identification accu-
racy is improved when the culprit’s face is especially
easy to describe, such as when there is a tattoo on the
face or a facial disfigurement.
One estimator variable that is thought to be predic-
tive of identification accuracy is the speed of the iden-
tification. The rationale is that witnesses with a good
view of the culprit and a vivid memory of the crime
should identify the witness quickly and without hesi-
tation. For the most part, the research on speed of
identification has been consistent with this logic.
Furthermore, it has been noted that witnesses who
indicate that the face “popped out” at them when
viewing the lineup tend to be more accurate in their
identification than witnesses who indicated that they
had to take more time to make their decisions. Thus,
there is a strong relationship between accuracy and
speed of identification, with faster identification
resulting in more accurate identification.

Eyewitnesses in the Courtroom
Considerable research has addressed how jurors evalu-
ate eyewitness memory and whether their evaluations
can be improved. Using trial simulation methods,

research demonstrates that jurors are often insensitive
to the factors that are known to influence eyewitness
memory: stress experienced by the witness, weapon
focus, and the influence of suggestive identification
procedures. Furthermore, jurors tend to rely on factors
that are known not to strongly predict identification
accuracy. Witness confidence, for example, has a
strong impact on jurors’ evaluations of eyewitness
identifications. In these studies, highly confident
witnesses are persuasive, and jurors tend to convict
perpetrators on the basis of testimony by highly
confident witnesses.
The apparent inability of jurors to evaluate eyewit-
ness identification procedures in a manner consistent
with the research on eyewitness identification has led
some psychologists to conclude that knowledgeable
psychologists should testify in court as expert wit-
nesses. The purpose of the expert testimony is not
to make a judgment as to the accuracy of the identifi-
cation but rather to provide all the relevant informa-
tion so that the jury can make an informed decision
when assessing the reliability of the witness. Not all
those in the legal system agree on the efficacy or use
of eyewitness testimony during trials. Some argue that
the testimony may bias the witness; others indicate
that the testimony is superfluous because issues of
memory are of common knowledge (a conclusion that
is inconsistent with research findings). Although there
has been research investigating the impact of expert
testimony on factors that influence eyewitness accu-
racy, the results are mixed with respect to its impact
on jurors.

Jeffrey S. Neuschatz and Deah S. Lawson

See also Estimator and System Variables in Eyewitness
Identification; Expert Psychological Testimony on
Eyewitness Identification; Identification Tests, Best
Practices in; Juries and Eyewitnesses

Further Readings
Brewer, N., Weber, N., & Semmler, C. (2005). Eyewitness
identification. In N. Brewer & K. D. Williams (Eds.),
Psychology and law: An empirical perspective
(pp. 177–221). New York: Guilford Press.
Lindsay, R., Ross, D., Read, J., & Toglia, M. (Eds.). (2007).
The handbook of eyewitness psychology: Vol. 2. Memory
for people. New York: Lawrence Erlbaum.
Neuschatz, J. S., & Cutler, B. L (in press). Eyewitness
identification. In H. L. Roediger (Ed.),Learning and

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