Encyclopedia of Psychology and Law

(lily) #1
the presence of a weapon. Research has demonstrated
that these factors can produce general memory
impairments, but the effects are variable and unpre-
dictable with regard to specific individuals.

Approaches to the
Assessment of Lay Knowledge
Although the subject of scientific investigation of eye-
witness memory is more than 100 years old, it is pri-
marily the last 40 years of research that have provided
a substantive and reliable foundation of data. To assess
public beliefs concerning the eyewitness factors exam-
ined in this research, both directand indirectmethods
have been employed. For examples, the introductory
robbery scenario will serve. One factor that has long
been considered relevant to the reliability of eyewitness
identification is the correspondence between the race of
the witness and that of the suspect. Identification relia-
bility has often been found to be higher when both are
members of the same racial group than when the two
people belong to different racial groups—an outcome
called the “other-race” effect. Using the director survey
approach to the assessment of lay beliefs, respondents
might be asked to agree or disagree with statements
such as “People are better at recognizing members of
their own racial group than those of a different race” or
be asked to choose among a number of alternative for-
mats to the following statement: “When people are
asked to identify someone of a racial group different
from their own, they are just as likely(or more likelyor
less likelyor don’t know) to be correct as when the per-
son is of their own racial group.” On the other hand,
using an indirectapproach, respondents may receive a
brief written vignette in which the respective races of
the witness and perpetrator are either not mentioned at
all (a control condition), are described as being the
same, or described as different. The vignette may in
fact be a summary of an actual experiment in which
identification rates were examined as a function of vari-
ations in the racial similarity variable. After reading the
vignette, the respondents estimate the probability that
the witness’s identification decision is correct, an esti-
mate that is often called a “postdiction” in relation to
the actual experiment. Differences in the probability
estimates from participants who received the different
vignettes are taken to reflect public beliefs about the
direction and magnitude of the relationship between
witness-suspect race and eyewitness memory reliabil-
ity. If, for example, Simon Chung is Asian, but
the witnesses are Caucasian, juror beliefs about the

relevance of this distinction may be important to their
assessments of the identification evidence. Of course,
when compared with the effects of the variable on
actual identification accuracy in research experiments,
these response differences may reflect wholly erro-
neous beliefs.
These kinds of data from public samples will only
be helpful to a judge if he or she has a basis for assess-
ing the accuracy of the beliefs of survey respondents
and research participants and, by extension, the pub-
lic. Therefore, what is needed is a distillation of eye-
witness research that provides the “correct” answer
for each of the eyewitness factors present in a case.
These correct answers have been made available to
courts in two ways. In the first, survey researchers
explicitly compare the public survey and research out-
comes with their interpretations of what the scientific
research literature has revealed. In the second, the sur-
vey researchers instead compare their findings with
the results of surveys of “eyewitness experts” (them-
selves researchers) concerning the effects of variables
on eyewitness reliability. The most recent of the
expert surveys was completed in 2001 by Saul Kassin
and colleagues, who tabulated the survey responses of
64 experts to each of 30 propositions about eyewitness
factors including, for example, the effects of delay,
weapon presence, other-race identification, stress,
age, lineup construction techniques, and long term, to
name but a few. To date, no factor has received com-
plete unanimity from the experts as to its impact on
eyewitness memory. Instead, to determine what is cur-
rently “correct,” courts may look at general agreement
among experts or a consensus of opinion. For exam-
ple, of the 30 propositions presented to experts by
Kassin, only 16 achieved a consensus of 80% agree-
ment across experts. However, as a summarizing
statement, when the responses collected from lay par-
ticipants using both direct and indirect methods are
compared with the consensual opinions of the experts
about the factors, these comparisons frequently
demonstrate significant differences between the beliefs
of experts and those of members of the public.

Direct Methods
The earliest surveys were completed in the early
1980s and tested university students with multiple-
choice questions. The majority of participants did not
give the correct answer to most items, including the
effect of violence on recall accuracy, the relationship
between witness accuracy and confidence, memory

300 ———Eyewitness Memory, Lay Beliefs About

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