Encyclopedia of Psychology and Law

about the identified person, and there is no way to

detect a witness who chooses completely at random,

or on the basis of a poor or faulty memory. Lineups

composed of multiple, but not all, suspects degrade

the safeguard somewhat less.

Roy S. Malpass and Colin G. Tredoux

See alsoExpert Psychological Testimony on Eyewitness

Identification; Identification Tests, Best Practices in;

Lineup Filler Selection

Further Readings

Malpass, R. S. (1981). Effective size and defendant bias in

eyewitness identification lineups. Law and Human

Behavior, 5,299–309.

Malpass, R. S., & Devine, P. G. (1983). Measuring the

fairness of eyewitness identification lineups. In S. Lloyd-

Bostock & B. Clifford (Eds.),Evaluating Witness

Evidence(pp. 81–102). London: Wiley.

Malpass, R. S, Tredoux, C. G., & McQuiston-Surrett, D. E.

(2007). Lineup construction and lineup fairness. In

R. C. L. Lindsay, D. F. Ross, J. D. Read, & M. P. Toglia

(Eds.),The handbook of eyewitness psychology: Vol. II.

Memory for people.Hillsdale, NJ: Lawrence Erlbaum.

Tredoux, C. (1999). Statistical considerations when

determining measures of lineup size and lineup bias.

Applied Cognitive Psychology, 13,S9–S26.

Tredoux, C. G. (1998). Statistical inference on measures of

lineup fairness. Law and Human Behavior, 22,217–237.

Web Sites

Spreadsheets for use in evaluating lineup size and bias can be

found at http://eyewitness.utep.edu/documents/bias-calc

.xls and http://eyewitness.utep.edu/documents/TredouxE.xls.

LITIGATIONSTRESS

Litigation stress is best understood as consisting of

negative physical and psychological reactions to being

involved in a legal action. Indeed, litigation itself

is mentioned specifically as a stressor in the multiax-

ial Diagnostic and Statistical Manual of Mental

Disorders–Text Revised (fourth edition), in Axis IV

(Psychosocial and Environmental Problems). A vari-

ety of physical and emotional responses to litigation

have been found. Litigation is an uncertain process

and one with which most people are not familiar. It

can affect one’s identity, causing feelings of guilt and

shame, and can lead to isolation from family and

peers. The problem is particularly acute for health

professionals, who face professional sanctions in

addition to the other consequences of a lawsuit.

The earliest work on litigation stress was done by a

physician, Sara Charles, who herself was the subject

of a medical malpractice suit. In her work, she found

that more than 95% of sued mental health profession-

als acknowledge some physical and/or emotional

reaction.

Physical responses typically include the onset or

exacerbation of a physical illness, such as myocardial

infarction or peptic ulcer disease. Headaches, sleep

disturbance, chest pain, and gastrointestinal symp-

toms may also be reported. An exacerbation of any

preexisting physical health problems can be expected.

Even cases of cardiac arrest in the first months after

initiation of an investigation have been reported.

Emotional responses are more common and may

range from anger to profound depression or even sui-

cide. Cognitive disruptions such as problems with

concentration and attention are common. Irrational

thoughts associated with “catastrophizing” and “awfuliz-

ing” are common, along with rumination about poten-

tial disastrous outcome. Marital and family conflicts

are very common consequences of litigation stress.

Preexisting strains in these relationships are magni-

fied. As one would expect, it is not uncommon for the

use of alcohol, tobacco, and caffeine to increase dur-

ing this time of stress. The risk for abuse of these sub-

stances increases, along with various prescription

medications, especially pain medications, anti-anxiety

drugs, and sleep medication.

Why do litigation and complaints cause such

stress? First, the operations of the legal and com-

plaints systems are unpredictable, particularly for

those who do not work in the system or are not famil-

iar with the rules, terminology, and processes. This

unpredictability is a significant factor contributing to

the practitioner’s sense of a lack of control over the

process they are facing. Second, this unpredictability

is compounded by a lack of knowledge about the

process in which they are engaged, and the fact that in

many instances, others may make decisions that could

significantly influence the outcome of their case.

Third, a lawsuit is a direct assault on an individual’s

personal identity and engenders feelings of shame and

guilt. Finally, it is often the case that a person who is

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