Encyclopedia of Psychology and Law

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accuracy rates by forcing participants to make a fast
identification were unsuccessful. Thus, it appears that
the relatively short latency of accurate witnesses is the
result, not the cause, of the decisions processes that
produce accurate decisions. The other involved the
suggested use of a specific time (i.e., 10–12 seconds)
as the cutoff for distinguishing fast (i.e., reported in
less than 10–12 seconds), and consequently accurate
identifications, from slow (i.e., reported after more
than 10–12 seconds) identifications, which were less
likely to be correct. Despite the apparent early success
of this rigid rule, subsequent studies demonstrated
that the boundary between fast and slow decisions is
not constant but varies from situation to situation as a
result of changes in variables such as the target and
lineup, the nominal size of (i.e., the number of mem-
bers in) the photo array, and the retention interval
between viewing the offender and attempting to make
an identification from the lineup. The demonstrated
instability of the border that separates fast from other
identifications rules out the practical use of a univer-
sal response latency boundary to discriminate identifi-
cations with a high probability of being correct.
However, subsequent analyses using this type of static
response latency boundary (i.e., 10 seconds) in combi-
nation with a confidence criterion (e.g., identifications
made with 90% or 100% confidence) have shown
some promise. Although few decisions met both the
response latency and confidence criteria, those deci-
sions observed a very high accuracy rate across a num-
ber of stimuli and viewing conditions. Consequently,
the most encouraging use for response latency appears
to be in combination with other markers of identifica-
tion accuracy—most notably confidence.
Response latency is often inappropriately referred to
as decision latency (or decision speed). Although this
may seem a pedantic, semantic distinction it under-
scores an important point about the measurement and
use of response latency in the eyewitness identification
domain. Specifically, an eyewitness, particularly a con-
scientious eyewitness, may not make a response imme-
diately on arriving at a decision. For example, the
attention of one witness with an excellent memory for
the offender may be drawn to a specific lineup member
as soon as he or she sets eyes on a photo array, and the
witness could feel certain that the perpetrator has been
found. However, to ensure that they have not made a
mistake, these conscientious witnesses may continue to
carefully examine each of the other lineup members
before identifying the lineup member to whom their
attention was initially drawn as the offender. In

contrast, the attention of another witness with a rela-
tively impoverished memory may not be drawn to any
specific member of the lineup. Consequently, that wit-
ness may conduct a careful and deliberate examination
of the lineup before making and indicating their identi-
fication decision. In other words, the observed response
latency may be affected by factors other than the
amount of time it took the witness to arrive at a decision
(e.g., their conscientiousness or their confidence in
their ability to make the correct decision).
At present, despite the consistent relationship
between latency and identification accuracy, these
findings do not lead to any practically useful methods
for reliably discriminating correct from incorrect deci-
sions, but the combined use of response latency with
confidence judgments appears to be a potentially
fruitful area of investigation.

Nathan Weber and Neil Brewer

See alsoConfidence in Identifications; Popout Effect in
Eyewitness Identification

Further Readings
Brewer, N., Caon, A., Todd, C., & Weber, N. (2006).
Eyewitness identification accuracy and response latency.
Law and Human Behavior, 30,31–50.
Dunning, D., & Perretta, S. (2002). Automaticity and
eyewitness accuracy: A 10- to 12-s rule for distinguishing
accurate from inaccurate positive identifications. Journal
of Applied Psychology, 87,951–962.
Sporer, S. L. (1993). Eyewitness identification accuracy,
confidence, and decision times in simultaneous and
sequential lineups. Journal of Applied Psychology,
78,22–33.
Weber, N., Brewer, N., Wells, G. L., Semmler, C., & Keast,
A. (2004). Eyewitness identification and response latency:
The unruly 10–12 s rule. Journal of Experimental
Psychology: Applied, 10,139–147.

RETENTIONINTERVAL AND


EYEWITNESSMEMORY


Retention interval refers to the amount of time that
elapses between the end of a witness’s encounter with
a perpetrator and any subsequent testing of the wit-
ness’s memory for that encounter. Testing of a witness’s
memory for a perpetrator’s identity is obviously impor-
tant whenever the prosecution seeks to prove that the

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