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Eyewitness Testimony and Its Limitations

The Problem with Recall

Introduction

Eyewitness testimony (EWT) is an important source of evidence but is often prone to errors. Various factors influence the accuracy of eyewitness memories, often making them unreliable. We will focus on key factors such as Leading Questions and Post-Event Discussion.

Memory Contamination: Definitions

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Leading Questions

Those phrased in a way that suggests a particular answer.
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Effect

Witness’s recall can be biased or altered, sometimes creating false memories.
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Response-Bias

Witness conforms to the question when unsure.
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Explanation

Leading questions may influence EWT by response-bias or by altering the stored memory.

Key Study: Loftus and Palmer (1974)

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The Smashed Effect: Participants shown a car accident video. Those given the verb "smashed" estimated higher speeds and were more likely to falsely recall broken glass.

Post-Event Discussion (PED)

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When witnesses discuss the event, their memories can become contaminated or changed by misinformation.
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This is called Memory conformity: Witnesses may agree with others’ memories to fit in or because they believe other accounts are more accurate.

PED Data: Gabbert et al. (2003)

Action Result Implication
Watched different videos
Discussed what they saw
Mistakenly recalled items from partner's video 71%

Implication: Co-witness discussions can lead to memory distortion, complicating legal processes.

Anxiety: Dual Effects on Memory

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Negative effects (High Anxiety)High anxiety can narrow attention to central details but impair peripheral detail recall (weapon focus effect), reducing overall accuracy.
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Contrarily (Yuille & Cutshall)Contrarily, high stress witnessed during a real shooting led to accurate recall months later, suggesting anxiety can sometimes enhance memory.

The Inverted-U Hypothesis

Anxiety ∝ Memory Accuracy (Up to a Point)
The relationship between anxiety and memory accuracy follows a curve where moderate levels improve memory but very high or very low anxiety reduce accuracy.

Cognitive Interview (CI) Techniques

The CI is designed to improve the accuracy and quantity of eyewitness reports by using psychological principles about memory retrieval.

1

Report everything

Encourages recall of all details, even if they seem trivial.
2

Reinstate context

Mentally returns the witness to the original context of the event.
3

Reverse the order

Recall the event in different chronological orders to prevent the influence of schemas.
4

Change perspective

Imagine the event from different viewpoints to access different memory cues.
E

Enhanced CI

Includes social dynamics such as establishing rapport and reducing anxiety.

CI Effectiveness Metrics

Effectiveness: Meta-analyses show CI increases recall without increasing inaccuracies significantly. It facilitates more thorough, less biased retrieval.

Method Strategy Result Change
Standard Interview Baseline Recall N/A
Cognitive Multiple Retrieval Increased Recall +35%

Key Takeaways

Understanding these factors is crucial for legal professionals relying on eyewitness testimony in trials.

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Leading Questions & PED

Leading questions and PED can distort memory.
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Anxiety Effects

Anxiety can both impair and enhance eyewitness memory depending on intensity.
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Cognitive Interview (CI)

The cognitive interview is a valuable tool to enhance recall accuracy by using multiple retrieval strategies.
Eyewitness Testimony Flashcards
Term
Eyewitness Testimony (EWT)

What is eyewitness testimony (EWT)?

Answer
Definition

EWT is evidence given by someone who personally witnessed an event.

Term
Leading Questions Effect

How can leading questions affect eyewitness testimony?

Answer
Impact

They can bias recall or create false memories by suggesting a particular answer.

Term
Loftus and Palmer (1974)

What did Loftus and Palmer demonstrate about leading questions?

Answer
Finding

Different verbs (e.g., "smashed" vs. "hit") altered speed estimates and false recall of broken glass.

Term
Post-Event Discussion (PED)

What is post-event discussion?

Answer
Definition

When witnesses discuss the event after it occurs, potentially contaminating memories.

Term
Memory Conformity

What is memory conformity in relation to PED?

Answer
Explanation

When witnesses adopt others’ memories to fit in or because they believe those are more accurate.

Term
Gabbert et al. (2003)

What did Gabbert et al. find about PED?

Answer
Finding

71% of participants recalled details from their partner’s video after discussion, showing memory distortion.

Term
Anxiety and Accuracy

How does anxiety affect eyewitness accuracy?

Answer
Effect

Moderate anxiety can improve memory; very high or very low anxiety can impair it.

Term
Weapon Focus Effect

What is the weapon focus effect?

Answer
Explanation

Anxiety causes witnesses to focus on central details (e.g., a weapon), neglecting peripheral details.

Term
Inverted-U Hypothesis

What is the Inverted-U Hypothesis?

Answer
Definition

Memory accuracy is highest at moderate anxiety levels and decreases when anxiety is too low or too high.

Term
Cognitive Interview (CI)

What is the Cognitive Interview?

Answer
Definition

An interviewing technique that uses psychological principles to improve eyewitness recall.

Term
Four CI Techniques

Name four main techniques used in the Cognitive Interview.

Answer
Techniques

Report everything, reinstate context, reverse order, change perspective.

Term
Effectiveness of CI

How effective is the Cognitive Interview?

Answer
Effectiveness

Increases accurate recall by about 35% without significantly increasing errors.

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🌸 Eyewitness Testimony Quiz

1. Which of the following best describes a leading question?

Leading questions suggest a specific response and may alter the witness’s memory.

2. Loftus and Palmer (1974) found that participants asked with the verb “smashed” estimated:

The verb “smashed” increased estimated speeds and led to false memories of broken glass.

3. What is memory conformity?

Memory conformity happens when witnesses adopt others’ memories, leading to inaccuracies.

4. According to the Inverted-U Hypothesis, memory accuracy is highest when:

Moderate anxiety enhances memory; too much or too little reduces accuracy.

5. Which Cognitive Interview technique encourages witnesses to recall the event from a different angle?

Changing perspective helps access different memory cues by imagining the event from alternative viewpoints.

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