MEMORY & LAW

MEMORY & LAW

1. EYE-WITNESS

   • THEORIES
     • TULVING - Encoding specificity = more accurate recall if cues at recall match cues at encoding
     • IAC face recognition model - BRUCE & YOUNG (2 stages)
       • 1) view or pictorial centred
         • 2) expression or structural dependent
       • initial view of face leads to pictorial description - elements specific to that moment
         • takes time to build up structural features
   • LINE-UPS (simultaneous/sequential)
     • STEBLAY et al - meta analysis showed sequential superiority effect
       • but splitting exps target not/present showed sequential better for absent, simultaneous for target present
         • different methodologies could account for some of the differences
     • Decision making
       • Relative decision (simultaneous) - compares each person to their memory
         • Can lead to wrong id as judging most like. Expectations can influence
       • Absolute (sequential) - can't compare to each other.
         • Expectations reduced
     • Video
       • Currently recommended as first choice
       • VALENTINE & HEATON - VIPER data showed fairer and less biased
       • HAVARD & MEMON - Older adults poorer in target absent line ups 70% misidentification
         • Own age effect for younger adults (supports facial recognition research)
       • HAVARD et al - young adults & VIPER reduced wrong id's
   • WELLS
     • estimator variables
       • Can't control but does impact on accuracy eg distance, stress
     • system variables
       • Directly controlled - procedural aspects
         • suspect bias - composition of line up
         • general impairment - own race/age bias (less accurate)

2. MISINFORMATION EFFECT

   • SOURCE MONITORING - when people can't decipher where info comes from
     • JOHNSON et al -
       • Reality monitoring - internal/external acquired info
       • External - between external sources
       • Internal - between internally generated sources
     • Intact memory but impaired ability to source could lead to false account
     • SPIRO - memory distortion most likely inconsistencies between sources
   • LOFTUS et al - no discrimination between original and planted info
   • COGNITIVE EXPLANATIONS -
     • LOFTUS et al - misleading info displaces/transforms original memory
       • assumes memory stored as whole & accurately recalled otherwise
     • McCLOSKEY & ZARAGOZA - no effect on original, biased response
     • CHANDLER et al - no evidence of permanent altering
   • INFLUENCES
     • Increased delay between event & false info = larger effect
     • People who mistrust own memories
   • LOFUS & PICKERING - implanting false memories (lost)
   • RECONSTRUCTIVE MEMORIES
     • Don't retrieve as a whole
     • Scripts - sequence of events & Schemas - knowledge structures
       • schematic structures used to fill in blanks
         • All schemas relating to interpretation activated
           • SPIRO - misleading info activating schemas for false info
   • SOCIAL CONTEXT
     • ECHTERHOFF et al - effect weakened when credibility queried
       • Questions cog of memory distortion
     • MEMORY CONFORMITY - gained through another witness
       • GABBART et al - confederate/text info reduced accuracy. Confed greater influence
       • PATTERSON & KEMP - co-witness have stronger effect than text/pics
       • PATTERSON - not reduced after warning
       • GARRY et al - parts conformed, 85% reported misinfo
         • WRIGHT et al - possibly larger when info not refuted (unremembered items)
     • How much retold/recalled - audience & goal

3. CHILDREN AS WITNESSES

   • Accurate recall<adults
   • Developmentally diff types of memory
   • BRAINERD & REYNA - Fuzzy trace model. Multiple memory traces, verbatim - gist. Gist more enduring
     • GORDON et al - pre-schoolers verbatim, older = gist
   • MYLES-WORSLEY et al - combination of actual and prior knowledge
   • GORDON et al - stereotyping impact eg bad man
   • BOTTOMS - Older ch influenced more by social & emotional demands

4. WAYS PSYCHOLOGY HAS INFLUENCED PROCESS

   • PACE guidelines - how to conduct line ups to reduce system variables (suspect bias)
   • Cognitive interview - based on TULVING
     • DANDO - sketch of scene quicker, as effective

5. STRESS

   • YERKES-DODSON LAW (optimal level of stress for peak performance)
     • CHRISTIANSON - suggests little evidence to support
     • Level differs for each person
       • MORGAN et al - Military stress. Sequential photos more accurate but fairly equal in high and low stress conditions
   • DEFFENBACHER - meta-analysis showed stress had an overall negative effect 3x more in ecologically valid studies
   • VALENTINE & MESOUT - London dungeon study. Higher anxiety, reduced id

6. DECISION MAKING

   • PENNINGTON & HASTIE 3 stage model
     • Active, interpretative: evaluate evidence, create stories - pre-existing knowledge & expectations
       • Generate theories on type of legal decision that can be made
         • Match 'best' story to appropriate verdict
   • SMITH - pre-existing knowledge crime categories (prototypical knowledge) Don't match to legally defining features. Pre-existing favoured over Judges instructions