There are many different psychological theories that look at the reliability of the eyewitness; I had briefly looked over these by doing a spider diagram, on all of the different aspects that the police have to consider when interviewing the eyewitness, but I cannot seem to get the spider diagram to appear on the blog so I have had to list them instead: age; occupation; stress; discrimination; event factor: duration, violence; confidence of the eye witness; estimations; and mental state. As I cannot go over all of the theories in one blog, the theory that I have decided to look at is memories.
Memory is the process used by which we encode, store and retrieve information. It includes sensory memory, short-term memory and long-term memory. Bartlett discovered that eyewitnesses tend to rewrite history in some ways by trying to fit memories into existing systems the more difficult it is, the more likely it is that we will distort our memories in order to make them fit. This could be because there are three stages involved in the operation of memory;
- Input; sensory data is translated into a memory trace.
- Storage; this may be temporary or permanent.
- Output; memories are useless unless they can be retrieved through recall, recognition, reconstruction, reproduction and/or confabulation.
When the input of the memory goes through these three stages, the memories can become mixed up with other memories, or lost altogether, making the witnesses memories of the events useless. Meaning that the when the information is needed from the eyewitness in court there lack of memory skills can lead to the criminal not having enough information against them to be prosecuted.
Due to all of the factors that affect the eye witness’s memory of events the police had to think of a better way to interview them, and they chose the cognitive interview technique. The cognitive interview technique is used instead of the standard interview technique as it is believed to result in a thirty per cent improvement of the eyewitness’s recall of the events that they have witnesses, with no increase in the number of incorrect responses (Geiselman et al 1986).
The key assumptions of the cognitive approach are:
- Behaviour can largely be explained in terms of how the mind operates.
- The mind works in a manner, which is similar to a computer: inputting storing and retrieving information.
- Cognitive psychologists see psychology as a pure science.
The cognitive interview uses the following techniques to interview the eyewitnesses:
- Mental reinstating the context of the event, i.e. sounds, smells and feelings experienced during the event.
- Asking witnesses to recall the event in various orders or in reverse order.
- Asking witnesses to report absolutely everything, regardless of the perceived importance of the information.
- Recall the event from a variety of perspectives, e.g. imagine what the scene must have looked like from the point of view of several characters there at the time.
Each of these retrieval mnemonics allows the witness to re-view the event without the interference of leading questions but forces them to scrutinise their memory record. The technique aims to maximise the number of potential retrieval routes and to benefit from overlaps, hopefully triggering otherwise unrecalled details of the event. Whereas the standard interview technique is based on the leading questions which could lead the witness to give a false answer due to the way that the question was set out when asked.
After looking over just one of the factors that causes the eye witnesses memory of events to become mixed up with other memories, or lost altogether, it can be said that eye witness’s testimonies can be false, inaccurate and misleading. Meaning that an innocent person can be convicted due to mistaken identity and being in the wrong place at the wrong time (thank god for forensics). Even with the help of the cognitive interview, I do not believe that an eye witness’s testimony will be one hundred per cent accurate: leading to my conclusion that an eye witness testimony should only be used in court if it is backed up by other evidence: forensics; CCTV; other eye witness statements and so on.
Thank you for reading my blog, please comment on whether or not you believe that an eye witness testimony is reliable in court.
References
Bartlett (1932) cited in Applying psychology to crime. Hodder and Stoughton: London
Geiselman et al (1986) cited in Applying psychology to crime. Hodder and Stoughton: London