Mugshot Exposure Effects: Retroactive Interference, Mugshot Commitment, Source Confusion, and Unconscious Transference

More than 25 years of research has accumulated concerning the possible biasing effects of mugshot exposure to eyewitnesses. Two separate metaanalyses were conducted on 32 independent tests of the hypothesis that prior mugshot exposure decreases witness accuracy at a subsequent lineup. Mugshot exposure both significantly decreased proportion correct and increased the false alarm rate, the effect being greater on false alarms. A mugshot commitment effect, arising from the identification of someone in a mugshot, was a substantial moderator of both these effects. Simple retroactive interference, where the target person is not included among mugshots and no one in a mugshot is present in the subsequent lineup, did not significantly impair target identification. A third metaanalysis was conducted on 19 independent tests of the hypothesis that failure of memory for facial source or context results in transference errors. The effect size was more than twice as large for “transference” studies involving mugshot exposure in proximate temporal context with the target than for “bystander” studies with no subsequent mugshot exposure

Why Criminal Defendants Cooperate: The Defense Attorney\u27s Perspective

Cooperation is at the heart of most complex federal criminal cases, with profound ramifications for who can be brought to justice and for the fate of those who decide to cooperate. But despite the significance of cooperation, scholars have yet to explore exactly how individuals confronted with the decision whether to pursue cooperation with prosecutors make that choice. This Article—the first empirical study of the defense experience of cooperation—begins to address that gap. The Article reports the results of a survey completed by 146 criminal defense attorneys in three federal districts: the Southern District of New York, the Eastern District of Virginia, and the Eastern District of Pennsylvania. Our study provides an entirely new and enriching perspective on the cooperation decision, building on prior theories from the cooperation and plea-bargaining literature, and providing for a more nuanced understanding of cooperation and its motivations. In several closed- and open-ended responses, attorneys shared their opinions—at times remarkably consistent, at times strikingly and informatively different—about cooperation practices in their respective districts. The results of this study can be used to further explore the theoretical foundations of cooperation and plea bargaining and can be used to build experimental studies to test causal relationships that are otherwise nearly impossible to determine

A Meta-Analytic Review of the Effects of High Stress on Eyewitness Memory

In the past 30 years researchers have examined the impact of heightened stress on the fidelity of eyewitness memory. Meta-analyses were conducted on 27 independent tests of the effects of heightened stress on eyewitness identification of the perpetrator or target person and separately on 36 tests of eyewitness recall of details associated with the crime. There was considerable support for the hypothesis that high levels of stress negatively impact both types of eyewitness memory. Meta-analytic Z-scores, whether unweighted or weighted by sample size, ranged from -5.40 to -6.44 (high stress condition–low stress condition). The overall effect sizes were -.31 for both proportion of correct identifications and accuracy of eyewitness recall. Effect sizes were notably larger for target-present than for target-absent lineups, for eyewitness identification studies than for face recognition studies and for eyewitness studies employing a staged crime than for eyewitness studies employing other means to induce stress

A Meta-Analytic Review of the Effects of High Stress on Eyewitness Memory

In the past 30 years researchers have examined the impact of heightened stress on the fidelity of eyewitness memory. Meta-analyses were conducted on 27 independent tests of the effects of heightened stress on eyewitness identification of the perpetrator or target person and separately on 36 tests of eyewitness recall of details associated with the crime. There was considerable support for the hypothesis that high levels of stress negatively impact both types of eyewitness memory. Meta-analytic Z-scores, whether unweighted or weighted by sample size, ranged from -5.40 to -6.44 (high stress condition–low stress condition). The overall effect sizes were -.31 for both proportion of correct identifications and accuracy of eyewitness recall. Effect sizes were notably larger for target-present than for target-absent lineups, for eyewitness identification studies than for face recognition studies and for eyewitness studies employing a staged crime than for eyewitness studies employing other means to induce stress