Eyewitness confidence may not be ready for the courts: a reply to Wixted et al.

Wixted et al. (in press. Doing right by the eyewitness evidence: A response to Berkowitz et al. Memory) remind us that they are aware of some conditions in which confidence does not trump all but suggest that initial high-confidence errors should be rare. In this reply, we draw attention to new lab research that continues to cast doubt on the value of an initial eyewitness identification made with high confidence. Additional data from field studies of police lineups lead us to conclude that it is far too risky in real-world cases to assume that eyewitnesses who have high initial confidence are also highly accurate. As a final point, we dispute Wixted et al.'s interpretation of "initial low confidence" in the DNA exoneration cases.

Convicting with confidence? Why we should not over-rely on eyewitness confidence.

Eyewitness memory researchers have recently devoted considerable attention to eyewitness confidence. While there is strong consensus that courtroom confidence is problematic, we now recognise that an eyewitness's initial confidence in their first identification - in certain contexts - can be of value. A few psychological scientists, however, have confidently, but erroneously claimed that in real-world cases, eyewitness initial confidence is the most important indicator of eyewitness accuracy, trumping all other factors that might exist in a case. This claim accompanies an exaggeration of the role of eyewitnesses' "initial confidence" in the DNA exoneration cases. Still worse, overstated claims about the confidence-accuracy relationship, and eyewitness memory, have reached our top scientific journals, news articles, and criminal cases. To set the record straight, we review what we actually know and do not know about the "initial confidence" of eyewitnesses in the DNA exoneration cases. Further reasons for skepticism about the value of the confidence-accuracy relationship in real-world cases come from new analyses of a separate database, the National Registry of Exonerations. Finally, we review new research that reveals numerous conditions wherein eyewitnesses with high initial confidence end up being wrong.

Rethinking the Confident Eyewitness: A Reply to Wixted, Mickes, and Fisher.

In the current issue, Wixted, Mickes, and Fisher make the claim that eyewitness memory is not inherently unreliable. They also describe specific conditions under which an eyewitness's confidence can be a reliable indicator of accuracy in the context of both recall and recognition. We argue, however, that calculating the probative value of eyewitness evidence is more complicated than the authors acknowledge. In this commentary, we raise several concerns about the collection and assessment of eyewitness confidence in the real world. We also discuss how frequently the conditions specified by Wixted et al. are met in real cases. The potential for memory contamination is commonplace and can likely be outside the control of investigators. Moreover, there is reason to doubt that legal decision makers are sensitive to the myriad ways that eyewitness memory can be influenced. Because of this, we think eyewitness-memory scientists would do well to further research the intricacies of eyewitness confidence in the real world.

Sleep deprivation and false confessions.

False confession is a major contributor to the problem of wrongful convictions in the United States. Here, we provide direct evidence linking sleep deprivation and false confessions. In a procedure adapted from Kassin and Kiechel [(1996) Psychol Sci 7(3):125-128], participants completed computer tasks across multiple sessions and repeatedly received warnings that pressing the "Escape" key on their keyboard would cause the loss of study data. In their final session, participants either slept all night in laboratory bedrooms or remained awake all night. In the morning, all participants were asked to sign a statement, which summarized their activities in the laboratory and falsely alleged that they pressed the Escape key during an earlier session. After a single request, the odds of signing were 4.5 times higher for the sleep-deprived participants than for the rested participants. These findings have important implications and highlight the need for further research on factors affecting true and false confessions.

Public Attitudes on the Ethics of Deceptively Planting False Memories to Motivate Healthy Behavior.

Researchers have proposed that planting false memories could have positive behavioral consequences. The idea of deceptively planting 'beneficial' false memories outside of the laboratory raises important ethical questions, but how might the general public appraise this moral dilemma? In two studies, participants from the USA and UK read about a fictional 'false-memory therapy' that led people to adopt healthy behaviors. Participants then reported their attitudes toward the acceptability of this therapy, via scale-rating (both studies) and open-text (study 2) responses. The data revealed highly divergent responses to this contentious issue, ranging from abject horror to unqualified enthusiasm. Moreover, the responses shed light on conditions that participants believed would make the therapy less or more ethical. Whether or not deceptively planting memories outside the lab could ever be justifiable, these studies add valuable evidence to scientific and societal debates on neuroethics, whose relevance to memory science is increasingly acute.

Pluto behaving badly: false beliefs and their consequences.

We exposed college students to suggestive materials in order to lead them to believe that, as children, they had a negative experience at Disneyland involving the Pluto character. A sizable minority of subjects developed a false belief or memory that Pluto had uncomfortably licked their ear. Suggestions about a positive experience with Pluto led to even greater acceptance of a lovable ear-licking episode. False beliefs and memories had repercussions; those seduced by the bad suggestions were not willing to pay as much for a Pluto souvenir. These findings are among the first to demonstrate that false beliefs can have repercussions for people, meaning that they can influence their later thoughts, beliefs, and behaviors.

The Red Herring technique: a methodological response to the problem of demand characteristics.

In past research, we planted false memories for food related childhood events using a simple false feedback procedure. Some critics have worried that our findings may be due to demand characteristics. In the present studies, we developed a novel procedure designed to reduce the influence of demand characteristics by providing an alternate magnet for subjects' natural suspicions. We used two separate levels of deception. In addition to giving subjects a typical untrue rationale for the study (i.e., normal deceptive cover story), we built in strong indicators (the "Red Herring") that the study actually had another purpose. Later, we told subjects that we had deceived them, and asked what they believed the "real purpose" of the study was. We also interviewed a subset of subjects in depth in order to analyze their subjective experiences of the procedure and any relevant demand. Our Red Herring successfully tricked subjects, and left little worry that our false memory results were due to demand. This "double cross" technique may have widespread uses in psychological research that hopes to conceal its real hypotheses from experimental subjects.