Improving juror sensitivity to specific eyewitness factors: judicial instructions fail the test.

A recent New Jersey Supreme Court decision recognized the difficulty jurors have with evaluating eyewitness evidence. This decision resulted in the development of instructions that highlight factors affecting identification accuracy. Research has explored the efficacy of eyewitness instructions for improving jurors' decision-making. Jurors in these studies are typically presented with identifications that manipulate multiple witnessing and identification conditions simultaneously, making it difficult to ascertain whether instructions help jurors evaluate any one eyewitness factor. We conducted two experiments to examine how jurors evaluate eight individual eyewitness factors with and without instructions. Across both experiments, none of the individual eyewitness factors nor instructions influenced jurors. Instructions only assisted jurors when multiple eyewitness factors were collapsed to create either extremely good or poor-quality identifications. These findings contribute to the long history of jurors remaining largely insensitive to the nuances of witnessing and identification conditions. Current safeguards may only assist jurors under limited circumstances.

Does filler database size influence identification accuracy?

Police departments increasingly use large photo databases to select lineup fillers using facial recognition software, but this technological shift's implications have been largely unexplored in eyewitness research. Database use, particularly if coupled with facial matching software, could enable lineup constructors to increase filler-suspect similarity and thus enhance eyewitness accuracy (Fitzgerald, Oriet, Price, & Charman, 2013). However, with a large pool of potential fillers, such technologies might theoretically produce lineup fillers too similar to the suspect (Fitzgerald, Oriet, & Price, 2015; Luus & Wells, 1991; Wells, Rydell, & Seelau, 1993). This research proposes a new factor-filler database size-as a lineup feature affecting eyewitness accuracy. In a facial recognition experiment, we select lineup fillers in a legally realistic manner using facial matching software applied to filler databases of 5,000, 25,000, and 125,000 photos, and find that larger databases are associated with a higher objective similarity rating between suspects and fillers and lower overall identification accuracy. In target present lineups, witnesses viewing lineups created from the larger databases were less likely to make correct identifications and more likely to select known innocent fillers. When the target was absent, database size was associated with a lower rate of correct rejections and a higher rate of filler identifications. Higher algorithmic similarity ratings were also associated with decreases in eyewitness identification accuracy. The results suggest that using facial matching software to select fillers from large photograph databases may reduce identification accuracy, and provides support for filler database size as a meaningful system variable. (PsycINFO Database Record

Prejudice and terror management at trial: Effects of defendant race/ethnicity and mortality salience on mock-jurors' verdict judgments.

Following a mortality salience or control prime, Black, Hispanic, and White college students read a murder/carjacking or auto theft trial transcript in which the defendant belonged to their racial/ethnic group or one of the others. Black and Hispanic, but not White, mock-jurors discriminated, more frequently judging outgroup defendants guilty. Mortality salience affected judgments about outgroup, but not ingroup, defendants, heightening perceptions of guilt in the murder case and decreasing guilty verdict preferences in the theft case. Mortality salience may compel derogation of outgroup defendants who threaten the cultural worldview, but not of less threatening ingroup defendants. The effect, however, seems restricted to crimes like murder that can sustain death-related anxiety.