Eyewitness evidence is more reliable than has been thought

THE “SATANIC PANIC” that swept via America within the Nineteen Eighties and Nineteen Nineties held that hundreds of odd folks up and down the nation have been secretly members of devil-worshipping cults which have been abusing, raping and murdering kids on an industrial scale. Alleged victims made detailed allegations, typically after remedy designed to “get well” recollections that had supposedly been buried within the aftermath of trauma. Many individuals went to jail. None of it was true.

One after-effect of the panic was to cement within the minds of each the general public and the justice system the concept eyewitness testimony is unreliable. That fitted with experiments by psychologists comparable to Elizabeth Loftus, which demonstrated simply how malleable recollections may be. The Innocence Undertaking, an American charity, examined 375 circumstances of wrongful conviction for all kinds of crimes, and located misidentification of suspects by witnesses was a consider round 70% of them.

However on the annual assembly of the American Affiliation for the Development of Science, John Wixted, a psychologist on the College of California, San Diego, argued that this institutional mistrust has gone too far. Eyewitness recollections, he mentioned, can in actual fact be very dependable—if they're examined in the fitting circumstances.

The important thing to reliability, mentioned Dr Wixted, is the boldness of witnesses of their assessments. Experiments recommend that when witnesses to a simulated crime are assured of getting recognized the suspect in a later photograph line-up, they're virtually all the time right. Equally, if they're certain the suspect is just not current, that's prone to be proper too. Solely when a witness is not sure does a threat of misidentification come up. A discipline research performed in 2016 by Houston’s police got here to comparable conclusions.

The issue is that this confidence is reliable solely the primary time the query is requested. One of many unavoidable frustrations of quantum mechanics is that measuring a particle’s place or vitality irretrievably alters it. One thing comparable, mentioned Dr Wixted, occurs with recollections. The very act of testing them contaminates each different check that comes after. Assessing folks’s faces for a doable match, for instance, lodges them in a witness’s reminiscence. As soon as that has occurred, something from police encouragement to the high-pressure setting of a courtroom can twist subsequent makes an attempt at recollection.

Dr Wixted drew a comparability with proof comparable to DNA samples. Improper dealing with can contaminate these. That doesn't imply DNA checks are inherently unreliable, nevertheless it does imply the know-how have to be used fastidiously. The identical, he says, is true of witnesses. The reply, as he and Dr Loftus argue in a not too long ago revealed paper, is to check a witness’s reminiscence as pretty as doable, and—crucially—to take action solely as soon as.

Many years after the Satanic panic, the matter stays vital. Dr Wixted cited the case of Charles Don Flores, a prisoner awaiting execution for a homicide dedicated in 1998. Initially, when proven a line-up that included Mr Flores, a vital witness mentioned not one of the folks matched her recollection. (She had recalled a white man with lengthy hair. Mr Flores is of Latin American extraction, and had brief hair.) By the point the case got here to trial a 12 months later, she had modified her thoughts, and Mr Flores was convicted. His attraction on the idea of the witness’s change of thoughts has been denied. Dr Wixted, nevertheless, suggests she was prone to have been proper the primary time and unsuitable the second.

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