Better Witness Identification
The Wall Street Journal on Saturday April 14 reported on new research
regarding memory. Entitled When Memory Commits and Injustice, it reports
on research done by William Hirst of the New School and Elizabeth Phelps
of New York University who have been studying people's memory about the
tragedy of 9/11.
One interesting finding is that when a person is not given more than a
few moments to answer, the answer differs from the same person's given
more time to consider an answer. It appears that more time allows for
more embellishing.
This phenomenon is one of the root causes of criminal identification
errors that result in innocent person's being incarcerated. PBS did an
excellent documentary about the result of this error in What Jennifer
Saw
According to the study, police should ask for a quick response
when showing a witness a lineup. The authors believe this would
dramatically reduce the number of faulty identifications.
Re-training police departments to utilize this technique instead
of telling a witness to "take your time" would be a step in the
right direction.