People tend to pay attention to the weapon while a crime is being committed (a highly emotional situation). This can restrict a witness' awarenesses of the events leading up to and during a crime.

University of Michigan - Ann Arbor

Inattentional blindness is a psychological phenomenon where an individual fails to perceive a fully visible, yet unexpected, stimulus because their attention is engaged on a different task or object. This occurs because attentional resources are limited, and focusing on a primary task can effectively prevent other prominent stimuli in the visual field from being consciously processed.

Inattentional Blindness

Despite the known fragility of human memory, the legal system, including police, prosecutors, and courts, often depends heavily on eyewitness testimony for criminal prosecutions. This reliance is problematic because memory is a reconstructive process, making eyewitness accounts susceptible to errors that can lead to faulty identifications and, ultimately, wrongful convictions.

Eyewitness Testimony and its Unreliability

Goldstein, E. B. (2014). Cognitive psychology: Connecting mind, research and everyday experience. Nelson Education.


Cognitive psychology: Connecting mind, research and everyday experience

When a scene changes, it is difficult to detect the differences. When a cue is present it is easier to spot change

Change blindness

Weapons focus

CBP creates dissociations between action and outcome. For example, a CBP study showed faces to participants and asked them to choose the more attractive face, the participants were then shown the results of their choices but the faces they picked got slightly manipulated. The participants often did not notice the manipulation and blindly agreed with what they thought was their previous choice. 

Choice Blindness Paradigm (CBP)

A famous study by Daniel Simons and Christopher Chabris (1999) provides a powerful demonstration of inattentional blindness. In the experiment, participants were instructed to count the number of basketball passes made by a team in white shirts. While they were focused on this task, a person in a gorilla costume walked through the scene for nine seconds. Remarkably, nearly half of the participants failed to notice the gorilla, illustrating how intense focus on one activity can make people completely miss other, otherwise obvious, visual stimuli.

Example of Inattentional Blindness: The Invisible Gorilla Test (Simons & Chabris, 1999)

In an experiment by Most et al. (2000), participants' inattentional blindness was tested by having them observe a computer screen with numerous black and white shapes moving across it. They were instructed to focus on the shapes of one color while ignoring the other. During this task, a red cross passed across the screen. Despite its clear visibility, about one-third of the participants failed to notice the red cross, demonstrating how intense focus on a specific activity can prevent the perception of other unexpected stimuli.

Example of Inattentional Blindness: The Red Cross Experiment (Most et al., 2000)

When eyewitnesses receive confirmatory feedback after giving their testimony, their confidence in their understanding and recall of the events is increased. This is a problem because jurors make decisions based on the confident of witnesses, which can be overinflated due to confirmatory feedback regardless of the actual validity.

Post-identification feedback effect

An interview procedure developed by cognitive psychologists based on memory retrieval research and understanding. Allows the witness to talk with little to no interruptions. Uses techniques to try to simulate putting the witness back to the scene of the crime in order to recreate the events.

Cognitive Interview

Information presented after someone witnesses an event that is misleading and can potentially change their memory of that event. It is often problematic in criminal cases when witnesses are given MPI.

Misleading Postevent Information (MPI)

Eye-witness testimonies are likely to be flawed or unreliable if the witness is exposed to an inaccurate account of the crime, particularly if this account comes from another person in a social context. While discussing the crime with co-witnesses may help to improve one’s overall memory of the event, inaccurate information encountered during such an interaction is likely to lead to memory distortions.

The impact of socially encountered misinformation on eye-witness testimonies 

Though human memory is fragile, legal and investigative processes often depend on eyewitness testimony. This reliance is risky, as suggestive police identification procedures can cause eyewitnesses to make incorrect identifications, and such false testimonies can result in wrongful convictions. According to the Innocence Project's analysis of the first 239 DNA exonerations, eyewitness misidentification was a contributing factor in approximately 75% of these cases, establishing it as the leading cause.

Eyewitness Misidentification

Suggestibility is a memory distortion error where individuals accept and incorporate misinformation from external sources into their personal recollections. This process, which can be triggered by leading questions from sources like a therapist or a police interviewer, can lead to the creation of false memories for events or details that were only suggested, not actually experienced.

Suggestibility

An analysis of the first 239 DNA exoneration cases by the Innocence Project identified several common causes of wrongful convictions. Eyewitness misidentification was the most frequent factor, contributing to about 75% of cases. Other significant causes included flawed forensic science (about 49%), false confessions (about 23%), and unreliable informant testimony (about 18%).

Common Causes of Wrongful Conviction in DNA Exoneration Cases

The Innocence Project is a non-profit organization dedicated to exonerating individuals who have been wrongly convicted of crimes. A significant focus of its work is on cases where convictions were based on flawed eyewitness testimony.

The Innocence Project

The investigation into Elizabeth Smart's abduction illustrates the benefits of careful eyewitness management. The sole eyewitness, her nine-year-old sister Mary Katherine, was handled with caution by the FBI and police. To avoid implanting false memories or misleading her, they refrained from using standard procedures like police line-ups or pushing for a composite sketch. This preservation of her memory proved crucial when, months later, she recalled the abductor's voice from a prior encounter, leading to his identification and Elizabeth's safe return.

The Elizabeth Smart Case: An Example of Cautious Eyewitness Procedures

Within the legal system, judges can implement safeguards to address the potential unreliability of eyewitness testimony. These measures include instructing the jury about the possibility of misidentification and having the authority to suppress testimony that is deemed untrustworthy.

Judicial Safeguards for Eyewitness Testimony

From a psychological perspective, analyze why this eyewitness's testimony might be unreliable, despite their high level of confidence. Explain the underlying principles of memory that support your analysis.

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