CO-WITNESSES AND THE EFFECTS OF
DISCUSSION ON EYEWITNESS MEMORY
Helen M. Paterson
A thesis submitted in fulfilment
of the requirements for the degree of
Doctor of Philosophy
School of Psychology University of New South Wales
December 15, 2004
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Abstract The research presented in this thesis was designed to investigate the effects of co-witness information on the accuracy and completeness of eyewitness memory. Co-witness information is defined as information that one eyewitness conveys to another about an event that they both observed. Very little research has focused on co-witness discussion, so the first two studies surveyed real eyewitnesses and police officers to determine how often witnesses discuss the event with one another. The results from these surveys suggested that co-witnesses commonly talk about the event with each other and this outcome provided a clear justification for studying the effects of co-witness discussion on memory. Previous research on co-witness discussion has reached inconsistent conclusions, and the possibility exists that these discrepancies are due to methodological differences. Therefore, this research aimed to determine whether co-witness discussion helps or hinders individual recall, and to investigate this within a closely defined methodological set. In a series of five experiments, participants were shown a crime video and then asked to discuss the video in groups (some of which received experimentally induced misinformation from a co- witness). Following the discussion, participants were asked to give their individual accounts of what happened. These experiments showed that exposure to postevent information from a co-witness can cause people to incorporate this information into their individual testimonies, regardless of the accuracy of the information. This phenomenon has become known as ‘memory conformity.’ Relevant theories were tested in order to contribute to knowledge regarding the causes of memory conformity. Furthermore, the experiments also aimed to establish whether it is possible to mediate any negative effects of co-witness discussion by employing our theoretical understanding of the causes of memory conformity. Five approaches were utilized in an attempt to reduce the negative effects of co-witness discussion: warnings about possible misinformation, source monitoring, free recall, confidence ratings, and ‘remember/know judgments’ (Tulving, 1985). Some evidence was found to suggest that when using ‘remember/know judgments’ it may be possible to distinguish ‘real’ memories from information obtained from a co-witness. These results are discussed in terms of theoretical and practical implications.
Discussion and eyewitness memory ii
Table of Contents
ABSTRACT I TABLE OF CONTENTS II ACKNOWLEDGEMENTS IV OVERVIEW OF THESIS V
SECTION 1: LITERATURE REVIEW 1
CHAPTER 1 2 LITERATURE REVIEW OF RELEVANT RESEARCH 2 DIRECT TRANSFER OF CO-WITNESS INFORMATION 5 INDIRECT TRANSFER OF CO-WITNESS INFORMATION 23 SUMMARY OF CHAPTER 1 26 CHAPTER 2 28 THEORETICAL EXPLANATIONS OF MEMORY CONFORMITY 28 WHY DOES MEMORY CONFORMITY OCCUR? 28 EVALUATING THE THEORIES OF MEMORY CONFORMITY 42 FACTORS THAT INFLUENCE CONFORMITY 50 SUMMARY OF CHAPTER 2 55
SECTION 2: SURVEY STUDIES 56
CHAPTER 3 57 STUDY 1: WITNESSES TALK 57 METHOD 59 RESULTS 61 DISCUSSION 68 CHAPTER 4 72 STUDY 2: THE LEGAL PERSPECTIVE 72 METHOD 74 RESULTS 77 DISCUSSION 89
SECTION 3: EXPERIMENTAL STUDIES 95
CHAPTER 5 97 STUDY 3: CO-WITNESS CONTAMINATION 97 METHOD 101 RESULTS 105 DISCUSSION 115 CHAPTER 6 121 Discussion and eyewitness memory iii
STUDY 4: WAYS OF ENCOUNTERING POSTEVENT INFORMATION 121 METHOD 127 RESULTS 132 DISCUSSION 150 CHAPTER 7 159 STUDY 5: UNINTENTIONAL HEARSAY 159 METHOD 166 RESULTS 174 DISCUSSION 190 CHAPTER 8 197 STUDY 6: SOURCE MONITORING 197 METHOD 199 RESULTS 201 DISCUSSION 213 CHAPTER 9 218 STUDY 7: EYEWITNESS INTERVIEW 218 METHOD 222 RESULTS 228 DISCUSSION 234
SECTION 4: GENERAL DISCUSSION 239
CHAPTER 10 240 GENERAL DISCUSSION 240 OVERVIEW AND SUMMARY OF SIGNIFICANT FINDINGS 240 IMPLICATIONS OF THE RESEARCH 252 LIMITATIONS OF THE RESEARCH AND FUTURE DIRECTIONS 257 CONCLUSION 261
REFERENCES 263
APPENDICES 279
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Acknowledgements
To my supervisor, Richard Kemp, for being such a wonderful mentor and friend. I couldn’t have asked for a better supervisor. You gave me support and positive feedback when you knew I needed it and constructive criticism when it was deserved. In addition to learning a great deal from you, I have enjoyed our ‘important’ lab meetings in donut factories, caves and aboard sailboats!
I would like to thank Peter Lovibond and the psychology department at UNSW for providing a positive and enriching environment in which to work. I am thankful to Jane Goodman-Delahunty and Kevin McConkey for their reviews of my thesis proposal and mid-candidature report. I appreciate the time and effort they put into my reviews and I am grateful for their suggestions. I would like to give a special thanks to Kevin McConkey for giving me advice on my funding. I am also grateful to my initial supervisor, Joseph Forgas, for helping me devise ideas for my thesis and design Study 3.
I would also like to thank the volunteers who helped with my research. In particular, I would like to thank the police officers who completed my survey, the students who volunteered for my studies, the ‘actors’ who starred in my ‘uber-crap’ crime videos, and Denis Beaubois for producing the videos. Furthermore, I would like to acknowledge the labbies who helped run my experiments, code data, and assist with data entry. I would like to give a special thanks to Joanne Bower and Alice Walsh for proofreading my thesis.
To my parents. Thank you for being so supportive of my decision to travel and study abroad in Australia.
To Rachel, Linda, and Deborah who were (apart from being great friends) people with whom I could talk about my thesis and enjoy post-grad coffees.
And finally, to my good friends…without you, I would have finished my PhD earlier, but I wouldn’t have had so much fun. Thanks for the constant distractions! ☺ Discussion and eyewitness memory v
Overview of Thesis
The present research was designed to investigate the effects of co-witness information on the accuracy and completeness of eyewitness memory. Co-witness information is defined as "information that one eyewitness might pass to another eyewitness regarding an event that they both observed," (Luus & Wells, 1994, p. 714). Whereas the legal system assumes that the testimony given by eyewitnesses should be independent of one another (Levine & Tapp, 1973), this is frequently not the case. “Discussion among victims or witnesses to a crime is difficult, if not impossible to prevent” (Yarmey, 1992, p. 252). Crimes are often ‘remarkable’ in the sense of the event's uniqueness and also in the sense that witnesses repeatedly ‘remark’ on the event to others (Yuille & Daylen, 1998). Because eyewitness information is often conveyed from one witness to another through discussion, it is important to ascertain the effects of co-witness information on the validity of eyewitness testimony. To address this aim, seven studies were conducted as part of a four-phase approach, with each phase designed to inform the next. This thesis was divided into four sections, each describing one phase of the research program.
Section 1: Literature Review Section 1 involved a thorough review of the scientific literature regarding the effects of co-witness information on memory. The literature review was divided into two main sections, which focused on: (1) experimental methodologies employed to investigate the effects of discussion on memory and (2) theoretical explanations of the findings. This literature review informed the design of studies conducted in the subsequent phases of this research program.
Section 2: Surveys The aim of Section 2 was to determine how common co-witness discussion is and to investigate the opinions held by legal authorities regarding discussion between witnesses. To examine these issues, two survey studies were conducted: one of real eyewitnesses and Discussion and eyewitness memory vi
the other of police officers. The outcome of Section 2 provided a clear justification for the subsequent experimental study of co-witness discussion.
Section 3: Experimental Studies The aim of Section 3 was to determine whether co-witness discussion helps or hinders individual recall and to investigate this within a closely defined methodological set. Previous research on eyewitness discussion has reached inconsistent conclusions, and the possibility exists that these discrepancies are due to methodological differences. In Section 3, experiments are described which examined these different methodologies and investigated the impact of co-witness discussion on eyewitness memory. A final aim of Section 3 was to investigate the effects of co-witness discussion within a theoretical framework. Relevant theories were tested in order to contribute to knowledge regarding the causes of memory conformity. Furthermore, these experiments aimed to establish whether it is possible to mediate any negative effects of co-witness discussion by employing our theoretical understanding and empirical outcomes.
Section 4: General Discussion The aim of Section 4 was to summarise significant findings from the research presented in this thesis and describe how the findings contribute to our understanding of the effects of co-witness discussion on memory. Practical and methodological implications of the research are also described in the section. Finally, limitations of the research, as well as possible future directions for the research, are discussed.
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SECTION 1: LITERATURE REVIEW
Section 1 Aims
• To describe and evaluate different methodologies that have been used to investigate the effects of discussion on memory.
• To describe and evaluate different theories that have been used to explain the effects of co-witness discussion on memory.
Section 1 involves a thorough review of the scientific literature concerning the effects of co-witness information on memory. The literature review is divided into two chapters. Chapter 1 describes different methodologies that have been used to investigate the effects of group discussion on memory. In particular, Chapter 1 summarises the relevant research, highlighting inconsistent findings in the literature and areas requiring further investigation. Chapter 2 reviews existing social and cognitive theories that may be used to explain the effects of co-witness discussion on memory. 2
Chapter 1 Literature Review of Relevant Research
Approximately 77,000 individuals are arrested in the United States each year based primarily on eyewitness testimony (Goldstein, Chance, & Schneller, 1989). Eyewitness testimony is commonly used as evidence in courts of law and is also one of the most persuasive forms of evidence for juries (Wells, Lindsay, & Ferguson, 1979; Wells et al., 1998). Given the pivotal role that eyewitness testimony plays in some trials, it is important to establish whether or not the jury’s faith in this testimony is warranted. Many social scientists argue that eyewitness memory is not as trustworthy as the layperson may believe. One study has shown that eyewitness errors are the most common cause of false convictions (Huff, Rattner, & Sagarin, 1996). Almost all innocent individuals exonerated by DNA evidence had been convicted primarily as a result of erroneous eyewitness evidence (Wells et al., 1998). Consequently, a great deal of research has focused on the unreliability of eyewitness testimony. In a series of influential studies, Loftus (e.g., 1975, 1977, 1979a, 1992) has shown that exposure to incorrect information about an event after it has occurred (i.e., postevent misinformation) often causes people to incorporate this misinformation into their memories. This phenomenon has become known as the misinformation effect and there is extensive laboratory evidence for its existence (e.g., Belli, 1989; Ceci, Ross, & Toglia, 1987; Lindsay, 1990; Loftus & Greene, 1980; Loftus, Miller, & Burns, 1978; Tversky & Tuchin, 1989). Wright and Davies (1999) suggest that for a witness to a real crime, there are three ways in which postevent misinformation may be encountered: (a) being asked questions about the event by police officers, lawyers, friends, or others, (b) media coverage of the event (e.g., reading about the event in the newspaper), and (c) through co-witness information. A great deal of research has focused on the first of these situations: the effect of questions containing misleading information (e.g., Loftus, Miller, & Burns, 1978; Loftus & Palmer, 1974; Loftus & Zanni, 1975). For example, in one study, participants saw pictures of an accident, showing a stop sign at an intersection (Loftus, 1978). Half of the Chapter 1: Literature Review 3
participants were subsequently asked a leading question which suggested that there was a yield (give way) sign at the intersection, while the other half were not presented with such misinformation. When participants were later tested on their memories for the event, those exposed to the false information were more likely to report that the yield sign was, in fact, part of the original accident scene than those who had not received the misleading information. The second way that postevent misinformation may be encountered is through media reports. One study investigated this phenomenon by showing participants pictures of a shoplifting incident (Wright & Stroud, 1998). The participants then read a brief summary of the crime, which included some incorrect details. Just as the participants in the Loftus (1978) study incorporated the misleading details into their memories for the event, participants in this study incorporated the incorrect details from the summary into their memories of the incident. Other research using postevent narratives has found similar findings (e.g., Allen & Lindsay, 1998; Belli, Lindsay, Gales & McCarthy, 1994; Searcy, Bartlett, & Memon, 2000; Shaw, Garcia, & Robles, 1997; Sporer, 1995). The current thesis examines the third way that postevent misinformation may be encountered: through other witnesses. This area has been surprisingly neglected until recently, as the majority of the literature on eyewitness memory has focused on the effect of questions and media reports containing misleading information. Co-witness information is defined as "information that one eyewitness might pass to another eyewitness regarding an event that they both observed," (Luus & Wells, 1994, p. 714). There are various ways in which co-witness information may be passed from one eyewitness to another. Co-witness information may be transferred in ‘direct’ conversation between witnesses or ‘indirectly’ through a third party, such as a police officer, who informs one witness about the evidence given by another (Luus & Wells, 1994). Furthermore, there are two ways in which direct conversation between witnesses may lead to the transfer of co-witness information (e.g., Yarmey, 1992). Witnesses may either discuss the event prior to giving individual statements, or they may collaborate to provide a joint statement (see Figure 1.1 for an illustration of the types of co-witness information).
Chapter 1: Literature Review 4
Co-Witnesses Information