Skip to main content icon/video/no-internet

The legal system relies heavily on the testimony of eyewitnesses at criminal and civil trials to establish facts about previous events. Because human perception and memory are fallible, scientific psychology has a longstanding interest in helping the legal system understand the conditions under which such testimony can be mistaken. Psychologists use theories of memory to articulate basic principles in how the mind acquires, stores, and retrieves information and to explain how problems at each of these levels can produce erroneous eyewitness accounts.

Writings on eyewitness psychology date back to the late 1800s in Europe. Hugo Munsterberg, often considered the father of applied psychology, popularized eyewitness psychology in the United States in the early 1900s. These early writings were mostly attempts to apply existing theories of perception and memory to courtroom testimony rather than systematic experiments directed at eyewitness situations. Beginning in the 1970s, scientific psychologists began to more programmatically conduct novel experiments to study eyewitness testimony by creating filmed or live staged events (e.g., mock crimes) for unsuspecting people. Eyewitness psychologists attempt to experimentally isolate variables that increase and decrease rates of eyewitness error. The accumulated hundreds of such experiments in the published literature now constitute a foundation for expert testimony in civil and criminal trials and provide a basis for advising the legal system regarding how to best collect and preserve eyewitness evidence. This entry briefly overviews several major domains of eyewitness literature, including event testimony, identification testimony, and eyewitness confidence.

Event Testimony

One domain of particularly important work, pioneered by psychologist Elizabeth Loftus in the mid-1970s, concerns postevent information. Postevent information is “information” (either true or false) that an eyewitness might acquire after the event that is incorporated into later testimony as though it was part of what the witness had originally seen. One common example of postevent information is a misleading question. For instance, after seeing a man walk in through a front door and shoot a store clerk, an eyewitness might be asked if the gunman who came in through the back door said anything before he shot the clerk. When later asked to describe the actions of the gunman, the witness is more likely to say that he came in through the back door than if that question had not been asked. The phenomenon of people incorporating postevent information into their recollections of earlier events contrasts sharply with the legal system's general presumption that although a person might forget details—and therefore would not report them later—their memory would not incorporate new details.

There remains some debate among psychologists regarding exactly how postevent information influences memory. The original memory could be actually replaced by the postevent detail, or it could be blended with the postevent detail, or an entirely new, separate memory could compete with the original memory for retrieval. There are experimental results consistent with each of these processes, and it is possible that any of the three can happen, depending on the circumstances. In any case, there are clear regularities to the conditions that increase and decrease the magnitude of postevent information effects. For instance, postevent information effects are more pronounced when the original memory is weak rather than strong. Hence, it tends to be easier to find postevent information influences on peripheral details of an event than on central details of an event. Likewise, postevent information effects tend to be stronger when the witnessed event was in the more distant past. Furthermore, postevent information is more likely to be incorporated into memory testimony when the postevent information is plausible rather than implausible.

...

  • Loading...
locked icon

Sign in to access this content

Get a 30 day FREE TRIAL

  • Watch videos from a variety of sources bringing classroom topics to life
  • Read modern, diverse business cases
  • Explore hundreds of books and reference titles

Sage Recommends

We found other relevant content for you on other Sage platforms.

Loading