NCJ Number
13492
Journal
University of Pennsylvania Law Review Volume: 121 Issue: 5 Dated: (MAY 1973) Pages: 1079-1131
Date Published
1973
Length
53 pages
Annotation
REVIEW OF THE PSYCHOLOGICAL DIMENSIONS OF EYEWITNESS IDENTIFICATION AT LINE-UPS STRESSING THE DANGERS FROM FALLIBLE SENSE PERCEPTION AND MEMORY AND FROM SUGGESTIVE INFLUENCE.
Abstract
IN THE 1967 CASE OF U.S. V. WADE, THE SUPREME COURT DEEMED LINE-UPS A 'CRITICAL STAGE' IN CRIMINAL PROCEEDINGS DURING WHICH THE RIGHT TO COUNSEL WAS PRESENT. HOWEVER, THE 1972 DECISION OF KIRBY V. ILLINOIS FURTHER DEFINED 'CRITICAL STAGE' AND LIMITED THE RIGHT TO COUNSEL TO POST-INDICTMENT LINE-UPS. THUS, THE PROBLEMS INHERENT IN IDENTIFICATION ERROR ARE STILL PRESENT AND CAN INTRODUCE ERRORS INTO THE CRIMINAL JUSTICE SYSTEM. THIS REVIEW OF THE PSYCHOLOGICAL DIMENSIONS OF EYEWITNESS IDENTIFICATION SHOWS THAT THE DANGERS FROM FALLIBLE SENSE PERCEPTION AND MEMORY AND FROM SUGGESTIVE INFLUENCE ARE OVERWHELMING. PERCEPTION AND MEMORY ARE CONSTRUCTIVE RATHER THAN REPRODUCTIVE PROCESSES. THEY DEPEND TO A GREAT EXTENT UPON WHAT IS ALREADY IN THE MIND OF THE INDIVIDUAL. THE MIND IS NOT A MIRROR WHICH REFLECTS THE EXTERNAL WORLD, BUT AN ORGANISM WITH ITS OWN NEEDS, VALUES AND CAPACITIES - ITS OWN VISION OF 'REALITY' THROUGH WHICH THE OUTSIDE WORLD IS INTERPRETED. THIS VIEW OF THE HUMAN MIND PROVIDES AT LEAST A PARTIAL EXPLANATION FOR THE WEALTH OF EVIDENCE ON THE FALLIBILITY OF PERCEPTION AND MEMORY. WE KNOW, FURTHER, THAT IN SOME CASES VERY LITTLE CAN BE DONE TO IMPROVE THIS PROCESS. THE AUTHORS UNDERTAKE TO ASSESS WHEN THIS PREPOTENT CAUSE OF ERRONEOUS IDENTIFICATION CANNOT BE ELIMINATED, SO THAT THE LEGAL SYSTEM MAY BE ADEQUATELY INFORMED. THEY ALSO DISCUSS SOME OF THE SOCIAL PSYCHOLOGICAL DYNAMICS OF THE CRIMINAL IDENTIFICATION PROCESS AND THE COMPLEXITY OF THEIR EFFECTS. FINALLY, THEY LOOK AT THE MULTITUDE OF POSSIBLE SUGGESTIVE AND BIASING INFLUENCES AT LINEUPS, SEARCHING FOR AND POINTING OUT WAYS OF POTENTIAL CONTROL. (AUTHOR ABSTRACT)