PSY 545 - Milestone Three

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PSY 545 – Module Six Milestone Three – Ethics and Diversity Sue Ann Staton September 5, 2021 Dr. C. Del’Anno

Role of Ethics Eyewitness testimony is the only potential evidence in this case, and the role of the forensic psychologist is enormous in determining the efficacy of these accounts to help solve this horrific murder. It is critical that upon taking this case, the psychologist determines the objectivity and confidence level of each potential eyewitness. The ideal witness for the prosecution is one that exhibits objectivity and a high confidence level of the facts. The psychologist must probe into the witnesses' mind to obtain accurate, non-conflicting identifiers or new information that is locked in the memory (Wells, 1978). Numerous ethical considerations come into play, and it is crucial that cognitive interviews and ethical line-up procedures are implemented. Eyewitness testimony can be invaluable when presented to a jury, but the witnesses must be prepared with ethics and professionalism, whether hired by the prosecution or the defense. The 5 guiding principles as well as the 10 standards under the APA Code of Ethics must be adhered to during the process of qualifying these potential eyewitnesses (APA, 2017). The first principal, “Beneficence and Nonmaleficence”, simply ensures that the forensic psychologist will pursue these cognitive interviews without prejudice and bias. The witnesses’ personal lives may have been impacted by this event, and the suspect’s future must be ethically considered as well. It is critical that the accuracy and completeness of the testimony be obtained by ethical means. “Fidelity and Responsibility” overlap in some ways, but further ensure conscientiousness in taking on the duties of spotting misconduct in the interrogations or the identifying procedures. For decades, the police and the prosecution have conducted interviews that contain leading questions, fabricated evidence and other trickery. “Integrity” is most certainly a staple for the forensic psychologist while conducting a cognitive interview. Everyone involved is entitled to “Justice” which is another key principle in the APA Code of Ethics. This

includes truth and justice for all: the potential eyewitnesses, the suspects, the prosecution, the police, the defense team and the families. Lineups are one of the key areas that must be monitored by a psychologist, with the utmost ethical standards in mind. Due to cost effectiveness, most line ups are currently done with photographs. The suspect's photo is shown along with a series of “fillers”, which are individuals known to be innocent, but resembling the given description. It is also important to note that the suspect may or may not even be included in the lineup (Wells, 1978). The witness must be informed that the individual may or may not be in the lineup, or they will feel obligated to select someone remotely similar. Police have been known to use unscrupulous methods during lineups, such as not giving proper instructions. Another unethical maneuver would be showing a series of black and white photos, with the targeted suspect’s photo is in color; or showing a series of photos where the target is the only one that remotely fits the description, such as a black man amongst whites. Sometimes a sequential method is used in which the photos are shown one at a time. Misconduct occurs when the target suspect is shown more times than once subsequentially or in a different lineup. The brain recognizes the individual from the previous showing, but the memory tricks the witness into identifying the suspect. A forensic psychologist must eliminate any type of misconduct during a lineup and maintain ethics throughout the entire process (Wells et al., 2006). In a suspect-present lineup, two errors can occur. The eyewitness may make no identification, or they may select one of the fillers. It is up to the forensic psychologist to uphold professionalism regarding the instructions. An unethical move might be for the administrator to ask the eyewitness to take a closer look at the second photo, etc. In a line up where the suspect is not present, the eyewitness may feel obligated to select one. It is imperative to provide the

eyewitness with the proper procedure before the selection begins. They must be informed that the suspect may not even be included in the lineup. Feeling the urge to select someone that looks similar according to their memory, even when the suspect is not present is coined relative- judgement conceptualization (Wells & Hryciw, 1984). The responsibility of the forensic psychologist is to prevent any swaying by the administrator, and to uphold the ethical guidelines. Regardless of the importance of uncovering the truth and probing the mind of the eyewitness, the eyewitness must not be subjected to undue stress and games. In the 1970s, one of the most significant discoveries in eyewitness testimony evolved; it was distinguishing between system variables and estimator variables. System variables are elements that the justice system has control over. Estimator variables are not controlled, and as a forensic psychologist on a case it is important that these variables be identified. This ranges from instructions prior to an interview or lineup as well as comments made by the investigator during the processes (Wells et al., 2006) Another issue that a forensic psychologist should keep in mind is exposure time during the viewing of a suspect or a photograph/video of the potential perpetrator. Memon et al., (2003) conducted a study using mock witnesses with exposure time of 12 versus 45 seconds using a video of the mock suspect. The positive identification increased significantly in the witnesses receiving longer exposure. Ethically, police officers should allow a reasonable amount of time for an identification, then move on. They have been known to sway an eyewitness towards a particular photo by lengthy viewing time. Another unethical tactic is to put the target suspect in two different lineups so that the victim remembers the individual from the previous lineup, yet the memory thinks it is an identification from the crime. The psychologist should ensure that the

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