Final Project Submission

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Final Project Submission: Case Analysis Merissa Meredith Master of Science of Psychology, Southern New Hampshire University PSY 545: Forensic Psychology Professor G November 18, 2023

2 Eyewitness and Recovered Memory Introduction Identifying Case Scenario The case scenario chosen for analysis entailed eyewitness and recovered memory. In September 2011, a family’s 11-year-old daughter was reported missing at an amusement park nearly 45 minutes after her disappearance due to miscommunication. After she was found deceased in the amusement park dumpster, investigators relied on eyewitnesses who stated they saw the child and the suspect together to develop a sketch to arrest the perpetrator. The differences in the eyewitness accounts have resulted in unreliable information, further complicating a highly emotional case. Because of the sensitive nature of this case, investigators have contacted a forensic psychologist to assist them in identifying accurate factors and variables in eyewitness identification so that a strong case is built for court. Key Facts Although this case is riddled with essential facts related to solving who abducted, sexually assaulted, and murdered an 11-year-old girl, some only pertain to the forensic psychologist and the issues regarding eyewitnesses and recovered memory. An essential fact in this case scenario is that the crime occurred at an amusement park, where hundreds of children attend daily with their parents or guardians. This could hinder accurate identification because of the hundreds of “possible” faces seen that are NOT the suspect or child. A second key fact is out of the hundreds of possible witnesses, only twenty reported a visual on the child. Eventually, after the police interviewed the twenty patrons, only three could accurately identify the girl in a photo array. A third key fact of the case is the differences in the race of the man with the girl that the eyewitnesses reported. Twelve eyewitnesses reported the identification of the man they saw, with eight describing a Latino male and four describing an

3 Eyewitness and Recovered Memory African-American male. Lastly, the fourth key fact is that the sketch of the suspect was computer-generated, with each patron acknowledging the resemblance to the man they saw. This resulted in over two hundred tips, with the conclusion that only five of those leads were from individuals who were at the amusement park the day the crime occurred. Issues Many of the critical elements stated above pertain to the issues the forensic psychologist would need to address regarding eyewitness and recovered memory. Estimator variables in eyewitness identification are known as factors in eyewitness error that are uncontrollable by the investigators and criminal justice system (Bartol & Bartol, 2021, p. 96). In this case scenario, one of the estimator variables is that an amusement park is highly active, usually embodied by a mass of people. The fast-paced environment and numerous situations occurring at once can dramatically influence eyewitness memory. A forensic psychologist must account for this variable and others when assisting investigators. Bias is one of the most notorious reasons our cognition inaccurately identifies a suspect or victim. According to Albright (2017), visual eyewitness uncertainty can cause individuals to turn to past experiences to explain and make sense of the current situation. In other words, when an eyewitness is viewing a photo array to identify the victim, if they are not entirely sure, they will search for factors that could assist them in identifying the victim. In this case scenario, the forensic psychologist must analyze the photo array investigators used for each eyewitness. The parents of the young child supplied a picture of their daughter, which could have striking features that the other photos do not possess. To eliminate the possibility of this eyewitness issue, every image should have similar characteristics, such as hair, age, and nationality, to prevent biased identifications.

4 Eyewitness and Recovered Memory Another issue the forensic psychologist would need to address is the possible presence of the Cross-Race Effect (CRE). Sometimes, eyewitnesses experience the Cross-Race Effect (CRE), when eyewitnesses of a different race have difficulty differentiating between various racial features from their own (Bartol & Bartol, 2021, p. 99). One of the critical facts in the case was that twelve eyewitnesses reported the identification of the man they saw, with eight describing a Latino male and four describing an African-American male. It could be possible that some eyewitnesses are experiencing CRE, which can have detrimental consequences for the case should it go to trial with emphasis on eyewitness testimony. The forensic psychologist would need to address this issue to ensure the reliability of the eyewitness for the progression and future of the case in the criminal justice system. The last but equally concerning issue the forensic psychologist would need to address is the sketch of the possible suspect airing on national television. According to Bartol & Bartol (2021, p. 97), unconscious transference occurs when an individual visually sees another individual and, due to confusion, recalls them in a separate situation that is not relevant to the current situation. Over two hundred tips were taken by investigators after the sketch of the suspect was aired, and only five of these leads were confirmed as relevant to the case. This could be due to unconscious transference, and the viewers thought they knew the suspect because memory tells them they looked familiar from a past event. Forensic psychologists would need to address this issue by educating law enforcement to free up the workforce that the irrelevant leads consumed. Needs Even though the case scenario characteristics and facts will remain the same no matter what professionals are working with it, the needs of each entity look drastically different. The

5 Eyewitness and Recovered Memory clients in this case scenario are the investigators asking for consultation on the case. Due to the lack of DNA and physical evidence, eyewitness testimony is crucial in obtaining a guilty verdict, a factor that is challenging for investigators due to conflicting information. According to Wise et al. (2014), eyewitness errors, such as those listed above, are the leading cause of wrongful convictions in the United States. Additionally, the American Psychological Association has estimated that one out of three eyewitnesses make an identification error, further complicating its primary use in the criminal justice system (Wise et al., 2014). This statistic amplifies the client’s need for a forensic psychologist to consult on the case. Due to the conflicting eyewitness statements and identifications, an expert witness, such as a forensic psychologist, could be essential in explaining these sensitive factors to the jurors. Additionally, the client needs a professional to employ accurate interviews and procedures related to identification, such as photo arrays. The defense team would have different needs related to this case scenario. Eyewitness testimony is predominantly used by prosecuting attorneys more than defense attorneys, and the defense team is more than likely to criticize the eyewitness's testimony (Wise et al., 2014). In this case, the importance of eyewitness testimony makes the need for the defense team to call an expert witness to the stand to explain to the jurors the procedures related to the identification of the defendant. The defense team would need the forensic psychologist to explain the functions related to the identification. When speaking to the jurors, the defense team will need an expert witness to explain working memory and visual senses to educate them on cognitive processes associated with eyewitness memory. Lastly, the needs of the court heavily rely on scientific facts rather than biased opinions on eyewitness testimony and recovered memory. The courts need the knowledge of legal

6 Eyewitness and Recovered Memory safeguards to prevent the errors of eyewitness testimony from being entered into the state’s evidence. Some legal safeguards the courts must offer are Motion-To-Suppress an Identification, Voir Dire, Cross Examination, Jury Instructions, and Eyewitness Expert Testimony (Wise et al., 2014). The common need of clients, defense attorneys, and the courts is the ongoing competency of eyewitness testimony, procedures, and legal safeguards. The use of eyewitness testimony as a primary source of evidence may not change quickly in the court system. Due to our prevalence of eyewitness testimony and memory, an increase in education amongst all professionals in the criminal justice system is necessary to ensure that wrongful convictions decrease, if not entirely, absolve. Scientific Methodology Specific to the Scenario The case scenario chosen for analysis entailed eyewitness and recovered memory. It is not a surprise that the detectives are having issues with eyewitness recall due to how inconsistent it can be. There are numerous reasons for this; however, the reliability of eyewitnesses should not be discredited immediately. Competency and time have been shown to dramatically affect an eyewitness during the interview. According to Wells et al. (2006), a method known as The Cognitive Interview was developed by psychologists, which combines cognition and communication. Open-ended questions from the interviewer allow the eyewitness to feel in control of the conversation and encourage communication. When regarding the interview, four steps are initiated by the interviewer: build rapport, ask for a recreation of the event, use open- ended narration, and closure (Wells et al., 2006). The retrieval cue and multiple trace theory are two principles related to the cognition factor. When used in an eyewitness interview, the professional may ask the witness to close their eyes to eliminate stimuli. The witness then will

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