After having potential jurors view photo arrays and hypothetical eyewitness confidence statements, the researchers in this study conclude that concise instructions could help jurors devalue eyewitness courtroom confidence when evaluating suspect guilt.
In this study, researchers had potential jurors view photo arrays and hypothetical eyewitness confidence statements described as coming either immediately after the identification or much later in the courtroom. The researchers conclude that concise instructions could help jurors devalue eyewitness courtroom confidence when evaluating suspect guilt. Recent research indicates that mock jurors place too much weight on eyewitness confidence expressed in the courtroom rather than confidence expressed immediately after an identification, though eyewitness identification research clearly shows that only the latter is indicative of guilt. Researchers rarely present mock jurors with photo arrays, which could help them to better understand the eyewitness’ point of view. Across three experiments, potential jurors viewed photo arrays and hypothetical eyewitness confidence statements described as coming either immediately after the identification or much later in the courtroom. In Experiment 1, suspect guilt was rated as more likely when immediate or courtroom confidence was high. Experiment 2 reduced suspect guilt estimates associated with high courtroom confidence by providing partial Henderson instructions. Experiment 3 replicated this effect and found that simple directives from an eyewitness identification expert were even more beneficial in helping potential jurors correctly evaluate confidence based on timing. The authors recommend that eyewitness experts be allowed to instruct jurors not to trust confidence expressed at trial. (Published Abstract Presented)