Improving the Accuracy of Eyewitness Testimony

The section focuses on improving the accuracy of eyewitness testimony. Eyewitness testimony (EWT) plays a crucial role in the criminal justice system, but it is susceptible to errors due to factors such as misleading information and anxiety. Given its potential unreliability, researchers have developed techniques to improve the accuracy of EWT. One of the most well-known methods is the Cognitive Interview (CI). Below is an overview of techniques used to improve EWT, with a focus on the Cognitive Interview.

The Cognitive Interview (CI)

The Cognitive Interview (CI) is a technique developed by Geiselman et al. (1984) to enhance the accuracy of eyewitness recall. It is based on psychological principles of memory and aims to reduce the effects of leading questions, anxiety, and other factors that can impair memory retrieval.

The Cognitive Interview consists of four main techniques:

Report Everything

This technique encourages the witness to report every detail they can remember, no matter how insignificant it might seem. The idea is that even seemingly trivial information may trigger other, more important memories and lead to more accurate recall.

Reasoning: Small details may be overlooked by the witness, but they can be significant in creating an accurate and comprehensive memory of the event. Additionally, these small details may help trigger more important memories.

Reinstate the Context

This technique involves asking the witness to mentally recreate the scene of the event by imagining the context, including the physical environment (e.g., weather, location) and their emotional state at the time.

Reasoning: Based on Tulving’s (1974) Encoding Specificity Principle, memory recall is enhanced when the conditions at the time of recall are similar to the conditions during encoding. Reinstating the context helps to activate the same memory traces, improving retrieval.

Change the Order

This involves asking the witness to recall the event in a different order, such as starting from the end of the event or from a different point in time.

Reasoning: Changing the order prevents the witness from reconstructing their memory based on expectations or prior knowledge. It disrupts the influence of schemas and reduces the risk of confabulation or misleading reconstruction of the event.

Change the Perspective

Witnesses are asked to recall the event from the perspective of someone else who was present (e.g., another witness) or from a different viewpoint (e.g., imagining being on the other side of the room). This encourages the witness to think about the event in a new way.

Reasoning: This technique reduces the influence of preconceived schemas or biases and encourages the witness to view the event from different angles. It also taps into memory from a broader range of cognitive processes, improving accuracy.

Research Supporting the Cognitive Interview

The effectiveness of the Cognitive Interview has been widely researched, with studies demonstrating its ability to improve the accuracy of eyewitness recall.

Geiselman et al. (1984): The original research by Geiselman involved showing participants a video of a simulated crime and then using the Cognitive Interview and standard interview techniques to question them. Those who were interviewed using the Cognitive Interview provided more accurate information compared to those who were interviewed using standard techniques. This demonstrated the CI's effectiveness in improving recall.

Köhnken et al. (1999): Conducted a meta-analysis of 53 studies and found that, on average, the Cognitive Interview increased the amount of correct information retrieved by 34%, with a slight increase in incorrect information, suggesting that the CI is effective in improving the quantity and accuracy of recall.

Strengths of the Cognitive Interview

Improved Accuracy

The Cognitive Interview has been shown to significantly improve the accuracy of EWT compared to standard police interviews. By focusing on various retrieval cues and encouraging witnesses to think about the event from different perspectives, the CI helps witnesses access a more complete and accurate memory.

Reduces Misleading Information

Techniques such as "change the order" and "change the perspective" help reduce the influence of leading questions, which can distort memories. By using these techniques, the CI minimises the risk of suggestive questioning leading to false memories.

Supports Psychological Theory

The Cognitive Interview is grounded in established psychological theories, such as Tulving’s Encoding Specificity Principle and the idea of memory as a constructive process. These theoretical foundations provide a strong basis for the CI’s effectiveness.

Limitations of the Cognitive Interview

Time-Consuming

The Cognitive Interview requires more time than standard police interviews. It involves multiple stages and encourages the witness to provide a detailed account of the event, which can take longer to administer. This can be impractical in real-life situations, especially with large numbers of witnesses.

Increased Risk of Incorrect Information

While the CI increases the amount of accurate recall, it can also lead to a slight increase in the amount of incorrect information reported. This happens because the technique encourages the witness to recall as much as possible, even if some details are inaccurate. However, the amount of inaccurate information is generally much lower than the increase in correct information.

Requires Specialist Training

The Cognitive Interview requires specific training for law enforcement officers, which can be costly and time-consuming. The effectiveness of the technique relies on the interviewer’s skill in implementing the methods properly, and not all police officers may be trained to the level necessary for the CI to be effective.

Not Always Effective in All Situations

Some research has suggested that the Cognitive Interview is more effective in certain situations, such as when witnesses have a clear memory of the event or when the event is particularly significant. In cases where the event was traumatic or if the witness is under significant stress, the CI may not always lead to better recall.

Enhanced Cognitive Interview (ECI)

An adaptation of the Cognitive Interview, known as the Enhanced Cognitive Interview (ECI), was developed to address some of the limitations. The ECI incorporates elements such as:

Building rapport with the witness to reduce anxiety and increase trust.

Minimising distractions to improve focus during the interview.

Encouraging witnesses to be more open and relaxed in their recall, which can help improve the richness of the information provided.

The ECI is designed to maximise the benefits of the Cognitive Interview while reducing some of its practical challenges.

Summary

The Cognitive Interview is a highly effective technique for improving the accuracy of eyewitness testimony. By encouraging witnesses to report everything they remember, reinstating the context, changing the order of recall, and asking them to change perspectives, the CI helps witnesses access more accurate and detailed memories. While the Cognitive Interview has been supported by research and is grounded in psychological theory, its practical application can be time-consuming and may sometimes lead to the recall of some inaccurate details. Despite these limitations, the Cognitive Interview remains a key method for improving the reliability of eyewitness testimony in the criminal justice system.