Eyewitness testimony is a powerful form of evidence, and this is especially true in the United States criminal legal system. At the same time, eyewitness misidentification is the greatest contributing factor to wrongful convictions proven by DNA testing. In this paper, I offer a close examination of this tension between the enormous epistemic weight that eyewitness testimony is afforded in the United States criminal legal system and the fact that there are important questions about its reliability as (...) a source of evidence. In Sections 1 and 2, I argue that lineups and interrogations often function by way of extracting testimony from an eyewitness through practices that are manipulative, deceptive, or coercive. I then show, in Section 3, that when testimony that is extracted in these ways is given an unwarranted excess of credibility, the eyewitness in question is the victim of what I call agential testimonial injustice. I conclude that since much of the testimony of eyewitnesses is both extracted and given an excess of credibility, there is a fairly widespread form of epistemic injustice being inflicted upon testifiers in the United States criminal legal system. This calls for reforms along both dimensions—lineups and interrogations should go through a witness's epistemic agency, rather than bypassing, exploiting, or undermining it, and the weight of the resulting testimony should be viewed in the broader context of its significant fallibility. (shrink)

Empathy is important in our digitized and polarized world and an important aspect of education. What contribution can history teachers make to develop this in their students? In this study we investigated whether a lesson unit making use of eyewitnesses and designed from six pedagogical principles, resulted in more confidence in the ability to empathize, attributed importance to empathy and understanding of empathy by 10th grade students. In addition, we investigated the differences between two conditions: the use of a guest (...) speaker versus eyewitnesses in a documentary. In this quasi-experimental intervention study, we used a pretest-posttest-follow-up design. The data were collected via questionnaires containing closed and open questions. The results showed that students (N = 97) in both conditions gained confidence in their ability to empathize and improved their ability to explain what empathy means and why it is important. After two months, progress on these items was still significant. In the condition with the guest speaker students scored significantly higher on understanding empathy than students who participated in the lesson unit with the documentary. This study contributes to the understanding of developing empathy through the use of eyewitnesses in history classes and the measurement of students’ understanding of empathy. (shrink)

Eyewitness testimony is both an important and a notoriously unreliable type of criminal evidence. How should investigators, lawyers and decision-makers evaluate eyewitness reliability? In this article, I argue that Testimonial Inference to the Best Explanation is a promising, but underdeveloped prescriptive account of eyewitness evaluation. On this account, we assess the reliability of eyewitnesses by comparing different explanations of how their testimony came about. This account is compatible with, and complementary to both the Bayesian framework of rational (...) eyewitness evaluation and with prescriptive methods for eyewitness assessment developed by psychologists. Compared to these frameworks, the distinctive value of thinking in terms of competing explanations is that it helps us select, interpret and draw conclusions from the available evidence about the witness’s reliability. (shrink)

Eyewitnesses to crimes sometimes search for a culprit on social media before viewing a police lineup, but it is not known whether this affects subsequent lineup identification accuracy. The present online study was conducted to address this. Two hundred and eighty-five participants viewed a mock crime video, and after a 15–20 min delay either viewed a mock social media site including the culprit, viewed a mock social media site including a lookalike, or completed a filler task. A week later, participants (...) made an identification from a photo lineup. It was predicted that searching for a culprit on social media containing the lookalike would reduce lineup identification accuracy. There was a significant association between social media exposure and lineup accuracy for the Target Present lineup, but for the Target Absent lineup there was no significant association with lineup identification accuracy. The results suggest that if an eyewitness sees a lookalike when conducting a self-directed search on social media, they are less likely to subsequently identify the culprit in the formal ID procedure. (shrink)

By turns beautiful, poignant, frightening, and funny, Eyewitness is a personal pictorial record of life in Northern Ireland over nearly forty years. Murphy's photographs are accompanied by detailed and candid captions revealing the events, people, and atmosphere in the region. This book is distributed for O'Brien Press, Dublin and is for sale only in the United States, it's territories and dependencies, Canada, and the Philippines.

Eyewitnesses are susceptible to recollecting that they experienced an event in a way that is consistent with false information provided to them after the event. The effect is commonly called the misinformation effect. Because jurors tend to find eyewitness testimony compelling and persuasive, it is argued that jurors are likely to give inappropriate credence to eyewitness testimony, judging it to be reliable when it is not. It is argued that jurors should be informed about psychological findings on the (...) misinformation effect, to ensure that they lower the credence that they give to eyewitness testimony to reflect the unreliability of human memory that is demonstrated by the effect. Here I present a new argument, the overcritical juror argument, to support the conclusion that eyewitnesses are likely to make inappropriate credence assignments to eyewitness testimony. Whereas previously authors have argued that jurors will tend to give too much credence to eyewitness testimony, I identify circumstances in which jurors will give too little credence to some pieces of testimony. In my view jurors should be informed by psychological findings relating to the misinformation effect to ensure that they do not lower the credence that they give to eyewitness testimony when they should not. (shrink)

This study investigates the malleability of the eyewitness memory by analyzing the effects of Memory Conformity and Cross-Race Effect (CRE) among Asian ethnic groups. A live crime enactment (snatch theft) was initiated in order to assess both variables. Two experiments were conducted using a questionnaire with a total of 36 participants in a private university. Experiment 1 examined the effects of group conformity. After the live enactment and the filler task, participants were randomly assigned to one of two conditions: (...) discussed and no discussed groups. All participants were given a questionnaire and was informed to complete it individually. Experiment 2 examined the cross-race effect. Participants were informed to answer the questionnaire individually and the results were analyzed based on the racial identity. No difference in memory accuracy was found between discussed and no discussed conditions in the experiment 1. However, in experiment 2, a disparate racial identity effect was found opposing the past literature. (shrink)

In a typical experiment on the misinformation effect, subjects first watch some event, afterwards read a description of it which in the experimental group includes some incorrect details, and answer questions relating to the original event. Typically, subjects in the misled experimental group report more false details than those from the control group. The main purpose of the presented study was to compare two methods of reducing the misinformation effect, namely - warning against misinformation and reinforced self-affirmation. The reinforced self-affirmation (...) consists of two elements: the participants recall their greatest achievements of life, and are being given a positive feedback about their performance in a memory task. The obtained results showed that the reinforced self-affirmation was more effective than warning, although the latter also caused a significant reduction of the vulnerability to misinformation. (shrink)

While history is important to Luke as he writes his “orderly account,” history here is the vehicle of kerygmatic art, not art in its modern expression—the chic pastime of a jaded bourgeoisie—but art in service of the conversion and sanctification of the church.

Two types of variables impact face recognition: estimator variables that cannot be controlled and system variables that are under direct control by the criminal justice system. This article addresses some of the reasons that eyewitnesses are prone to making errors, particularly false identifications. It provides a discussion of the differences between typical facial memory and eyewitness studies and shows that the two areas generally find similar results. It reviews estimator variable effects and focuses on system variables. Traditional facial recognition (...) researchers rarely study system variables but reveal important factors that police and policy makers should consider with regard to eyewitness identification and the courts. It concludes that there is still room for considerable improvement in identification procedures and wants to encourage more system variable research as a means of reducing wrongful convictions. (shrink)

Eyewitnesses are often susceptible to recollection failures and memory distortions. These failures and distortions are influenced by several factors. The present review will discuss two such important factors, attention failures and stress. We argue that acute stress, often experienced by eyewitnesses and victims of crimes, directly influences attentional processes, which likely has downstream consequences for memory. Attentional failures may result in individuals missing something unusual or important in a complex visual field. Amongst eyewitnesses, this can lead to individuals missing details, (...) even unusual or important central details, regarding the crime. Surprisingly, few studies have investigated attentional failures in eyewitness scenarios, and none have investigated the relationship between stress, attention, and witness memory. This review will discuss the impact of attentional failures, mainly those resulting from inattentional blindness, in applied contexts in order to bridge to eyewitness scenarios. In addition, we will integrate the applied literature on attentional failures with literature that examines the influences of arousal and stress on attention. We will conclude by presenting how future research may tease apart the independent contributions of arousal and stress on attentional failures and successes and how this research may inform understanding of eyewitness reliability. (shrink)

Reports of anomalous experiences are to be found in all known societies, both historically and geographically. If these reports were accurate, they would constitute powerful evidence for the existence of paranormal forces. However, research into the fallibility of human memory suggests that we should be cautious in accepting such reports at face value. Experimental research has shown that eyewitness testimony is unreliable, including eyewitness testimony for anomalous events. The present paper also reviews recent research into susceptibility to false (...) memories and considers the relevance of such work for assessing reports of anomalous events. It is noted that a number of psychological variables that have been shown to correlate with susceptibility to false memories also correlate with the tendency to report paranormal and related anomalous experiences. Although attempts to show a direct link between tendency to report anomalous experiences and susceptibility to false memories have had only limited success to date, this may reflect the use of inappropriate measures. (shrink)

The early phenomenologist József Somogyi was one of, if not the first to write a monograph specifically dedicated to the _history_ of the nascent phenomenological philosophy. The two letters written by him during his stay in Freiburg in WS 1923/24, which are hereby published and discussed for the first time, are, similarly, of interest first due to the rare, valuable insight they can provide – when combined with a detailed microhistorical reconstruction of the surrounding constellation – into the elaborate structures (...) of mid-1920s Freiburg phenomenology around Edmund Husserl (directly after Martin Heidegger’s departure to Marburg). Ranging from Husserl’s teaching style to interactions between phenomenology and Catholic thought and to preconditions of the extraordinary philosophical creativity that distinguished early phenomenology, they offer a snapshot that differs significantly from the established narratives of subsequent privileged members of the Phenomenological Movement. Somogyi’s letters thus exemplify the possibility of reclaiming the plurivocity and philosophical richness of the early Phenomenological Movement by virtue of democratizing the historiography, i.e., giving voice to neglected historical actors (often originating from the peripheries). What is at stake is, however, not merely a more nuanced historical understanding of a particular epoch of early phenomenology. Quite the contrary, as I am finally going to argue on the basis of an adjacent short episode from the reception history of Husserl’s (or Eugen Fink’s) selfinterpretation, Somogyi’s case also exemplifies the possibility of a transformation in our understanding of the history of phenomenology (inspired by the methodological revolutions which took place in other compartments of the historiography of philosophy): namely to make the intricate, simultaneously conceptual and historical phenomena of the history of phenomenology a genuine subject matter of contemporary phenomenological research. (shrink)

Replying to Theaetetus’ suggestion that knowledge is true opinion at Tht. 200e, Socrates remarks that ‘a whole profession’ testifies against this definition. The orator practises the art of persuasion, not to teach people, but make them believe whatever he wants. If a robbery has taken place, for example, he cannot in a short time teach adequately the truth about what happened to people who were not on the scene.

ABSTRACTWomen television journalists have long faced criticism and harassment regarding their appearance. The normalization of social media engagement in newsrooms, where journalists are expected t...