Eyewitness identification errors
As serious a problem as eyewitness errors have been in contributing to the incidence of wrongful convictions, we psychologists should take care not to overstate the relative size of the problem. In the February Monitor, a "Judicial Notebook" column comments that "incorrect [eyewitness] identification is responsible for more wrongful convictions—where post-conviction DNA evidence later proved innocence—than all other sources of error combined."
However, current data from the National Innocence Projectopens in new window indicate that eyewitness errors were implicated in 70 percent of DNA exoneration cases, forensic science errors in 45 percent and false confessions in 28 percent. Dishonest informants, ineffective assistance of defense counsel and prosecution misconduct make up additional nontrivial contributions to the body of erroneous convictions. (Important to note is that, in any given case, multiple sources of error can occur, which is why these data total to considerably more than 100 percent.)
A larger database, which includes defendants exonerated by non-DNA means (about 75 percent of exonerations) as well as through DNA typing, is maintained by the National Registry of Exonerationsopens in new window. It shows that eyewitness errors were implicated in 34 percent of false convictions, perjury or false accusation in 55 percent, prosecution misconduct in 45 percent, false or misleading forensic science in 23 percent and false confessions in 13 percent.
Beyond the inherent value of knowing the most accurate information, there is utility in psychologists appreciating that much more needs fixing in the justice system than eyewitness procedures. Most, if not all, of those other sources of erroneous convictions could benefit from research attention by psychologists.
Michael J. Saks, PhD, MSL
Phoenix
Clarification
Regarding the December 2017 Monitor article "4 Questions for Betsy Levy Paluck," it should have been noted that the educational radio programs in Rwanda were co-created by Ervin Staub, PhD, professor emeritus at the University of Massachusetts Amherst, and Laurie Pearlman, PhD, clinical psychologist and trauma specialist, in collaboration with film producer George Weiss and a team of Rwandan writers.
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