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Ch. 5: Lie Detection

4 Pages

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PSYC 3310
Gwen Jenkins

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Ch. 5: Lie Detection Tuesday, June 05, 2011:00 PM CredibilityAssessment in the Legal System: Traditional Views - Judges and juries not immune to misconceptions about behavioral cues of deception ○ E.g., fidgeting, lack of eye contact, evasiveness - Judges, police officers, detected deception at chance level - Correctional Services of Canada parole officers detected deception at LESS than chance level-- focus on wrong cues - Behavioral cues may be due to dissociative amnesia (fact witness) ○ Pervasive loss of memory of critical personal information ○ Results from reaction to stress trauma-- not medical trauma ○ Distress & impairment in all areas of functioning ○ Memories may never be recovered HypnosisAdvocates - Martin Reiser, psychologist with LAPD ○ Founded Law Enforcement Hypnosis Institute in mid-1970s ○ Reviewed 600 major crime cases-- accuracy of hypnotically recalled information was 75-90% - Hypnosis used frequently-- police tend to believe in validity of "hypnotically refreshed" memories - Problem… HypnosisSkeptics - Nick Spanos-- Lab for experimental hypnosis ○ Behavior under hypnosis is "role playing" ○ Individual must be suggestible-- can lead to "confidence" in false memories ○ Suggestibility = "extent to which individuals come to accept and...incorporate post-event information into memory recollection" ○ Positive association between suggestibility & ease of hypnotizability - Martin Orne-- Judges must be cautious in admitting testimony The "HillsideStrangler" Case - Kenneth Bianchi & Angelo Buono, Jr., were the Hillside Stranglers - Used face badges to persuade girls they were undercover policemen - Tortured, sexually abused, killed at least 10 females (age 12-28) HypnoticallyRefreshedTestimony - Under hypnosis, Bianchi displayed symptoms of Multiple Personality Disorder ○ "Ken" denied murders, "Steve" confessed - A psychiatrist and a psychologist were fooled - Orne showed Bianchi was malingering-- created extra "alter" after hypnosis - Illustrates dangers of assuming hypnotically refreshed testimony is accurate Who to Hypnotize - Hypnosis used in past to obtain information from accused-- not any longer - Hypnosis used in past to obtain information from accused-- not any longer ○ "Hypnosis used to enhance memory recall, not to establish truth" (RCMP, 2004) ○ Horvath v. The Queen (1979) [ON TEST]  Confession obtained under hypnosis "albeit unwittingly" ○ Hypnosis currently used for victim or witness only DoesHypnosisLead to BetterRecall? - Evidence mixed - Experimental studies have poor ecological validity ○ Low levels of arousal in lab situation ○ High arousal = cognitive shut down ("fight-flight") - Meta-analysis (Steblay & Bothwell, 1994) ○ Unstructured free recall better in hypnotized subjects (Ss) but not in structured/guided recall ○ As time passes, control subjects recall > hypnotized subjects ○ Line-up identification not helped ○ Hypnosis leads to more recall errors ○ Hypnotized subjects more confident - [Hypnosis leads to confidence in subjects] Safeguards: R. v. Clark (1984) [don't need to know case, just the safeguards] - Guidelines for introduction of post-hypnosis witness evidence 1. Interview by a qualified individual 2. Interview by independent hypnotist 3. Hypnotist given only necessary info 4. Interview must be recorded/videotaped 5. Only subject & hypnotist present 6. Pre-hypnosis interview to establish reliability of witness (e.g., IQ, drug abuse history) 7. Pre-hypnosis description of fact (i.e., 'actual' memories) 8. Hypnotist's attention to potential 'leading' of witness Court Decisions:Safeguards - Hypnotically refreshed memories admitted on case-by-case basis in Canada - R. v. Taillefer and Dug
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