CHAPTER # 5

CRIMINAL INVESTIGATION
EYE WITNESS TESTIMONY

DEFINITION
Eyewitness testimony is a legal term.

“It refers to an account given by people of an event they have witnessed”

OR

“A witness is someone who has firsthand knowledge about a crime or significant event
through his/her senses (e.g; seeing, hearing, smelling, touching)”

The witness is often called up in a court of law to testify about an event.

For example, Eyewitness testimony may be required to give a description at a trial of a

robbery or a road accident someone has seen. This includes identification of
perpetrators, details of the crime scene, etc.

HUMAN PERCEPTION AND MEMORY

PERCEPTION
When we give meaning to our sensation is called perception.

Perception is what a person sees or senses at any particular moment.

MEMORY
After perceiving it is necessary that the individual should remember the things.

Stages of Memory

There are three stages of memory which are given below;

 1) Acquisition/Encoding
2) Retention
3) Retrieval
1. Acquisition/Encoding:

“Converting information into a form that can be stored in memory”

2. Retention:

“Retention is when the information is encoded or stored in the brain/memory for a long
time”

3. Retrieval:

“When you recall the information and communicate about it is called retrieval”

If anyone of the following does not work properly so the individual will be unable to
recall and testify.

RECONSTRUCTIVE THEORY OF MEMORY

A person can fill a piece of traces and make a story, this is known as the reconstructive
theory of memory. When a person recalls an event and when he or becomes stuck so
he/she filled that gap on the basis of his or her own experience, imagination, perception,
and beliefs, and then he or reports and communicates it to the other.

ELIZABETH LOFTUS
Elizabeth Loftus proposed the concept of the Misinformation Effect.

The misinformation effect refers to when a person sees an event and is later exposed to
new and misleading information about the incident, their recollection of memory often
becomes distorted.

For example; The police officer investigates a crime scene. One of the witnesses
reports about the tattoo.
When the police ask another witness about it and ask about its color, and if that witness
didn’t even notice a tattoo at that time but still he will make up a statement and will
report about it this is called the misinformation effect.

REPRESSED MEMORY
“When an individual pushes his/her unwanted painful event into his/her unconscious are
called repressed memory”

It is a psychological process of unconsciously keeping something out of awareness for

an extended period of time because unpleasant emotions are associated with it”

To overcome the problem, one of the important processes is used;

 Hypnosis

HYPNOSIS
“Hypnosis is used to change unconscious events/memories into conscious level”

For example; if a person is very sensitive and is being exposed to a violent event,
being a sensitive person he will repress it because he doesn’t want to recall it this is
called repressed memory. So for bringing repressed memory into the conscious state of
mind the police officers use hypnosis

VARIABLE AFFECTING EYEWITNESS ACCURACY

It includes two factors;

1. External factors
2. Internal factors

1. EXTERNAL FACTORS
When an individual reports an event, it should be accurate

Accuracy depends upon various factors which are given below;

 Temporal factor
  Weapon focus
 Significance of event
 Violence level of event
 Expectation and stereotypes

TEMPORAL FACTORS
Temporal factors include;

a. Time
b. Frequency
a. Time:

The word temporal is derived from time.

If an individual sees an event for a long time, his testimony will be strong and accurate
because of focusing on all the aspects.

On the other hand, if an individual watches event for a short time, he will be less likely to
testify about it because of time.

Time is affecting here the eyewitness accuracy

b. Frequency:

The more frequently and repeatedly you watch a particular event, the more accurately
you will testify.

WEAPON FOCUS
During the robbery scene, if you are at gunpoint, you are less likely to focus on the
aspects of the event and will not watch the event properly and focus on weapons
because of insecurity and fear, and due to focus on the given weapon is a factor that
will influence the accuracy of testimony.

SIGNIFICANCE OF EVENT
If an event is of your interest, important and grasping your attention, you are likely to
focus that event and are more likely to accurately testify about it. But it event is of no
interest to you than you will be less likely to focus that event then you will have less
information and are less likely to accurately testify about it.

VIOLENCE LEVEL OF EVENT

When a person is exposed to a violent event

The autonomic system, i.e; sympathetic and parasympathetic nervous systems become
activated

It ultimately activates your flight or fights response and body level shift to arousal level

a. Eye Witness Arousal

If an individual witnesses an event that is horrible or stressful in nature, the individual
will be physiologically aroused and it will impact him

Some researchers suggest that the individual will be aroused and forget the event while
others suggest that the more physiological arousal will occur the more the individual will
be able to recall that event

Researchers suggest that very high and very low levels of arousal reduced perception
and inhibit memory while a moderate level of arousal facilitates perception and memory

LOW AROUSAL HIGH AROUSAL

MEDIUM LEVEL OF AROUSAL

 b. Yerks Dodson Law
The law was presented in 1908

According to Yerkes Dodson law, arousal level depends upon the event

If the event is normal and less threatening but the arousal level of the individual is high,
you are more likely to be able to recall the event. But if the event/situation is threatening
or complex and the arousal level is high you are less likely to recall the event

Simple task High arousal Better performance

Complex task High arousal low performance

A moderat level of arousal facilitate performance and

performance will be good

The relationship is hypothesized between memory and perception. i.e; a moderate level
of arousal will improve memory and perception

EXPECTATION AND STEREOTYPE

Our stereotype leads to expectations

We usually expect crime from those who belong to low socio-economic status, broken
and neglected families

These expectations lead to stereotype

This means when the people commit crime from whom we expect crime so our
stereotype is fulfilled

When a person who belongs to a good family and, has good status the in community
commits a crime we become shocked. It is known as “ stereotypic shocked “ a because
clash occurs between our expectation and our stereotype because we are not expecting
criminal activities from that person.
 2. INTERNAL FACTORS
It includes;

 Witness confidence
 Post identification feedback effect
 Effects of eyewitness witness testimony
 Children as eye witness
 Older witness

WITNESS CONFIDENCE
The more confident the is witness about what they saw, the more accurately he will
testify about it.

Confidence means; how accurately and confidently you narrate an event. Accuracy and
conaredence is positively correlated.

High Accuracy will lead to High Confidence

Low Accuracy will lead to Low Confidence

POST IDENTIFICATION FEEDBACK EFFECT

It is the creation of false confidence by external factors

For example; When police investigate a crime scene and a witness testify about that
event and the police officer give him feedback that he correctly testify the event
because all the people are reporting or testifying the same thing. This feedback will
ultimately effect the confidence of the witness even if he makes a false testimony about
the event

So in the above example feedback by the police officer is the external factor that leads
to the false confidence i.e; increase the confidence of witness

Some time when witness testify something and when get stuck so he/she add some
external information so it means that he/she is generating false perception which
become true and false confidence will take place.
EFFECTS OF DRUG ON EYE WITNESS TESTIMONY
Researchers suggest that alcohol reduces the recall of event and interfere with the
original perception and coding of event.

State-Dependent learning of memory:

If a person encounters an event after the intake of drug or in a state of intoxication, he

will be unable to recall the event in a normal state or after intoxication.

Researchers indicate that take the individual in the state in which he encounter the
event. Because the drug alert that areas of mind and they will be able to recall it. This
phenomenon is called state-dependent learning or memory.

CHILDREN AS EYEWITNESS
Testimony of the children depends upon;

 Age
 Memory
 Confidence

Children can be influenced easily

Children will pick things of their own interest from the event

Children will recall less detail of event than adults

They also make errors in recall

Testimony of the children will be accepted between age 12-14 after analyzing their
emotional and mental competency

OLDER WITNESS
Similar is the case with old age people

Due to fear, consequences and risk they will not accurately testify about event.
Whereas younger take risk and are confident
The energy level of young people is high and the energy level of old people is low and
fear is high

With growing age memory become decline and effect testimony

IDENTYFING CHARACTERISTICS OF THE OFFENDER

Through following characteristics of the offender we can identify them;

1. The face
2. Unconscious transference
3. Own race biases

THE FACE
Researches indicate that individual are more likely to remember the upper face i.e;
eyes, nose and hair and is less likely to remember the lower face i.e; lips, chin.

Individual can recognize the criminal by watching instead of recalling them.

UNCONSCIOUS TRANSFERENCE
It occurs when a person seen in one situation is confused with or recalled as a person in
another situation.

When we see a person during crime and we compare it with other on the bases of
physical characteristics so it is called unconscious transference.

OWN RACE BIASES

People can better discriminate between faces of their own race or ethnic group from the
other race or ethnic group is called own race biases.

For example:

 Chinese identifies Chinese

 Pukhtoon identifies Pukhtoon
 CRIMINAL PROFILING

DEFINITIONS
“It is a process of identifying personality traits, behavioral tendencies, geographical
locations and demographic and biological description of offender based on the
characteristics of particular type of crime”

OR

According to Geberth; “it is an educated attempt to provide specific information about a

certain type of suspect and a biological sketch of behavioral pattern, trends and
tendencies”

OR

According to Holmes and Holmes (1996); “it is difficult to make profile of those who
commit crime first time then those who regularly and persistently committing crime”

APPROCHES IN CRIMINAL PROFILING

There are three approaches in criminal profiling;

1. Distinguishing the “Evil person”

2. Determining common characteristics
3. Extracting specific characteristics

1. DISTINGUISHING THE “EVIL PERSON”

It is easy to make profile of a person whose background is with us.

Media play a vital role in providing the background.

We can easily collect criminal information about the famous people but lack of
information about any other who is not famous.

For example; Sadam Husain, we have his background and history, it is easy to make
his profile.
 2. DETERMINING COMMON CHARACTERISTICS
Through the analysis of one or more criminals we come to know about the common
characteristics of criminals who commit the crime and we correlate the common
characteristics.

Common characteristics of criminals are;

 Childhood experiences
 MMPI Profile

Childhood Experiences:
According to Murphy and Peter, those individual who involved in rapes and killing, their
childhood histories indicate that they are the victim of child abuse.

MMPI Profile:
It is used to detect psychopathology. Results suggest that offenders were rebellious,
impulsive, self-centered and defiant of authority.

3. EXTRACTING SPECIFIC CHARACTERISTICS

Every criminal have a specific style of committing crime through their signature we can
came to know about them and can easily recognize them due to their signature.

For Example; let suppose robber or a killer commit crime and then leave their sign over
there like if their sign is (A), so they leave it at the crime scene.

Extracting specific characteristics is based on the phenomena;

 Modus Operandi

Modus Operandi (MO)

Modus operandi (MO) is the usual way that a particular criminal perform a crime.
Signature of criminal also comes under this.
For Example; Some serious killers when kill the individual so they kill them through
screw driver. So in this example the killing through screw driver is a specific way for
committing crime this is called Modus operandi (MO)

CRIMINAL PROFILE GENERATING PROCESS

Its purpose is to make programs to remove criminal act

For generating profile, we comprehensively study the criminal act and study about those
who had committed crime.

We make an in-depth interpretation of the background and activity of the criminal.

We also formulate the possible motivating factors that are involved.

Then we develop a description about an overt characteristic of criminal behavior.

Then we gather initial information in crime investigation which include evidence from
crime scene who was criminal and who was victim, forensic evidence about the crime
(causes of death, nature of wounds) photographs of victim and crime scene.

DECISION MAKING
Then the second stage “decision making” begins we organize and arrange these inputs
and communicate it in a meaningful way.

Classification are established for example, the crime maybe a;

1. Mass Murder
2. Classic Murder
3. Spree Murder
4. Serial Murder

1. MASS MURDER
“Mass murder means when a large number of people die in one went/attack and
offender also plan to die at the crime scene, either at their own hand or by police
gunfire”
 2. CLASSIC MURDER
“Kill people in group (gangsters) but immediately escape from their; means concern with
their well-being”

The man barricaded himself and kills 16 people.

3. SPREE MURDER
“When a person is too much aggressive and his aggression doesn’t cool of and he
commits murders again and again is called spree murder”

4. SERIES MURDER
“Series murder is a planned murder”

In this, a person lives a normal life after committing a murder and after sometime he
commits a plan murder.

The next step is to reconstruct the sequence of events and the behavior of both the
offender and victim through these types of murder we assess the trend, tendencies and
pattern of criminal.

His murder was organized, disorganized. He planned murder or commit murder

By focusing all these cases we make profile.

HYPNOSIS
“Hypnosis is used to change unconscious events/memories in to conscious level”

Hypnosis was introduced in forensic Psychology because of the reason that there are
certain events that the criminal can’t response.

Such events can be taken out by hypnosis.

MARTIN REISER (1980)

Martin Reiser was a psychologist in Los Angeles police department, used hypnosis 1 st
time in criminal investigation.
He trained police officer in hypnosis and this trained officer is called “Hypnotism”. They
made law hypnosis institute to train police officers.

ADVOCACY OF DECISION
Hypnosis used in 600 cases and they come to the conclusion that hypnosis play an
important role in taking out important information.

COURT DECISSION
Hypnotically traced memories can be presented in court or not?

Hypnotically assessed memories was accepted by certain lawyers and rejected by

others.

Certain guidelines were level up by the court of law and hypnosis should be done on
those guidelines.

GUIDELINES
It includes;

1. Qualification of person using hypnosis

2. Pre-hypnosis record
3. Electronic recording
4. Measurement of hypnotizability
5. Pre-hypnosis briefing
6. Management of hypnosis session
7. Selective use

1. QUALIFICATION OF PERSON USING HYPNOSIS

Hypnosis can’t be used with every person, similarly everyone can’t do it.

Individual should be competent enough while using the technique.

Skills are important while using the technique.

It requires extensive and professional training and it require 2 years.

 2. PRE-HYPNOSIS RECORD
The information that you take from the client/criminal before hypnotism should keep it
separately.

3. ELECTRONIC RECORDING
Electronic recording of hypnosis session is important. Through audio tapes and
cameras you should record the session and can present it in court. It minimize the risk
of telling a lie.

4. MEASUREMENT OF HYPNOTIZABILITY
The level of the subject should be determined by use of one of the hypnotizability
scales, in order to determine the subject degree of responsivity

5. PRE-HYPNOSIS BRIEFING
You guide and brief the individual about the process of hypnosis.

6. MANAGEMENT OF HYPNOSIS SESSION

Being a forensic psychologist you must have to follow the durations given by the court.

7. SELECTIVE USE
Being a psychologist, you must have to use relevant data and must have to use it when
it is needed.

Hypnotically assessed memory should be used only in the court of law.

TECHNIQUE
It includes;

 Polygraph technique
 Psychological analysis

POLY GRAPH TECHNIQUE

The device operates at physiological arousal of the suspect.
Different parts of devices become connected to the body, the devices associated with
skin resistance, breathing and heart rate

All polygraph begin with a pretest interview

The pretest interview consist of gathering biographical inform and verbal or written
consent from the examinee

It usually consists of four separate phases;

A. Data collection
B. Pre-test interview
C. Test administration
D. Post-test interview

A. DATA COLLECTION
The examiner gathers all the relevant information concerning the area under
investigation as well as known information about the subject this is called data
collection.

B. PRE-TEST INTERVIEW
The interviewer established rapport with the subject and explain the procedure of the
examination this is called pretest interview.

C. TEST ADMINISTRATION
After these two phases and after clearing all the ambiguities to the subject, the
examiner administered the test at the subject.

D. POST-TEST INTERVIEW
After administration the examiners evaluate the result and communicate about it.

PSYCHOLOGICAL ANALYSIS
This test is administered in two ways;
  Control question technique
 Relevant-Irrelevant test

CONTROL QUESTION TECHNIQUE

“Those questions which are related to individual past behavior, such as; did, was, were
etc”

If the CQT causes physiological arousal, it means the individual is ‘innocent’

If the CQT do not causes physiological arousal, it means the individual is ‘guilty’

It is based on;

a. Irrelevant/Neutral question
b. Relevant questions
c. Control questions

a. Irrelevant/Neutral question:
It is based on neutral topic like;

 Date of birth
 Name
 Age
 Height
 Birth place

They usually occur at the beginning and end of an examination but they may
interspersed between other questions to being the subject how to normal.

b. Relevant question:
It is based on event related question the event that the examiner is probing. It probes
whether the subject committed the crime or behavior.

For example:
On august 26 approximately at 9:00 o’clock, did you break down the door at Mr Brown’s
Residence?

c. Control question:
It determines deception or truthfulness as the relevant question. It is based upon either
on assumed or known lie.

Assumed lie – “Assumed lie means simply denial of behavior”

If physiological responses are high on relevant questions than control question, the
person will be guilty but if physiological reactions are high on control question than
relevant one, so the individual is innocent.

RELEVANT-IRRELEVANT TECHNIQUE
It consists of a list of;

 Relevant questions
 Irrelevant questions

Relevant questions – related to the event and impose the change in body sensation.

Irrelevant questions – not related to the event and make the individual relax.

If the relevant-irrelevant technique causes physiological arousal, it means the individual

is ‘guilty’

If the relevant-irrelevant technique do not causes physiological arousal, it means the

individual is ‘innocent’

To basic assumption of relevant-irrelevant technique is that strong physiological

reaction to relevant question over irrelevant ones were regarded as evidence of
deception.

Criticism
It is being criticized by recognizing that even innocent person is more likely to display
more physiological arousal if he is truthfully responding to the relevant questions.
The 2nd limitation dials with the task of ban slating the physiological response.

CONFESSION
“When the offender accepts his crime this is called confession”

TYPES OF CONFESSION:
Following are the three types of confession;

1. Voluntary false confession

2. Coerced complaint confession
3. Coerced internalized confession

1. Voluntary false confession

“Confession of criminal act by own will and purpose can be the personal gain i.e; desire
for publicity”

2. Coerced complaint confession

“Confession by force when the suspect is forced to confess the crime despite the fact
that he is innocent”

It can be done to escape further interrogation, to gain a promised benefit, or to avoid

punishment.

3. Coerced internalized confession

“Stressful and mentally tortured investigation leads to coerced internalized confession”

When the truth and false become confused and individual internally accept the criminal
act and began to believe that he is guilty this is called coerced internalized confession.

POLICE INVESTIGATION
“Process of interviewing suspect for the purpose of gathering evictee and obtaining
confession is called police investigation”
TYPES OF INVESTIGATION
Following are the two types of investigation;

1. Reactive investigation.
2. Proactive investigation.

1. Reactive investigation
An investigation by the police after the occurrence of an event police investigate the
nature of crime and investigate the cause this is called reactive investigation.

2. Proactive investigation
Investigation by police officer before the occurrence of an event on the basis of threats
or some knowledge about the occurrence of crime this is called proactive investigation.

EXAMPLE
The Paul Ingram case – Paul Ingram was a deputy sheriff in state of Washington. He
was married and was a father of 5 children. He was charged with a number of crimes,
i.e.; sexual abuse, rape of his own daughter and participation in hundred of satanic cult
rituals

Ingram’s responses

 Leading questions by the police and psychologist attempted to cause Ingram to

ususlize scenes investigating group rapes and satanic cult activities.
 Before this deep investigation his response was;
 “I didn’t do it “
 The deep investigation change his statement and he report;
 “I don’t remember that I done this “
 It was because he was confused by different pressure, especially his daughter.
He thought that there might be certain signals that intended to be perceive as
sexual abuse.

Evaluating the accuracy of case

  A social scientist and expert witness Richard. she played a unique role in this
case he came to conclude that through hypnosis Ingram had been brain washed
into believing that he had been part of satanic cult. Ingram was guilty of anything.

ROLE OF POLICE INVESTIGATION IN GENERATING CONFESSION

Police play a very important role in generating confession by using different ways.

For example:

 Beating etc

METHODS OF INVESTIGATION
There are six methods of investigation which are as below;

1. Minimization
2. Maximization
3. Knowledge Bluff technique
4. Bating question
5. Rapport building
6. Mutt and Jeff tactic

1. Minimization
The officer will minimize the seriousness of offence.

He will generalize the offence by saying “I have seen thousands of committing this”

For example;

The officer say to the individual that you have not done that much serious crime if you
confess it then I will surely minimize your punishment and it will help you.

2. Maximization
Exaggerating the seriousness of the offence

3. Knowledge Bluff Technique

By providing fake information the officer make the individual to accept his crime.
For example;

By saying that we find out your finger/foot prints at crime spot

This is the fake information that was provided by officer as a trick that suspect confess
the crime.

4. Bating Question
By asking question that are relevant to the crime scenes this is called bating question.

For example;

Officer: you didn’t commit crime?

Suspect: no.

Officer: then why your car was standing at crime spot?

5. Rapport Building
After developing a rapport with the criminal you take out the important information. By
showing sympathy, understanding and respect

6. Mutt and Jeff Tactic

In this method the interrogation should be in the way that shouldn’t lead to physical,
psychological and social harm to suspect.

HOW PSYCHOLOGIST CAN CONTRIBUTE?

There are many ways;

1. Role as a client
2. Interrogative suggestibility
3. Prior setting
4. Physical setting
5. Establishing Authority
 1. ROLE AS CLIENT
Psychologists can provide better suggestions to police to improve their interrogation
procedures. That will be more effective and helpful.

2. INTERROGATIVE SUGGESTIBILITY
Due to anxiousness, lack of strong self-concept, or due to other reasons, they become
suggestible and accept what the police let them accept/confess due to suggestibility.

3. PRIOR SETTING
The officer should read the investigation report, visit the crime scene, examine the
previous record and gather relevant information before investigation.

4. PHYSICAL SETTING
Set up of the investigative room it should be appropriate.

It must be facilitated by a table, chairs, and ventilators.

Officers who didn’t wear a uniform during the investigation become successful in the
investigation.

By developing empathy you can take the information.

Uniforms can be threatening and can create a hindrance to open discussion. So it will
be better to not wear a uniform.

5. ESTABLISHING AUTHORITY
The police officer should have a dominating personality and the ability to generalize the
thoughts of the individual/ criminal so that he responds to all the questions.

Criminals have mood and behavioral problems, if they evaluate the officers as less
competent enough can bluff them.

Assumption hinders the process of investigation.

Treating assumptions should toe acceded by the police.