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Biases in judging victims and suspects whose statements are inconsistent.
Lindsay C Malloy1, Michael E Lamb
1Department of Social and Developmental Psychology, University of Cambridge, Free School Lane, Cambridge, UK. lcm44@cam.ac.uk
Law and Human Behavior
|January 29, 2010
Summary
Investigator bias can affect how suspect and victim statements are perceived, even when they share similar traits. Recognizing diverse motivations and ensuring transparency in investigations is crucial for fair evaluation of all statements.
Area of Science:
- Psychology of testimony
- Investigative psychology
- Legal decision-making
Background:
- Suspect, victim, and witness statements share underlying motivations.
- Fact-finders and investigators evaluate these statements differently.
- Retractions impact victim/witness credibility more than suspect confessions.
Purpose of the Study:
- Highlight similarities and differences in statement evaluation.
- Address investigator bias towards victims versus confessors.
- Advocate for transparent investigative processes.
Main Methods:
- Commentary and analysis of existing principles in statement evaluation.
- Discussion of psychological factors influencing credibility assessments.
- Exploration of biases in investigative practices.
Main Results:
- Statements from suspects, victims, and witnesses exhibit common characteristics and motivations.
- Investigative and judicial evaluation often shows bias, particularly regarding retractions.
- Confessions are less affected by retractions than victim/witness accounts.
Conclusions:
- Investigators must acknowledge varied motivations for statements.
- Awareness of bias against doubting victims and believing confessors is essential.
- Transparent investigative procedures are needed to contextualize inconsistencies and retractions.
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