Eyewitness Memory: Unreliable or Misunderstood? New Research Challenges Decades of Skepticism
A Nature feature examines the shifting science of eyewitness memory, centering on the case of Charles Don Flores, a Texas death row inmate convicted largely on eyewitness testimony. In 1998, neighbor Jill Barganier initially failed to identify Flores in a photo line-up and described a white man with long hair, but later testified with 'over 100 percent' certainty that Flores was the perpetrator. Researchers like John Wixted of UC San Diego argue that initial high-confidence identifications can be highly accurate, challenging the long-held view that memory is inherently unreliable. Wixted's confidence-accuracy characteristic (CAC) analysis, based on signal detection theory, shows that confident witnesses can be up to 97% accurate under proper conditions. The article traces the history of eyewitness research from Elizabeth Loftus's 1970s experiments to Gary Wells's work on line-up biases, and highlights reforms like double-blind line-ups adopted by some jurisdictions. Wixted now hopes his arguments will aid a Supreme Court petition to reconsider Flores's conviction.
Key facts
- Charles Don Flores was convicted of capital murder in 1999 largely on eyewitness testimony from neighbor Jill Barganier.
- Barganier initially failed to identify Flores in a photo line-up and described a white man with long hair; Flores is Latino with short hair.
- Police used discredited 'forensic hypnosis' on Barganier, suggesting one suspect had 'neatly trimmed' hair.
- Barganier later testified she was 'over 100 percent' sure Flores was the man she saw.
- Flores is currently on death row; no DNA evidence connects him to the crime.
- John Wixted's CAC analysis shows confident eyewitnesses can be up to 97% accurate.
- Wixted collaborated with Houston Police Department on a study of nearly 350 photo line-ups using double-blind procedures.
- Some US jurisdictions have adopted reforms like double-blind line-ups and recording witness confidence immediately after identification.
Entities
Institutions
- University of California, San Diego
- University of Washington in Seattle
- Iowa State University
- Stony Brook University
- Washington University in St. Louis
- University of Bristol
- Salk Institute for Biological Studies
- Houston Police Department
- Texas
- US Supreme Court
- Innocence Project
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