Misidentification in Wrongful Convictions. submitted to the Department of. Sociology and Criminal Justice

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1 Candidate Misidentification in Wrongful Convictions submitted to the Department of Sociology and Criminal Justice The University of North Carolina at Pembroke in partial fulfillment for the Degree of Bachelors of Arts September 19, 2017 I have neither given nor received unauthorized aid in the preparation or completion of this manuscript. Abstract 2.5

2 MISIDENTIFCATION IN WRONGFUL CONVICTIONS 2 Overview: This study was conducted on incarcerated individuals who felt they had been wrongfully convicted of a crime due to misidentification during the investigative and sentencing stages of a criminal investigation. The purpose of this study was to allow for the inconsistencies in both stages to surface and to enable future correction. Methods: The method used to conduct this survey was the multi-cluster sample. A questionnaire was sent to randomly selected prison inmates from across the United States where they responded to statements regarding their feelings about their case. Results: Of the 2,500 participants in the study, 41% believed their face was common and could easily be mistaken for another individual. Forty-five percent of the respondents strongly agreed they believed someone knows who committed the crime for which they had been convicted. The majority were between the ages of 18 and 24 (50%), Caucasian (59%), received a sentence of less than two years (53%), and either did not specify the crime they had been convicted of (40%) or were charged with theft (36%). Respondents feelings toward the different aspects of their trial revealed that the majority believed perjury occurred (64%), both the defense and prosecuting attorneys were not adequate (59%), and the judge was unfair (55%). The survey participants also disclosed they felt the selection of the jury was biased (50%), a substantial amount of evidence in their favor was not considered (59%), and the amount of time spent reviewing evidence was not sufficient (63%). Conclusion: Despite the plentiful amount of existing research regarding misidentification, discrepancies continue to occur during the investigative and sentencing stages of a criminal investigation. The findings in this research reveal these disparities. Introduction 2.5

3 MISIDENTIFCATION IN WRONGFUL CONVICTIONS 3 Misidentification is a leading cause of wrongful convictions in the United States. There are numerous reasons behind why an individual may be misidentified by a victim or eyewitness; the research discussed here will explore those topics later. It is believed that certain demographics hold a higher risk of being misidentified and subsequently wrongfully convicted. The psychology behind misidentification from eyewitnesses has also been studied and has yielded compelling evidence to suggest memory, facial recognition, and bias are just a few reasons why it occurs. The questions that will be explored within this paper will include why misidentification occurs, which factors play key roles in misidentification, and what can be done to prevent it. The research process consisted of collecting data from a survey of randomly selected prison inmates from around the United States. The data collected from a questionnaire included demographic information as well as feedback on how an inmate felt his/her case was handled during the investigative and sentencing stages of his/her case. Along with existing research, this data will assist in preventing future misidentification by educating readers on reasons it occurs and how it can be averted. Review of Literature There are several stories depicting the misidentification of offenders by victims that result in wrongful convictions. Even those who have air-tight alibis at the time of the offense are not spared. Extensive research has been conducted about misidentification: why does it occur? What factors contribute to eyewitness misidentification? How can it be avoided? The technological advances available today are making wrongful convictions due to misidentification a thing of the past. Though misidentification still occurs, advances such as DNA evidence and the continuous development of forensic science aid in avoiding wrongful convictions.

4 MISIDENTIFCATION IN WRONGFUL CONVICTIONS 4 Misidentification of offenders occurs because of several different reasons. Gross (2017) suggests the major reasons to be eyewitness misidentifications, false confessions, bad forensic science, perjury, and other lies (p. 754). Before the further development of DNA and forensic evidence, the burden of proof to secure a conviction relied heavily on eyewitness accounts. In fact, according to Bell, Clow, and Ricciardelli (2008), eyewitness misidentification (when a witness mistakenly identifies the accused as the perpetrator of the crime) is one of the leading causes of wrongful convictions (pg. 76). In a traumatic event, such a rape or robbery, it is arguable that victims simply are not in a favorable state of mind to identify their perpetrator. The ability to be coerced or led into thinking a certain way by a trusted individual, such as a police officer, can be more easily achieved during a stressful event. Colvin (2009) identifies two fundamental factors in eyewitness misidentification: errors formed during the investigative stage, and errors in the adjudicative stage that are intended to correct errors made during the investigative stage (pg. 178). This portion of the paper will discuss the errors made during the investigative stage mainly because it is where misidentification occurs. Errors created during the investigative stage can include inaccurate eyewitness testimonies and mistakes made by police and/or forensic scientists. A good example of this kind of error can be examined in the case of 22-year-old Jennifer Thompson in Jennifer was raped in her bed where she was able to study her attacker s face for a full 30 minutes before he fled the scene. Three days after the rape, Jennifer identified her attacker, Ronald Cotton, in a photo lineup at the police station and then identified the same man in a live lineup one week later. The man she identified as her rapist was sentenced to life in prison, but after serving 10 years DNA evidence proved he was innocent. How could this have

5 MISIDENTIFCATION IN WRONGFUL CONVICTIONS 5 happened? Smalarz and Wells (2014) suggest post identification feedback could be to blame for errors made in the early investigative stages: Postidentification feedback given to eyewitnesses after they have made an identification has been shown to profoundly distort witnesses recollection of testimony-relevant judgements. For example, confirming feedback (e.g., Good job! You identified the suspect. ) leads witnesses to recall having experienced more favorable witnessing conditions, having paid more attention to the culprit during witnessing, and having been more certain at the time of their identification (p. 283). Further studies have shown this feedback directly contributes to misidentification from the victim and will be discussed further in another section of the paper. Thousands of cases like this exist, and sadly this case is just one example of how a wrongful conviction was a result of misidentification. Equally as condemning as an eyewitness misidentification is a false confession from an alleged perpetrator. It is difficult to understand why someone would admit to a crime he/she did not commit, but it does happen. Gould and Leo (2010) suggest police-induced false confessions are a product of a multiple step process of influence, persuasion, and compliance (pg. 844). Their research proposes that three errors occur when police elicit a false confession that leads to a wrongful conviction. The first error that is made is when law enforcement mistakes an innocent person as guilty. The second error is when the suspect is subject to an interrogation where he/she is accused of a crime. The last error is how law enforcement uses the frame of time after the admission to influence the suspect s story. Psychological coercion is commonly used to elicit a confession, and law enforcement has even been known to take advantage of a person with a diminished mental capacity in a stressful situation. It is important to note that while certain biases may be the motive behind some instances of false confession, this is not to imply that all

6 MISIDENTIFCATION IN WRONGFUL CONVICTIONS 6 law enforcement personnel are dishonest. Police and detectives are under equal stress to solve cases and are subject to the same factors leading to misidentification. Bad forensic science and perjury are other theories as to why misidentification occurs. In his study of exonerations after suspect misidentification, Gross (2017) points out that false or misleading forensic evidence accounts for 24% of wrongful convictions, while perjury is to blame for 56% of cases (pg. 772). In their discussion of the inadvertent bias that transpires from forensic scientists while under the supervision of law enforcement or prosecutors, Berry and Ytuarte (2009) state,...fixing these problems is only half the answer, because half of the wrongful convictions attributed to misleading forensic evidence involved deliberate forensic fraud, evidence tampering, and/or perjury. This is the elephant in the crime lab (pg. 79). After figuring out why misidentification occurs, one must then ask what factors contribute to misidentification that leads to a wrongful conviction. Lorenza (2003) suggests there are three factors that affect one's degree of certainty in eyewitness identification: viewing conditions, internal factors, and external factors (pg. 45) page numbers are only used for quotes. Viewing conditions include the length of time a victim sees his/her attacker, and the length of time that passes between the crime and the actual identification. Studies have been conducted to determine a person s ability to recall another person s face depending on the length of time he/she had to study the face. In one study done by Reynolds and Pezdek (1992) the results showed that despite the amount of time given to study a face, most people could recognize those with significant facial differences. Some instance of feature changes might be more easily recognized because certain versions of features are more atypical than other versions (pg. 283). Prior to these studies being performed it was a common belief that the longer an individual had to study a face, the more accurate his/her identification would

7 MISIDENTIFCATION IN WRONGFUL CONVICTIONS 7 be. Separate studies have been done to show that the more time that passes between the crime and the identification of the suspect, the higher the chances are of the victim forgetting important details and features. Lorenza (2003) states that, the longer the delay between presentation of the stimulus and subsequent recognition, the greater the chances of false identification (p. 46). Experts in both the Criminal Justice and Psychology fields agree that prolonging the amount of time between a crime and the identification of a suspect will allow outside factors to influence an individual s cognitive memory. Internal factors can also affect an individual s degree of certainty when identifying a suspect. These factors are the psychological and biological attributes that can impact misidentification such as age, sex, and race. A compilation of research shows that the percentage of victims or eyewitnesses accurately identifying a suspect increases into early adulthood (18-20 years-old), then steadily begins to decrease upon later adulthood (60-72 yearsold). Equally as compelling as the age factor is what Shaw and Skolnick (1994) referred to as an own-sex bias, which proposes that people are better at identifying others of their own sex rather than people of the opposite sex (pg. 414)page numbers are only used for quotes. This same study interestingly showed that while men were more accurate than women with identification in a non-violent crime scenario, identification accuracy was the same regardless of sex in a violent crime situation. The results of several studies also demonstrated that women tend to recollect other female faces and other female-related details better than those of the opposite sex, and vice versa for men. The second internal factor that influences a person s degree of certainty is race. Race bias is not only the most controversial, but the most studied topic regarding misidentification. The exploration of information for this paper includes viewpoints from the victim or eyewitness and the suspect. Numerous studies have been conducted to test the relationship between race, the likelihood of being misidentified, and then subsequently wrongly convicted of a

8 MISIDENTIFCATION IN WRONGFUL CONVICTIONS 8 crime. Davies, Hutchinson, Osborne, and Eberhardt (2016) claim that regardless of exposure time, however, identification accuracy can be impaired if the race of the perpetrator differs from the race of the eyewitness (p. 492). Their study tested a variety of crime types and were assessed to verify if there were any stereotypical links between certain crimes and races. Their research yielded compelling evidence that a link does exist between race and misidentification: Our previous research has consistently found that eyewitnesses accurately identify the level of perceived stereo typicality for Black males suspected of committing stereotypically non-black crimes; moreover, the current research finds this to be true even when the victims are female or White (pg. 495). Other research has found that events in which white individuals identify black individuals as suspects of crimes is very common. It is widely argued by researchers of this subject, such as Free (2015), that misidentification of African American suspects, along with prejudice from police and prosecutors was responsible for the discrepancies in wrongful convictions (p. 789). Their studies found that this is particularly true in cases that involve a white witness. The third factor in misidentification involves external factors; they include lineup biases and suggestive questioning. Law enforcement may choose to perform either a sequential lineup or a simultaneous lineup. In a simultaneous lineup, the victim or eyewitness is shown all the suspects at the same time. For the sequential lineup, the eyewitness must identify the suspect before he/she can proceed to the next face. Regardless of the lineup procedure used, the outcome is based on the victim s ability to identify the suspect from his or her memory, or the use of relative judgement. The uses of individuals, who possess characteristics that closely match that of the suspect, or a distractor, affect the chances of a false identification. For example, if police fill a lineup with people who do not match the description of the suspect, and then place one person who does match the description (the distractor) in with the group of others, a bias has been created and results in misidentification. Lorenza (2003) verifies this by stating that in using relative judgement, the eyewitness will choose the person with features most like the suspect

9 MISIDENTIFCATION IN WRONGFUL CONVICTIONS 9 whether or not it is the right person (pg. 48) page numbers are only used for quotes. Sequential lineups have been proven to yield more accurate identification of suspects. Because the victim or eyewitness only views one face at a time and is unaware of what the next face will look like, he or she more accurately matches a face to his or her memory. The last external factor in misidentification is suggestive questioning. This type of questioning includes statements made by law enforcement during the identification stage or post identification feedback that was mentioned earlier. Chambers (2001) study showed that when an eyewitness was asked which of these people is the culprit? during a lineup in which the culprit was not present, 78% of the subjects still made identification. When the eyewitness was told the culprit may or may not be present in the lineup, the correct identification rate dropped to 33% (pg. 67) page numbers are only used for quotes. Chambers suggests that when eyewitnesses are challenged with questions such as the one above, they feel obligated to make an identification. In addition to Chambers findings on the subject, Smalarz and Wells (2014) state that post identification feedback given to eyewitnesses after a mistaken identification can further decrease his or her memory of the culprit (pg. 284) page numbers are only used for quotes. Along with decreased memory, mental adjustments occur after feedback from law enforcement that can potentially lead witnesses to preserve memories more like the misidentified individual rather than the actual suspect (pg. 285) page numbers are only used for quotes. The final aspect pertaining to misidentification leading to wrongful conviction is a question: how can it be avoided? The solution has proven to be a rather difficult task. McGuire, Kenny, and Grabic (2015) propose several ways in which misidentification can be avoided in the early investigative stage. One approach is to avoid using the same detectives involved in cases for identification procedures. This would eliminate the possibility of forming any bias as well as

10 MISIDENTIFCATION IN WRONGFUL CONVICTIONS 10 giving cues to the witness (post identification feedback) during lineup procedures. Another method is to use sequential lineup procedures instead of simultaneous lineups. Mentioned earlier, sequential lineups allow witnesses to view the face of one suspect at a time which reduces the chances of an erroneous identification. The last recommendation is to avoid reusing suspects with the same witness: Use of the same suspect across multiple identification procedures increases the likelihood that the witness will choose that person (pg. 603). The brief discussion on relative judgement previously can applied here because the witness will form new memories based on characteristics of the reused suspect. The research studied and shared in this proposal has demonstrated the flaws in eyewitness testimony, whether it be from any form of personal bias or inadequate identification procedures. The advances in forensic science (mentioned at the beginning of this paper) have paved the way for decreases in misidentification, and the outlook for a reduction in wrongful convictions is optimistic. Wells (1993) made a powerful observation by stating, it can be argued that it is not false identification per se that create a concern for the miscarriage of justice but rather the certainty with which such false identifications are sometimes made (p. 12). The tragedy of misidentification creates a domino effect in which the victim and misidentified suspect suffer greatly. As a result, the actual perpetrator is free which eventually produces further victims. Gross (2017) estimates that the 1,900 individuals exonerated from January 1989 to October 2016 spent a combined total of over 16,700 years in prison for crimes they did not commit; that is an average of nine years each (pg. 756) page numbers are only used for quotes. Although misidentification is a monumental offense to the innocent individual who is wrongfully convicted, there is a silver lining. The rates of known exonerations are rising, and

11 MISIDENTIFCATION IN WRONGFUL CONVICTIONS 11 faults in identification procedures are becoming known and repaired. Correcting these details will hopefully stop the injustice that is misidentification. Discussion of Sample Survey For this research, the survey that will be used will be a cluster random sample. This method has been chosen for this research because of the wide distribution of the sampling population. Bryman (2016) states, the primary sampling unit (the first stage of the sampling procedure) is not the units of the population to be sampled but groupings of those units (pg. 179). In this study, the sample will be individuals who feel they have been misidentified as the perpetrator of a crime and wrongfully convicted because of the misidentification. A random selection of 25 states in the USA. From those 25 randomly selected states 10% of the prisons will be selected. For states that have only one prison, that prison will be used. From the randomly selected prisons, 25% of the inmates will be randomly selected and will be given $25 for completed the questionnaire. For inmates who cannot read, my paid research staff will assist in completing the questionnaire. A sample of 2,500 incarcerated individuals were collected. This specific size sample was used because a low margin of error is needed, and it can be achieved with this sample size. Bryman (2016) explains that a 95% confidence interval can be reached if the sample has been selected per probability sampling concepts. Questionnaire The survey was constructed on prison inmates regarding misidentification in wrongful convictions. Incarcerated individuals received a questionnaire with questions concerning how

12 Number of Respondents MISIDENTIFCATION IN WRONGFUL CONVICTIONS 12 they felt about their conviction. The questions included in the questionnaire relate to the review of literature by offering the perspective of inmates who feel they have been misidentified. The questionnaire consists of 20 questions and is divided into two sections; seven demographic questions and 13 Likert Scale questions. The demographic section includes questions on sex, age, race, level of education, marital status, what crime the individual was accused of, and the length of sentence. The Likert Scale questions consist of information pertaining to inmate s feelings about how their case was handled during the investigative and sentencing stages of the criminal process. The questionnaire is available on Survey Monkey for the participants. Research findings can also be viewed by using the following hyperlink: In addition to Survey Monkey, the questionnaire can also be found in Appendix A. Results & Findings 20 The survey had a total of 2,500 participants. As seen in Figure 1, a majority (50%) of the respondents were between the ages of 18 and 24-years-old, 27% were between 25 and 34-yearsold, and 23% were in the 35 to 44-year-old range. Figure 1 Respondent Ages Age Range

13 Number of Respodents Number of Respondents MISIDENTIFCATION IN WRONGFUL CONVICTIONS 13 Figure 2 illustrates the participant s ethnicities. Of the 22 people who responded to the survey, 59% were white/caucasian, 32% were black/african American, 5% were Hispanic, and 5% were Native American. Figure 2 Respondent's Ethnicities White/Caucasian Black/African American Hispanic Native American Ethnicity Figure 3 displays the survey participant s crimes in which they had been convicted. As seen below, most respondents (36%) were convicted of theft. The other convictions included breaking and entering (9%), murder (9%), and attempted murder (5%). The remaining 40% of respondents did not specify the crime for which they had been convicted. Figure 3 Participant's Crimes Murder Attempted Murder Theft Breaking & Entering Not Specified Conviction Figure 4 represents the range in sentences the respondents received because of their convictions. Most of the participants (53%) received a sentence of two years or less for their

14 Number of Respondents MISIDENTIFCATION IN WRONGFUL CONVICTIONS 14 crimes. Twenty-one percent received a sentence of two to five years, 11% had a six to 10-year sentence, 5% were given an 11 to 15-year sentence, and 11% of participants will be incarcerated for more than 20 years. Figure 4 Length of Sentence Less than two years Two to five years Six to 10 years 11 to 15 years 16 to 20 years More than 20 years Length of Sentence Figure 5 displays the participant s responses to survey questions in regards to personal feelings about their conviction. When asked to respond to the statement, I am very angry about my conviction, the majority (55%) of the participants strongly agreed, 18% agreed, 18% were not sure, and only 9% strongly disagreed. In response to the statement truth has nothing to do with justice, 27% of the respondents strongly agreed and 23% strongly disagreed. Eighteen percent of respondents agreed while only 9% of participants disagreed. Twenty-three percent of respondents were not sure. Twenty-seven percent of the participants were not sure when asked to respond to the statement, something was wrong with the witness who identified me. Twenty-three percent of the respondents strongly agreed and 23% agree with that statement. Fourteen percent represented the number of respondents who both disagreed and strongly disagreed with that statement.

15 Number of Respondents MISIDENTIFCATION IN WRONGFUL CONVICTIONS 15 When asked to respond to the statement, my face is common so I am easily mistaken for other people, the majority (41%) of the participants agreed. Eighteen percent disagreed, and 14% represented the number of respondents who strongly agreed, strongly disagreed, and were not sure. The final statement regarding the participant s personal feelings about their conviction was, I feel that I was cheated. Thirty-six percent of the participants agreed with that statement, 27% strongly agreed, 27% were not sure, 5% disagreed, and 5% strongly disagreed. Figure 5 Respondent's Feelings Regarding Their Conviction I am very angry about my conviction. Truth has nothing to do with justice. Something was wrong with the witness who identified me. My face is common so I am easily mistaken for other people. I feel that I was cheated. Strongly Agree Agree Not Sure Disagree Strongly Disagree Respondent Questions Figure 6 illustrates the survey participant s responses to statements regarding their personal feelings concerning the attorneys, judge, and witnesses during their trial. When asked to respond to the statement, my attorney was incompetent, 32% of the respondents stated they were not sure. Twenty-three percent represented the number of respondents who strongly agreed and disagreed with the statement. Fourteen percent agreed and 9% strongly disagreed. Forty-one percent of participants strongly agreed the judge was unfair during their trial. Of the other participants who were asked to respond to whether they believed the judge was unfair, 32% were not sure. Fourteen percent agreed the judge was unfair, while 9% strongly disagreed, and 5% disagreed.

16 Number of Respondents MISIDENTIFCATION IN WRONGFUL CONVICTIONS 16 When asked to respond to the statement, I believe the prosecuting attorney was dishonest, 36% of the respondents strongly agreed. Thirty-two percent were not sure and 14% disagreed with the statement. Nine percent is the number that represents the respondents who agreed and strongly disagreed with that statement. Most of the respondents (32%) strongly agreed and agreed with the statement, I believe witnesses lied in court. Twenty-seven percent were not sure, 9% strong disagreed with that statement, and no one disagreed. Figure 6 Respondent's Feelings Regarding the Trial's Judge, Attorneys, and Witnesses My attorney was incompetent. The judge was unfair. I believe the prosecuting attorney was dishonest. I believe witnesses lied in court. Strongly Agree Agree Not Sure Disagree Strongly Disagree Respondent Questions The survey participants were also asked to respond to statements regarding their opinion concerning the jury selected for their trials, as shown in Figure 7. Most of the participants (32%) strongly agreed that the selection of the jury was biased, while 27% were not sure. Eighteen percent agreed that the selection of the jury was biased, 14% disagreed, and 9% strongly disagreed. When asked if they felt there was a lot of evidence in their favor thrown out of court, most respondents strongly agreed (32%) or agreed (27%). Twenty-three percent were not sure, and 9% of participants either disagreed or strongly disagreed.

17 Number of Respondents MISIDENTIFCATION IN WRONGFUL CONVICTIONS 17 Most of the participants (36%) strongly agreed that the jury did not take the necessary time to look over the evidence presented in court. Twenty-seven percent agreed, while 27% were not sure. Five percent represents the number of participants who disagreed and strongly disagreed that the jury did not take enough time to review evidence. In response to the statement, I feel sure that someone knows who committed the crime, 45% of the participants strongly agreed and 32% agreed. The other findings were 14% of respondents were not sure, 5% disagreed, and 5% strongly disagreed with that statement. Figure 7 Respondent's Feelings Regarding the Jury The selection of the jury was biased. There was too much evidence supporting me that was thrown out of court. The jury did not take I feel sure that the neccesary time to someone actually look over the knows who committed evidence. the crime. Strongly Agree Agree Not Sure Disagree Strongly Disagree Respondent Questions Summary 5 The topic of misidentification is important because the lives of the victims and the wrongfully convicted individuals are greatly impacted. As previously mentioned, misidentification causes injustice for both parties while the real perpetrator remains at large. Research collected on the various agencies including law enforcement, detectives, and court officials indicate that there are errors made during each stage of a crime investigation. This information provides valuable insight into the inconsistencies that need correcting. The data collected in this study was a cluster random sample. A random selection of 25 states was made from within the United States; 10% of prisons were selected from those

18 MISIDENTIFCATION IN WRONGFUL CONVICTIONS 18 states. Of those prison selections, 25% of the prison population was randomly selected and paid $25.00 for completing a questionnaire. In regards to demographic information, the survey results displayed the largest number of respondents to be in the 18 to 24-year-old age range, Caucasian, and serving less than a two-year sentence for their conviction. In response to being asked to describe the crime they had been convicted of, an equal number of participants stated they were charged with theft or they did not specify the crime for which they had been convicted. When asked to respond to statements concerning their feelings about their conviction, the results showed that most participants were very angry about their conviction and believed they had been misidentified due to having a common appearance. In addition, most respondents believed they had been cheated because of their trial judge being unfair, having dishonest attorneys, perjury, and jury bias. While conducting this research, one of the issues confronted was with non-response during the survey process. Although this error is to be expected to an extent, it resulted in inferences about the sample population and overgeneralization. Therefore, a truly representative sample was not achieved due to the low response rate of the sample population. References Bell, J. G., Clow, K. A., & Ricciardelli, R. (2008). Causes of Wrongful Conviction: Looking at Student Knowledge. Journal of Criminal Justice Education, 19(1), Retrieved from eds.b.ebscohost.com.bravecat.uncp.edu/ehost/pdfviewer/pdfviewer?vid=6&sid=1803f17b -426d-49eb a1fe261%40sessionmgr104. Berry, S., & Ytuarte, L. (2009). The Elephant in the Crime Lab. Forensic Examiner, 18(1), Retrieved from

19 MISIDENTIFCATION IN WRONGFUL CONVICTIONS 19 search.proquest.com.bravecat.uncp.edu/criminaljusticeperiodicals/docview/ /7 A D64178PQ/4?accountid= Bryman, A. (2016). Social Research Methods. New York, NY: Oxford University Press. Chambers, K. (2001). A Case of Mistaken Identity? The Psychology of Eyewitness Memory. Journal of College Science Teaching, 31(1), Colvin, E. (2009). Convicting the Innocent: A Critique of Theories of Wrongful Convictions. Criminal Law Forum, 20(2/3), doi: /s Davies, P. G., Hutchinson, S., Osborne, D., & Eberhardt, J. L. (2016). Victims Race and Sex Leads to Eyewitness Misidentification of Perpetrator s Phenotypic Stereotypicality. Social Psychological and Personality Science, 7(6), doi: dx.doi.org.bravecat.uncp.edu/ / Free, Jr., M. D. (2015). Wrongful Convictions. International Encyclopedia of the Social & Behavioral Sciences, 2, doi: Gould, J. B., & Leo, R. A. (2010). One Hundred Years Later: Wrongful Convictions After a Century of Research. The Journal of Criminal Law & Criminology, 100(3), Retrieved from content.ebscohost.com.bravecat.uncp.edu/contentserver.asp?t=p&p=an&k= &S=R&D=i3h&EbscoContent=dGJyMNLr40SeprY4v%2BvlOLCmr0%2BeqK9SsKy4T LGWxWXS&ContentCustom. Gross, S. R. (2017). What We Think, What We Know and What We Think We Know About False Convictions. Ohio State Journal of Criminal Law, 14(2), Retrieved from

20 MISIDENTIFCATION IN WRONGFUL CONVICTIONS 20 eds.b.ebscohost.com.bravecat.uncp.edu/ehost/pdfviewer/pdfviewer?vid=4&sid=4c7405a 7-ef c-11deac4a0347%40sessionmgr102. Lorenza, S. M. (2003). Factors Affecting the Accuracy of Eyewitness Identification. The Review: A Journal of Undergraduate Student Research, 6(9), Retrieved from McGuire, D. M., Kenny, T., & Grabic, A. (2015). Eyewitness Identification for Prudent Police. Policing: An International Journal, 38(4), doi: /pijpsm Reynolds, K. J., & Pezdek, K. (1992). Face Recognition Memory: The Effects of Exposure Duration and Encoding Instruction. Applied Cognitive Psychology, 6(4), doi: Shaw, J. I., & Skolnick, P. (1994). Sex Differences, Weapon Focus, and Eyewitness Reliability. The Journal of Social Psychology, 134(4), doi: dx.doi.org.bravecat.uncp.edu/ / Smalarz, L., & Wells, G. L. (2014). Confirming Feedback Following a Mistaken Identification Impairs Memory for the Culprit. Law and Human Behavior, 38(3), doi: /lhb Wells, G. L. (1993). What Do We Know About Eyewitness Identification? American Psychologist, 48(5), doi:

21 MISIDENTIFCATION IN WRONGFUL CONVICTIONS 21 Appendix A What is your sex? What is your age? What is your race? What is your level of education? What is your marital status? Describe the crime you have been accused of. What is your prison sentence? I am very angry about my conviction. (Strongly Agree, Agree, Not Sure, Disagree, Strongly Disagree) I believe the prosecuting attorney was dishonest. (Strongly Agree, Agree, Not Sure, Disagree, Strongly Disagree) Witnesses lied in court. (Strongly Agree, Agree, Not Sure, Disagree, Strongly Disagree) The judge was unfair. (Strongly Agree, Agree, Not Sure, Disagree, Strongly Disagree) My attorney was incompetent. (Strongly Agree, Agree, Not Sure, Disagree, Strongly Disagree) The selection of the jury was biased. (Strongly Agree, Agree, Not Sure, Disagree, Strongly Disagree) Truth has nothing to do with justice. (Strongly Agree, Agree, Not Sure, Disagree, Strongly Disagree) Something was wrong with the witness who identified me. (Strongly Agree, Agree, Not Sure, Disagree, Strongly Disagree) There was too much evidence supporting me that was thrown out of court. (Strongly Agree, Agree, Not Sure, Disagree, Strongly Disagree) My face is common so I am easily mistaken for other people. (Strongly Agree, Agree, Not Sure, Disagree, Strongly Disagree) The jury did not take the necessary time to look over the evidence. (Strongly Agree, Agree, Not Sure, Disagree, Strongly Disagree) I feel that I was cheated. (Strongly Agree, Agree, Not Sure, Disagree, Strongly Disagree) I feel sure that someone knows who actually committed the crime. (Strongly Agree, Agree, Not Sure, Disagree, Strongly Disagree)

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