Fundamental Research on Memory Enables a Robust Criminal Justice System
Submitting Institution
Royal Holloway, University of LondonUnit of Assessment
Psychology, Psychiatry and NeuroscienceSummary Impact Type
LegalResearch Subject Area(s)
Medical and Health Sciences: Public Health and Health Services
Studies In Human Society: Criminology
Psychology and Cognitive Sciences: Psychology
Summary of the impact
The development of a robust criminal justice system is vital in any
civilised society and benefits
victims, witnesses, police, suspects, and the general public. Research in
the Department of
Psychology at Royal Holloway, University of London has investigated
fundamental principles
underlying memory retrieval in the context of criminal justice scenarios
in which memory may be
particularly vulnerable. This research has had major impacts on the way in
which police interview
witnesses to a crime, and on the way in which video identification parades
are conducted. It has
also led indirectly to significant developments in the way in which
evidence from very young
children is treated in court.
Underpinning research
This research has been led by Professor Amina Memon, who joined the
Department of Psychology
in 2009. Though her research on psychological aspects of the procedures
for interviewing
witnesses naturally stretches back to her earlier appointments, Memon has
consolidated this
programme of research at Royal Holloway. This new research has made a material
and distinct
contribution to creating impacts of considerable reach and
significance. Memon has been
supported by a team of postdoctoral researchers and PhD students at Royal
Holloway including
Dr. Julie Gawrylowicz, Dr. Katie Maras, Mr. Gary Dalton, Dr. Ruth Horry,
Ms. Jess Darby, and Ms.
Francesca Ainsworth.
Memon was one of the first researchers in the UK to study the
psychological aspects of the
Cognitive Interview, a technique for interviewing witnesses based on
theoretical principles of
memory retrieval. Supported by grants from the ESRC, NSF, Leverhulme Trust
and British
Academy, Memon's rigorous laboratory and field work in her previous posts
was instrumental in
isolating the effective components of the Cognitive Interview, and in
evaluating how the Cognitive
Interview compares to other interviewing techniques.
Since her appointment at Royal Holloway, Memon has advanced this body of
research through EU
funding (2009-2010) by conducting a major meta-analysis and study-space
analysis covering 25
years of research on the Cognitive Interview [1]. This piece has revealed
(a) that the Cognitive
Interview results in a large and significant increase in the recall of
correct details from witnesses
and no increase in confabulation relative to a control structured
interview; (b) that the Cognitive
Interview improves the reliability of older witnesses' memories in
particular; and (c) that the
Cognitive Interview can be shortened and simplified under certain
conditions to assist in the
interview of vulnerable witnesses such as older adults (see also [2]).
Subsequent funding from the
Leverhulme Trust (2010-2012) allowed Memon's research group to discover
why it is that the
Cognitive Interview assists the memory retrieval of older adults in
particular, and funding from the
ESRC (2012-2013) enabled the development of Cognitive Interview procedures
for people with
autistic spectrum disorder.
Since her appointment at Royal Holloway, Memon has also established a
completely new line of
research that is already delivering significant and far-reaching
contributions to the development
and assessment of video identification parades (i.e. video `line-ups').
Video identification parades
can reduce distress for witnesses, and can be conducted more easily and
efficiently than live
parades. Yet, they were introduced in over 30 police forces across the UK
in the absence of
empirical evidence of their performance compared to live parades. Recent
research by Memon's
group at Royal Holloway has established that while video parades yield the
same `hit' rate as live
parades (i.e. choosing the suspect), they also yield a significantly
larger number of `false alarms'
(i.e. choosing a volunteer instead of the suspect) than live parades under
certain conditions [3-5].
In the light of these results, Memon's group used ESRC Knowledge Transfer
funding (2010-2011)
to analyse details of in-house identification procedures from every police
force in England, Wales,
and Northern Ireland. Results showed substantial inconsistency in the
procedures and practices
used during video parades, leading Memon to propose national guidance
detailing standardised
procedures to which all police forces should adhere.
References to the research
Outputs
2. Holliday, R., Humphries, J., Milne, R., Memon, A., Houlder, L., Lyons,
A. & Bull, R. (2012).
Reducing misinformation effects in older adults with cognitive interview
mnemonics. Psychology &
Aging, 27, 1191-1203.
3. Horry, R., Memon, A., Wright, D. & Milne, R. (2012). Predictors of
eyewitness identification
decisions from video lineups in England: A field study. Law & Human
Behavior, 36, 257-265.
4. Havard, C., Memon, A., Laybourn, P., & Cunningham, C. (2012).
Own-age bias in video
lineups: A comparison between children and adults. Psychology, Crime
& Law, 18, 929-944.
5. Havard, C., Memon, A., Clifford, B. & Gabbert, F. (2010). A
comparison of video and static photo
lineups with child and adolescent witnesses. Applied Cognitive
Psychology, 24, 1209- 1221.
6. Memon, A., Havard, C., Clifford, B., Gabbert, F., & Watt, M.
(2011). A field evaluation of the
VIPER system: A new technique for eliciting eyewitness identification
evidence. Psychology,
Crime, & Law, 17, 711-729.
Research Funding
2012-2013, Economic & Social Research Council — Postdoctoral
Fellowship to Katie Maras.
Eyewitness testimony by adults with autistic spectrum disorder. £83,917.
2010-2012, The Leverhulme Trust. Improving accuracy in forensic
interviews via meta-cognitive
monitoring (PI). £96, 449
2010-2011, Economic & Social Research Council — Knowledge Transfer.
Making the best use of
video identification parades and meeting the needs of vulnerable witnesses
(PI). £70,638
2007-2010, European Framework Programme "New and Emerging Science and
Technology". The
assessment of eyewitness memory accuracy: A multi-componential
correspondence-oriented
approach (PI). Royal Holloway budget £97,184
Other Evidence of Quality
Memon is Fellow of the Royal Society of Arts, the British Psychological
Society, and the
Association for Psychological Science.
Details of the impact
This research is delivering substantial and far-reaching impacts on
aspects of the criminal justice
system including the development of protocols for interviewing witnesses,
the development of
standardised procedures for staging video identification parades, and the
development of
processes for handling children and other vulnerable witnesses. The
beneficiaries of this research
are: (a) victims and witnesses, who are questioned using evidence-based
techniques for
recovering reliable information about a crime; (b) police, who by using
standardised and evidence-
based processes are less likely to see their evidence challenged in court;
(c) judges and juries,
who are better able to reach the correct verdict as a result of reliable
evidence presented to them;
(d) suspects, who as a result of robust evidence-based investigative
processes are less likely to be
wrongly accused; and (e) the general public, who benefit from a fair and
effective criminal justice
system.
Interview Protocol. Royal Holloway research on the Cognitive
Interview has had a significant
impact both nationally and internationally on the way in which police
gather information from
witnesses. The Cognitive Interview is recommended in the Ministry of
Justice national guidance on
how to question witnesses and vulnerable witnesses ("Achieving Best
Evidence in Criminal
Proceedings" March, 2011, where Memon's work is cited), and is used by
every police force in
England and Wales. The Cognitive Interview has also been used in Iceland,
Finland, France,
Spain, Belgium, Brazil, South Africa, Brunei, the Netherlands, Germany,
Israel, Cyprus, Canada,
USA, Portugal, Greece, Australia, Mauritius, Norway, New Zealand, and
Singapore.
This research has also achieved impact through training that Memon
delivers to professionals who
conduct investigative interviews. For example, Memon recently delivered a
two-day workshop on
the Cognitive Interview which attracted over 40 professionals including
representatives from the
police and judiciary from Brazil, Canada, Finland, France, Sweden, Norway,
Spain, and the UK
(2011). This training is directly informed by research conducted at Royal
Holloway. For example,
one of the most important contributions of Memon's meta-analysis is that a
modified version of the
Cognitive Interview can be as effective as the full Cognitive Interview
[1]. Hence, in the delivery of
training, Memon presents this modified version as a viable alternative,
thus dealing with concerns
about the time and resource needed to conduct the full Cognitive
Interview. Similarly, the meta-
analysis [1] revealed that using the Cognitive Interview as soon as
possible after a crime has been
committed can reduce forgetting of critical detail compared with the
standard interview. Memon
communicates this finding through training that she offers, and the
Cognitive Interview has now
been introduced as a tool for frontline investigators, who are most likely
to be the first to arrive at
the scene of a crime.
Video Identification Parades. Royal Holloway research on the
potential shortcomings of video
identification parades [3-5] led directly to the development of
standardised guidance on the
procedures that should be followed when conducting such parades. This
guidance (developed by
Memon) has now been approved and endorsed by the Association of Chief
Police Officers and the
Crown Prosecution Service (2013). It has already resulted in changes in
the practices of several
police forces (Surrey, Northumbria, Devon and Cornwall Police, Gwent, West
Yorkshire and the
Police Service in Northern Ireland), and will shortly be implemented
nationally.
Protocols for Treating Child Witnesses. Royal Holloway research on
interviewing children and
other vulnerable witnesses (e.g. [5]) has led indirectly to significant
developments in the treatment
of evidence from child witnesses. Following an appeal in 2009 against
conviction in R v Barker
(the sister of Baby P), the Ministry of Justice invited Memon to review
research on the factors that
could impact upon the reliability of evidence from young children. This
review has played an
instrumental role in informing the courts about the problems of lengthy
time delays between
investigation and trial in cases in which young children are involved.
This research on child
witnesses has also created impacts at grass-roots level through the
training that Memon delivers.
For example, Memon recently delivered a series of half-day modules on
assessing the reliability
and credibility of witnesses, as part of the training provided to new and
experienced Justices of the
Peace (JPs) in Scotland (2010-2011). These events attracted approximately
70 experienced JPs
and 160 new JPs. The deputy chair of the Judicial Studies Committee
Scotland praised these
training events, writing in a letter to Memon that "I have spoken to many
JPs who ...have told the
JSC that [Memon's training] has had a significant impact in changing the
way they go about the
task of examining the evidence presented to them in court.... I am
confident that this improvement
will have contributed to the delivery of just outcomes in our judicial
process in Scotland".
Sources to corroborate the impact
- The Ministry of Justice national guidance on interviewing witnesses
recommends use of the
Cognitive Interview and can be found here:
(http://www.cps.gov.uk/publications/docs/best_evidence_in_criminal_proceedings.pdf).
Memon's
work is cited in the document.
- The role of Memon's research in the development of the Cognitive
Interview and her role in
training members of the police and judiciary on its use can be verified
by the Principal Research
Officer, National Policing Improvement Agency.
- The role of Memon's research in developing the national guidance for
use of video identification
parades can be verified by the Deputy Chief Constable, Warwickshire
Police.
Confirmation that this guidance has been approved by the Crown
Prosecution Service can be
obtained through Crown Advocate, Organised Crime Division.
- The role of Memon's research in developing procedures around the
treatment of evidence from
child witnesses can be verified by the National Vulnerable Witness
Adviser, Specialist Operations
Centre.
- Memon's role in training new and experienced JPs can be verified by
the all Scotland Sheriff,
Kirkcaldy Sheriff Court.