Eyewitness testimony is a powerful form of evidence, and this is especially true in the United States criminal legal system. At the same time, eyewitness misidentification is the greatest contributing factor to wrongful convictions proven by DNA testing. In this paper, I offer a close examination of this tension between the enormous epistemic weight that eyewitness testimony is afforded in the United States criminal legal system and the fact that there are important questions about its reliability as (...) a source of evidence. In Sections 1 and 2, I argue that lineups and interrogations often function by way of extracting testimony from an eyewitness through practices that are manipulative, deceptive, or coercive. I then show, in Section 3, that when testimony that is extracted in these ways is given an unwarranted excess of credibility, the eyewitness in question is the victim of what I call agential testimonial injustice. I conclude that since much of the testimony of eyewitnesses is both extracted and given an excess of credibility, there is a fairly widespread form of epistemic injustice being inflicted upon testifiers in the United States criminal legal system. This calls for reforms along both dimensions—lineups and interrogations should go through a witness's epistemic agency, rather than bypassing, exploiting, or undermining it, and the weight of the resulting testimony should be viewed in the broader context of its significant fallibility. (shrink)

Eyewitness testimony is both an important and a notoriously unreliable type of criminal evidence. How should investigators, lawyers and decision-makers evaluate eyewitness reliability? In this article, I argue that Testimonial Inference to the Best Explanation is a promising, but underdeveloped prescriptive account of eyewitness evaluation. On this account, we assess the reliability of eyewitnesses by comparing different explanations of how their testimony came about. This account is compatible with, and complementary to both the Bayesian framework of rational (...) eyewitness evaluation and with prescriptive methods for eyewitness assessment developed by psychologists. Compared to these frameworks, the distinctive value of thinking in terms of competing explanations is that it helps us select, interpret and draw conclusions from the available evidence about the witness’s reliability. (shrink)

Empathy is important in our digitized and polarized world and an important aspect of education. What contribution can history teachers make to develop this in their students? In this study we investigated whether a lesson unit making use of eyewitnesses and designed from six pedagogical principles, resulted in more confidence in the ability to empathize, attributed importance to empathy and understanding of empathy by 10th grade students. In addition, we investigated the differences between two conditions: the use of a guest (...) speaker versus eyewitnesses in a documentary. In this quasi-experimental intervention study, we used a pretest-posttest-follow-up design. The data were collected via questionnaires containing closed and open questions. The results showed that students (N = 97) in both conditions gained confidence in their ability to empathize and improved their ability to explain what empathy means and why it is important. After two months, progress on these items was still significant. In the condition with the guest speaker students scored significantly higher on understanding empathy than students who participated in the lesson unit with the documentary. This study contributes to the understanding of developing empathy through the use of eyewitnesses in history classes and the measurement of students’ understanding of empathy. (shrink)

By turns beautiful, poignant, frightening, and funny, Eyewitness is a personal pictorial record of life in Northern Ireland over nearly forty years. Murphy's photographs are accompanied by detailed and candid captions revealing the events, people, and atmosphere in the region. This book is distributed for O'Brien Press, Dublin and is for sale only in the United States, it's territories and dependencies, Canada, and the Philippines.

PART 9: GRAVITY'S ETHICSThis isn't a hospital! It's an insane asylum! And it's your fault! Shaking her head lightly, Doctor Van Tintelen leaves the room and softly closes the door. Empathy streaming through her veins, she never gets used to the unpolished grief of a patient she has to tell of inevitable death, never. She thinks, “There should be pipes to drain the tears in every room, or at least rinsing basins for grief. What a job.” The crying is that (...) of the sisters Barrio. Miranda and Monica are twins who always refer to themselves as M&M. Though Monica cries the hardest, it is Miranda who was just told that her breast cancer has spread into her liver. No more treatment available.“Don't cry, Monica, I took the risk purposely. We both knew breast cancer runs in our family. You had the test, I didn't.”“And now you see the result, Miranda, you are going to die. We aren't even fifty yet. Damn.” The irony is that the clock in the room doesn't work, its pointers silent and stiff.“Do you really think you are better off? I've never completely understood why you had the preventive double mastectomy.”“I have never felt less of a woman. You know that.”“I know, but some men felt differently about it.”The remark hurts Monica almost physically, and Miranda apologises immediately. “Sorry, sweetheart, I shouldn't have said that. The sisters embrace for the hundredth time.”“Maybe I was too much of a coward,” Miranda says, resigned, “or too proud of my breasts.” For a second she lifts the big breasts sadly with her hands. Cynically: “After all, they were my trumps in eroland.”“A coward? You? How about me?” Monica seems to calm down somewhat. “I was too afraid of the continual fear …. (shrink)

While history is important to Luke as he writes his “orderly account,” history here is the vehicle of kerygmatic art, not art in its modern expression—the chic pastime of a jaded bourgeoisie—but art in service of the conversion and sanctification of the church.

Part 10: The very old man and the sea of tears‘There is no time to waste, then, is there?' ‘He needs to be treated.’‘But he is 79 years old.’Two doctors in conflict. As happens often. The subject of the conversation is Mr Tyson, admitted to the hospital because of an aneurysm in his abdomen. Sarah Walters said ‘treat’. ‘Nonsense, too old, too risky’ is the opinion of Dr Jones. The squabble continues.Sarah: ‘So what? Does old age exclude you from society? (...) Of course we have to treat him.’‘But the investment will only last for a few years, and think of the risks, he may die from the operation. He should go home and, well, live what there is to live.’She shakes her head, her hair giving her a red aura. ‘I think he ought to have the operation.’‘I think it would be best if he should accept that time is running out, that life is finite, the whole existential rigmarole, et cetera.’‘Quite presumptuous of you to think he has not accepted that. Why? Just because he is old and did not kill himself?’ Sarah is indignant. ‘If he had done just that, we would have lamented about how we do not take care of our elderly, that society doesn't care, and that certainly there is no right to die unless your situation is totally hopeless and you're in a lot of pain. It doesn't make sense; in public health one does everything to increase life expectancy. Countries are proudly comparing themselves on the life expectancy list: mine is longer than yours. We worry because people have these unhealthy lifestyles, they are obese, they smoke, they get no exercise and they live a couch potato life. And then, lo and behold, they do grow old, in fact, and we go: …. (shrink)

Part 12: The fall of the house of ethics‘Sometimes a cliché is the best way to make ones point’From: Whatever works.For some seconds Gordon is blinded by the lights the television crews direct at him. More than 20 cameras focus on him, and one journalist yells “there he is!” Even Gordon is not used to that much attention, but vanity is a speedy advisor. Within seconds he has clad himself in the aura of important person, and knowledgeable ethicist, even if (...) he has no idea what that many journalists expect from him at precisely this moment. Particularly when he has little time, preparing for the world conference on bioethics in Singapore. Then a wave of disappointment hits the gathered gossip-mongering press. The floodlights are turned off, microphones are lowered, the buzzing quiets down.“Guys, this is not Testosterone Tony.”This Tony, the athlete who participated in the Olympic Games in Beijing, at that moment leaves the hospital by a back door, far away from the paparazzi. The armoured car of his sponsor Nanosock disappears from sight softly humming and brings him to a private clinic where he will be pampered and detoxified. His career in sports is over, but his reputation can certainly sell sports socks with nanofibres against sweaty feet. The only price he has to pay is to admit he has sweaty feet, not true, but a small price to pay considering the alternatives. In front of the hospital the disappointed and somewhat offended Gordon tries to save his ego and asks the journalists:“Maybe I can be of help? Do you want an ethical analysis of Testosterone Tony and enhancing evolution? My name is Gordon Mc….” Nobody listens, nobody reacts.A day later. Nurses Jake and Gwen return from the medication round. Jake looks at the unlit room in the Nuttree …. (shrink)

Eyewitnesses are susceptible to recollecting that they experienced an event in a way that is consistent with false information provided to them after the event. The effect is commonly called the misinformation effect. Because jurors tend to find eyewitness testimony compelling and persuasive, it is argued that jurors are likely to give inappropriate credence to eyewitness testimony, judging it to be reliable when it is not. It is argued that jurors should be informed about psychological findings on the (...) misinformation effect, to ensure that they lower the credence that they give to eyewitness testimony to reflect the unreliability of human memory that is demonstrated by the effect. Here I present a new argument, the overcritical juror argument, to support the conclusion that eyewitnesses are likely to make inappropriate credence assignments to eyewitness testimony. Whereas previously authors have argued that jurors will tend to give too much credence to eyewitness testimony, I identify circumstances in which jurors will give too little credence to some pieces of testimony. In my view jurors should be informed by psychological findings relating to the misinformation effect to ensure that they do not lower the credence that they give to eyewitness testimony when they should not. (shrink)

In a typical experiment on the misinformation effect, subjects first watch some event, afterwards read a description of it which in the experimental group includes some incorrect details, and answer questions relating to the original event. Typically, subjects in the misled experimental group report more false details than those from the control group. The main purpose of the presented study was to compare two methods of reducing the misinformation effect, namely - warning against misinformation and reinforced self-affirmation. The reinforced self-affirmation (...) consists of two elements: the participants recall their greatest achievements of life, and are being given a positive feedback about their performance in a memory task. The obtained results showed that the reinforced self-affirmation was more effective than warning, although the latter also caused a significant reduction of the vulnerability to misinformation. (shrink)

Eyewitnesses to crimes sometimes search for a culprit on social media before viewing a police lineup, but it is not known whether this affects subsequent lineup identification accuracy. The present online study was conducted to address this. Two hundred and eighty-five participants viewed a mock crime video, and after a 15–20 min delay either viewed a mock social media site including the culprit, viewed a mock social media site including a lookalike, or completed a filler task. A week later, participants (...) made an identification from a photo lineup. It was predicted that searching for a culprit on social media containing the lookalike would reduce lineup identification accuracy. There was a significant association between social media exposure and lineup accuracy for the Target Present lineup, but for the Target Absent lineup there was no significant association with lineup identification accuracy. The results suggest that if an eyewitness sees a lookalike when conducting a self-directed search on social media, they are less likely to subsequently identify the culprit in the formal ID procedure. (shrink)

ABSTRACTWomen television journalists have long faced criticism and harassment regarding their appearance. The normalization of social media engagement in newsrooms, where journalists are expected t...

Two types of variables impact face recognition: estimator variables that cannot be controlled and system variables that are under direct control by the criminal justice system. This article addresses some of the reasons that eyewitnesses are prone to making errors, particularly false identifications. It provides a discussion of the differences between typical facial memory and eyewitness studies and shows that the two areas generally find similar results. It reviews estimator variable effects and focuses on system variables. Traditional facial recognition (...) researchers rarely study system variables but reveal important factors that police and policy makers should consider with regard to eyewitness identification and the courts. It concludes that there is still room for considerable improvement in identification procedures and wants to encourage more system variable research as a means of reducing wrongful convictions. (shrink)

The early phenomenologist József Somogyi was one of, if not the first to write a monograph specifically dedicated to the _history_ of the nascent phenomenological philosophy. The two letters written by him during his stay in Freiburg in WS 1923/24, which are hereby published and discussed for the first time, are, similarly, of interest first due to the rare, valuable insight they can provide – when combined with a detailed microhistorical reconstruction of the surrounding constellation – into the elaborate structures (...) of mid-1920s Freiburg phenomenology around Edmund Husserl (directly after Martin Heidegger’s departure to Marburg). Ranging from Husserl’s teaching style to interactions between phenomenology and Catholic thought and to preconditions of the extraordinary philosophical creativity that distinguished early phenomenology, they offer a snapshot that differs significantly from the established narratives of subsequent privileged members of the Phenomenological Movement. Somogyi’s letters thus exemplify the possibility of reclaiming the plurivocity and philosophical richness of the early Phenomenological Movement by virtue of democratizing the historiography, i.e., giving voice to neglected historical actors (often originating from the peripheries). What is at stake is, however, not merely a more nuanced historical understanding of a particular epoch of early phenomenology. Quite the contrary, as I am finally going to argue on the basis of an adjacent short episode from the reception history of Husserl’s (or Eugen Fink’s) selfinterpretation, Somogyi’s case also exemplifies the possibility of a transformation in our understanding of the history of phenomenology (inspired by the methodological revolutions which took place in other compartments of the historiography of philosophy): namely to make the intricate, simultaneously conceptual and historical phenomena of the history of phenomenology a genuine subject matter of contemporary phenomenological research. (shrink)

Replying to Theaetetus’ suggestion that knowledge is true opinion at Tht. 200e, Socrates remarks that ‘a whole profession’ testifies against this definition. The orator practises the art of persuasion, not to teach people, but make them believe whatever he wants. If a robbery has taken place, for example, he cannot in a short time teach adequately the truth about what happened to people who were not on the scene.

Reports of anomalous experiences are to be found in all known societies, both historically and geographically. If these reports were accurate, they would constitute powerful evidence for the existence of paranormal forces. However, research into the fallibility of human memory suggests that we should be cautious in accepting such reports at face value. Experimental research has shown that eyewitness testimony is unreliable, including eyewitness testimony for anomalous events. The present paper also reviews recent research into susceptibility to false (...) memories and considers the relevance of such work for assessing reports of anomalous events. It is noted that a number of psychological variables that have been shown to correlate with susceptibility to false memories also correlate with the tendency to report paranormal and related anomalous experiences. Although attempts to show a direct link between tendency to report anomalous experiences and susceptibility to false memories have had only limited success to date, this may reflect the use of inappropriate measures. (shrink)