Cognitive Psychology and the Law

Cognitive psychologists study the processes of the mind. In respect to the law, they study not only the mind of the criminal but most likely the minds of those involved in the court process itself (i.e., the cognitive processes of the judge and the jury). Cognitive psychologists are particularly interested in eyewitness identification. As an example, there was a landmark trial in which the prosecution's case was based on testimonies of various eyewitnesses. The defense called in an expert witness psychologist who argued against their testimony; the defendant was subsequently not convicted.

There are many things that can influence eyewitness perception. The first is the initial perception of the incident, such as the lighting and the distance from the crime. Things affecting the initial perception include focus, state of mind, expectations, race, and age. The second factor in eyewitness perception is the fact that memory can be selective. Many times people see what they want to see and do not see what they do not want to see. The third factor is that the suggestibility and the phrasing of the questions posed by police and attorneys can influence what witnesses think they remember.

Cognitive psychologists also study accuracy of memory and the detection of deception. For instance, they may study what can influence a confession that a person makes about a crime. There have been many cases where people confess to crimes they did not commit. There are usually two general strategies used by interrogators to persuade a person to confess. The first involves intimidation (e.g., telling the suspect that there is a lot of evidence against him and that not confessing will make it even worse). The second is sympathizing, telling the suspect that you are his/her friend and implying that it is OK to confess without serious consequences. Another interesting subject that has recently been brought to attention and created controversy is the reliability of repressed memories in testimony.