An Exercise in Exceptions

"We find the defendant...innocent!  [whisper]  I mean, not guilty!" If you’ve ever heard the jury foreman give a jury’s decision, you’ll notice that they never say the defendant is “innocent.” Instead, they’ll conclude that the defendant is “not guilty.” Although the terms may sound interchangeable, “not guilty” and “innocent” actually mean two different things. “Not guilty” is a legal conclusion, whereas “innocent” means the person didn’t commit the crime. For example, think of O.J. Simpson. In a court of law, he was found “not guilty” of killing his ex-wife – but if you ask the majority of Americans , they’ll tell you he’s not innocent. Here, we’re going to talk a bit about the distinction between the two conclusions – and why it matters to psychology and law researchers*. When we say that “not guilty” is a legal decision, we mean that it’s a decision based on criteria described by laws – namely in the U.S., if the prosecutor can convince the jury of the defendant’s...

The eyewitness lineup is an iconic scene in criminal investigations. Just reading that sentence probably summoned up a specific image in your mind: the one way glass, separating two very different rooms. In the first, four to eight (probably) men stand, slightly nervous, staring straight ahead. In the other, an officer stands with an eyewitness, asking them if they recognize any of the people in the other room. Sometimes, the witness is seated at a desk looking at photographs of the men. In either situation, your eyes are drawn to one guy in particular. The witness thinks for a long time, and then picks a person. The officer gives a huge sigh of relief and reassures the witness, “You picked the guy, thanks.” This stereotype of eyewitness lineups is likely based on movies and media – and it is, in many instances, consistent with how lineups are conducted in real life. Unfortunately, many of the things that happen in lineups like this are problematic can lead to the wrong person be...