{"id":18264,"date":"2017-08-04T08:22:39","date_gmt":"2017-08-04T12:22:39","guid":{"rendered":"https:\/\/blogarchive.utc.edu\/news\/?p=18264"},"modified":"2017-10-30T09:31:23","modified_gmt":"2017-10-30T13:31:23","slug":"working-conviction-utcs-david-ross-judges-veracity-lineups","status":"publish","type":"post","link":"https:\/\/blogarchive.utc.edu\/news\/2017\/08\/working-conviction-utcs-david-ross-judges-veracity-lineups\/","title":{"rendered":"Working with conviction: UTC’s David Ross judges the veracity of lineups"},"content":{"rendered":"
\"\"

Dr. David Ross is a UC Foundation professor in psychology and a member of graduate faculty.<\/p><\/div>\n

The day he got out of prison after 20 years, Anthony Williams went to McDonald\u2019s.<\/p>\n

A photo from that day shows him sitting in the backseat of a car, a McDonald\u2019s cup next to him and a cellphone in his hand.<\/p>\n

\u201cHe wanted to go to McDonald\u2019s and he wanted to hold a cellphone. He\u2019d never held a cellphone. He said, \u2018I\u2019ve seen them on TV, but I\u2019ve never got to touch one,\u2019\u201d recalls UTC\u2019s Dr. David Ross.<\/p>\n

It was the work of Ross and UTC graduate students that convinced the court to overturn Williams\u2019 conviction on a murder charge; he was 14 when he went in, 34 when he got out.<\/p>\n

Through their research, they showed that testimony from eyewitnesses couldn\u2019t possibly be right; they testified that Williams had gone to their school and lived in a particular apartment complex. He had done neither.<\/p>\n

\u201cI\u2019ll never forget him calling me and he said, \u2018I\u2019m on the cellphone and do you know what about McDonald\u2019s? They give free refills,\u2019\u201d Ross says. \u201cThen he said, \u2018Nothing in prison is free.\u2019\u201d<\/p>\n

For most of his 30-year career in psychology, Ross, a UC Foundation professor and a member of the graduate faculty, has examined police lineups, determining whether the correct procedures were followed and if evidence that comes out of them is \u201cclean.\u201d<\/p>\n

\u201cLineups are one of the leading causes of wrongful convictions in the American legal system,\u201d he says. \u201cPeople make mistakes picking out the wrong guy in a lineup, oftentimes because the procedures used to collect the identification are faulty.<\/p>\n

\u201cBut you\u2019ve gotta have them, so you\u2019ve gotta learn how to make sure that we do it accurately for everybody. My entire attention is to increase the accuracy of the legal system,\u201d he adds.<\/p>\n

Award winner<\/strong><\/h3>\n

Blunt-speaking and pugnacious with a side of brash, Ross has been called to cases including murders, assaults and bank robberies. As they did in the Williams case, he and his team look at procedures used in the investigation and the evidence they produced. After their examination, they issue a report on the findings.<\/p>\n

\u201cA report can help; it can hurt. I don\u2019t care,\u201d Ross says. \u201cI only take cases where there\u2019s been a really big screw-up procedurally. I\u2019m not trying to win the case for either side. I tell them up front: I\u2019m a scientist, I\u2019ll tell you good, bad and ugly.\u201d<\/p>\n

Based on his work, Ross was given the 2017 Liberty Bell Award from the Chattanooga Bar Association, an honor \u201cto recognize community service that has strengthened the American system of freedom under law,\u201d the association says.<\/p>\n

\u201cHis work has not been to advance a plaintiff\u2019s cause over a defendant in a civil case or vice versa; or the prosecution\u2019s cause over a defendant\u2019s, or vice versa,\u201d the association said in a news release.<\/p>\n

\u201cHe has worked with plaintiff lawyers and defense lawyers in countless civil cases, to assist them in jury selection, witness preparation, and focus groups to identify strengths and weaknesses in the case. He has also worked with prosecutors across the state, police departments, and defense counsel in criminal proceedings to be sure that the most scientifically reliable and accurate testimony is developed and presented considering the weaknesses of human perception and memory.\u201d<\/p>\n

Following the rules<\/strong><\/h3>\n

The proper procedures for lineups are detailed by instructions released in 1999 by the U.S. Department of Justice. The guidelines have been tweaked through the years, including a manual published in 2003 by the International Association of Chiefs of Police.<\/p>\n

Some states \u2014 New Jersey and North Carolina, for example \u2014 make it mandatory that law enforcement follow the guidelines. They\u2019re also an integral part of investigations in some metro areas.<\/p>\n

Some states, some cities \u2026 but not all.<\/p>\n

\u201cThe hardest part is that we have all this research, decades of research, that shows how lineups should be done,\u201d says Emily Pica, who has a Ph.D. in psychology and has worked with Ross for years on lineup research. \u201cIt\u2019s hard for research to get into the legal system. While there are guidelines, we don\u2019t know if those guidelines are being followed.\u201d<\/p>\n

Ross and Pica have written books and peer-to-peer articles on eyewitnesses and lineups; Ross gives presentations to law enforcement departments across the country, including the Tennessee Bureau of Investigation and the Tennessee District Attorneys General Conference.<\/p>\n

\u201cMy whole mission is to try to train law enforcement how to do it right based on research,\u201d he says \u201cWe know how memory works, so we\u2019re more likely to get the bad guy and less likely to have a bad conviction. That\u2019s my only interest.<\/p>\n

\u201cOur science doesn\u2019t have any value if it doesn\u2019t apply to the real world.\u201d<\/p>\n

Digging deep<\/strong><\/h3>\n

With Williams, Ross and his graduate students spent about 600 hours \u2014 the equivalent of 25 days \u2014 examining court plowing through eyewitness lineups and other court documents. They came to the conclusion that the eyewitnesses made serious mistakes, the worst of which was placing Williams at the scene of the crime even though he wasn\u2019t there.<\/p>\n

\u201cIt was one of the worst lineups, worst representation I\u2019ve ever seen in my 30 years of doing this,\u201d says Ross.<\/p>\n

But such problems are not an uncommon in lineups, he says.<\/p>\n

\u201cWe\u2019re very good at recognizing familiar faces. We\u2019re terrible at remembering where we\u2019ve seen them,\u201d he says.<\/p>\n

If a lineup includes a familiar face, even if it\u2019s not the suspect \u2014 or even if the suspect is not in the lineup at all \u2014 the witness may think, \u201cOh yeah, he\u2019s gotta be there. I recognize him and he wouldn\u2019t be in the lineup if he weren\u2019t a suspect.\u2019\u201d<\/p>\n

Still, Ross says lineups are \u201cpretty accurate if you do it right.\u201d<\/p>\n

\u201cI think eyewitness testimony is misperceived. People think that it\u2019s highly inaccurate, but that\u2019s not true. It can be extremely accurate if it\u2019s collected properly, if they follow the proper procedures.\u201d<\/p>\n

At their core, lineups are all about \u201ccognitive and social psychology,\u201d Ross says. \u201cIt\u2019s how people think and process information.\u201d<\/p>\n

The memory of eyewitnesses, even if there\u2019s no doubt they actually saw the crime take place, can be influenced by multiple factors. Was there a gun in their face, for instance? Were they beaten up? What was the lighting like? How long did the actual crime take? How long has it been between the time of the crime and the lineup?<\/p>\n

In their zeal to help the police and convict the right person, some witnesses also get \u201ctrigger happy\u201d and make wrong choices, Ross says, but most \u201cdon\u2019t go in trying to make an ID of the wrong guy.\u201d<\/p>\n

\u201cThey\u2019re there trying to do the best job they can and they rely on the police to present an identification procedure that\u2019s going to be fair and accurate.\u201d<\/p>\n

Getting a conviction certainly doesn\u2019t mean the witness got it right, he says, but \u201cI like to think that the system gets it right more often than it gets it wrong.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"

UTC’s David Ross has been called to cases including murders, assaults and bank robberies. As they did in the Williams case, he and his team look at procedures used in the investigation and the evidence they produced.<\/p>\n

Continue Reading <\/a><\/span><\/p>\n","protected":false},"author":1105,"featured_media":18268,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","_ef_editorial_meta_date_first-draft-date":"","_ef_editorial_meta_paragraph_assignment":"","_ef_editorial_meta_checkbox_needs-photo":"","_ef_editorial_meta_number_word-count":"","_ef_editorial_meta_checkbox_slider":"","_ef_editorial_meta_checkbox_featurette":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[64,61,7712,286],"tags":[],"class_list":{"0":"post-18264","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-college-of-arts-sciences","8":"category-faculty-and-staff","9":"category-news","10":"category-psychology","11":"entry"},"yoast_head":"\nWorking with conviction: UTC's David Ross judges the veracity of lineups | UTC News Archive: Jul 2007 - Oct 2025<\/title>\n<meta name=\"description\" content=\"UTC's David Ross has been called to cases including murders, assaults and bank robberies. 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