Eye Witness Testimony

Modern Understanding of the Brain Changes Court Rules

As seen on TV

It is dramatic when an eye witness picks someone out of a line up.  You see it on TV and you think it works that smoothly in the modern world.  For sure, line-ups are still used but maybe this technique will begin to fall out of favor as it is revealed how flimsy eye-witness testimony can be.  As our understanding of human functioning increases, backed by scientific research, we are finding that our memories are more fallible than once perceived.

Brains are not computers

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One such theory of how memory fails us is something called Source Confusion.  This happens when we recall something incorrectly and the source of the error is attributed to some other real experience we had that was similar or familiar. Psychologists explain that the brain does not store and recall images and memories like a computer does.  It is not that simple.  Rather, there are many factors that cause the storage and recall of images and events to be altered.  These may include the length of time the event was observed, the lighting, the speed of the event, and its distance from the observer.  Also, emotional factors play a part in how brain storage and recollection is carried out.  Stress, anger, apathy, etc can alter the event in ones mind.

The eyes have it

Another revealing phenomenon that shows how eye-witness recollection is unreliable is the proliferation of surveillance cameras in public and private settings.  A recent case in Pittsburgh shows how a public library camera exonerated a robbery suspect.  While cameras help increase positive identification of suspects, they also are becoming good sources of alibis.

Cameras are good for business

The story also reveals that the robbery victim may have suffered some sort of Source Confusion as he accused a regular patron as being the robber.  Maybe if the shop owner had a camera in his store they would have caught the right guy and he wouldn't have lost a good customer in the process!

A major ruling for the good of both sides

The increasing evidence that points to the inherent weaknesses in eyewitness testimony has caused changes in the way law enforcement and prosecutors must now present their cases.  There are now only three states which ban testimony by experts who testify about eyewitness testimony.  In May, Pennsylvania joined the majority of states who allow this type of expert testimony which will inform jurors of the limits of eyewitness testimony.  The ruling will continue the trend of cases built on science based evidence.  

Science fact

Just as DNA evidence has become the gold standard for scientific proof in the courtroom, the next breakthrough may come in the form of validating eyewitness testimony that is true and correct.  Right now, that may be the stuff of science fiction but people commonly wearing micro-cameras may not be far off. Google glasses are an early entry into that market and as privacy concerns decrease, they may be more commonplace.  Someday, the images they capture may be routinely admitted into evidence. "I told you so”, said George Orwell.

Angry Employees

Services Private Investigators Can Provide When Employees Pose a Threat

Cornered and Scared

Employees can get backed into a corner when their perception (true or false) is that they are going to lose their job or are going to be disciplined from an employer.  People react differently to adversity.  Some do well and handle tough news appropriately.  Others yell and argue but it is really just barking without the bite.  And then there are others who perceive a great injustice befell them through no fault of their own.  These may be the employees who pose a threat to the company and their co-workers.

Who are these people? 

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Socially, these people may be perfectly functional.  They are able to get along with others and may even be leaders.  But just below the surface lies a crippling character flaw.  This flaw leaves them fragile as a result of rejection of one sort or another.  They basically cannot handle what life throws at them.  This trait was recently on display in California where a troubled young man evolved into a mass murder.  By his own admission, his ego could not handle being rejected by females and as a result, he could not cope with it.  This is certainly one of many factors of his personality but probably contributed to his actions.

The big clue

Of course this is an extreme case of violent reaction and there is no doubt about this person’s historical mental trouble.  However, there is something to learn from active shooter behavior which could benefit business leaders when trying to discern dangerous employees.  While there is a continuum of fragility and a person’s capacity to act out, one key to look for is an enduring and consuming grievance they are dealing with.  This trait is manifested in an escalation of behavior which can be detected if you are tuned in.  Suffice to say, the biggest clue is that these people often broadcast their intentions prior to causing problems.

Semper Paratus (Always Ready)

While it can be scary to think that you may have someone capable of murder lurking within your ranks, it should be pointed out that the probability of workplace shooters remains low.  While you should always consider this possibility, know there are more frequently occurring types of violent behaviors which work place managers must contend with.  These risks need to be addressed as both a probability and a reality.  Training, preparation and consulting with professional help when developing plans of action are always recommended.

Help is available

Here are come common services provided by professional investigators to companies that suspect potential employee violence or disruption when termination or discipline is dispensed.

• Background research – This passive option is used to find out what may be lurking in public records or in social media that may provide insights into motives and potential behavior.  
• Investigation – This active option is often overlooked. Talking with the subject, his co-workers, family and neighbors may best be handled by someone representing the interests of the company.  
• Security presence – Having security on-site at critical junctures, either overtly or covertly can provide peace of mind and confidence for those company officials carrying out the necessary actions.  And if something does go awry, the protection is there, just steps away.  
• Surveillance – Often, after an employee is let go, his actions are observed for a few days to make sure he is not planning on coming back to cause chaos.  
• Executive Protection – This goes beyond the protection of company executives but may may also be extended to their family members if the situation is deemed serious enough.  
• Police Liaison – Coordination with local law enforcement is enhanced by professionals who know how to communicate in the language police speak.  It also frees the company to concentrate on the business side of things while receiving concise updates of police activity or requests through the investigator.