Alcohol intoxication impairs eyewitness memory and increases suggestibility: Two field studies

Acute alcohol intoxication and alcohol expectancy effects on women's memory for consensual and non-consensual sexual activity

Objective

To test whether acute alcohol intoxication and alcohol expectancy affects how accurately women remember consensual and non-consensual sexual activity that occurred during an interactive hypothetical dating scenario.

Design

A balanced placebo randomized study that varied alcohol dose (mean Breath Alcohol Content; BrAC = 0.06%) and alcohol expectancy prior to participants encoding a hypothetical interactive rape scenario was implemented. Participants could elect to consent to sexual activity with a male partner in the hypothetical scenario. If they stopped consenting, non-consensual sexual intercourse (i.e., rape) was described. Seven days later, participants' memory for consensual and non-consensual sexual activity in the scenario was tested.

Main outcome measures

Memory accuracy, confidence, and feelings of intoxication.

Results

A total of 90 females (M age = 20.5, SD = 2.2) were tested regarding their memory accuracy for the consensual and non-consensual sexual activities in the scenario. A multi-level logistic regression predicting memory accuracy for the perpetrator's behaviors during the rape indicated no effect of alcohol intoxication. However, a main effect of alcohol expectancy was found, whereby participants who expected to consume alcohol, compared to those who did not, recalled the perpetrator's behaviors during the rape more accurately. A second regression predicting memory accuracy for consensual sexual activity found no main effects for alcohol intoxication or alcohol expectancy. Participants recalled consensual sexual activity with a high degree of accuracy. Calibration analyses indicated that accuracy increased with confidence level, regardless of intoxication level or alcohol expectancy condition, but that women tended to be overconfident in general.

Conclusion

This study provides an important test of how accurately women remember consensual and non-consensual sexual activities. The accuracy of this information is important for forensic medical examinations and police investigations following an allegation of sexual assault. Increased memory accuracy was found for offence details when participants expected to consume alcohol, suggesting there may be important differences in attentional processes (e.g., hypervigilance) depending on whether threat is present. Further research is necessary to investigate memory for sexual violence in real-world settings and to test methods for ascertaining the most complete and reliable accounts.

The importance of the smallest effect size of interest in expert witness testimony on alcohol and memory

Memory experts are sometimes asked to evaluate the validity of accounts of witnesses, victims, or suspects. In some of these cases, they are asked what effect alcohol has on the validity of such accounts. In this article, we offer a guide on what expert witnesses can reliably say about how alcohol affects memory. We do so by resorting to effect sizes from previous studies and meta-analytic work, and address this novel question: Are these effect sizes meaningful in legal cases? More specifically, we argue that any determination of whether individual studies about alcohol and memory are practically relevant for legal cases, scientists must focus on the smallest effect size of interest. We make the case that a decrease or increase of only 1 detail, especially an incorrect detail, should be regarded as the smallest effect size of interest in this line of research. In line with this idea, we show that effect sizes in the alcohol and memory literature are often larger than this smallest effect size of interest. This finding is important because it implies that alcohol often exerts a practically relevant and meaningful detrimental effect on the reporting of both correct and incorrect details, which in turn negatively affects the validity of witness testimony.

Would you believe an intoxicated witness? The impact of witness alcohol intoxication status on credibility judgments and suggestibility

Memory conformity may occur when a person’s belief in another’s memory report outweighs their belief in their own. Witnesses might be less likely to believe and therefore take on false information from intoxicated co-witnesses, due to the common belief that alcohol impairs memory performance. This paper presents an online study in which participants (n = 281) watched a video of a mock crime taking place outside a pub that included a witness either visibly consuming wine or a soft drink. Participants then read a statement from the witness that varied in the number of false details it contained before being asked to recall the crime. We found that the intoxicated witness was regarded as significantly less credible, but participants were not less likely to report misinformation from them. This suggests that intoxication status impacts one’s perception of how credible a source is, but not one’s ability to reject false suggestions from this source. Our findings reinforce the importance of minimizing co-witness discussion prior to interview, and not to assume that people automatically (correctly or not) discount information provided by intoxicated co-witnesses.

Investigating false memories among "winners" and "losers" in the prisoner's dilemma

ABSTRACTMany legal cases hinge on evaluating the veracity of two versions of events ("he said, she said"). Expert witnesses are often called upon to testify on the malleability of memory, most often testifying for the defence. This may lead to the theoretically unfounded assumption that it is only victims who are vulnerable to distorted memories of a crime. Inspired by this question, we conducted a series of five experiments in which 2010 participants played a novel version of the Prisoner's Dilemma. Participants could either betray their partner in the game ("winners") or be betrayed by their partner ("losers"). We exposed participants to misinformation concerning the other player's statements to assess whether winners and losers may be differentially susceptible to false memories of the event in question. Across our experiments, including where real financial rewards were at stake, we found that winners were just as susceptible as losers to memory distortion. We highlight the need to consider the possibility of faulty memory affecting all parties to in legal cases, though further research is needed beyond this highly artificial paradigm.

The effects of alcohol and co-witness information on memory reports: a field study

RATIONALE

Witnesses who discuss a crime together may report details that they did not see themselves but heard about from their co-witness. Co-witness information may have beneficial and harmful effects on memory accuracy depending on whether the information was correct or incorrect.

OBJECTIVES

Given the prevalence of intoxicated witnesses, it is imperative to understand how alcohol influences this effect.

METHODS

The present study asked pubgoers (n = 67) at varying levels of intoxication to recall a mock crime video after having also watched a video witness statement containing both correct and false information.

RESULTS

Increased intoxication was associated with decreased confidence, completeness and accuracy, but no increased tendency to report false information. Exposure to incorrect post-event information (PEI) can lead to the incorporation of incorrect information, whereas exposure to correct PEI increased accuracy, regardless of individuals' alcohol intoxication status.

CONCLUSIONS

Thus, whilst discussion and intoxication can negatively impact eyewitness memory, discussion may also have benefits for both sober and intoxicated witnesses.

No evidence that low levels of intoxication at both encoding and retrieval impact scores on the Gudjonsson Suggestibility Scale

RATIONALE

It is not uncommon for police to question alcohol-intoxicated witnesses and suspects; yet, the full extent to which intoxication impacts individuals' suggestibility in the investigative interviewing context remains unclear.

OBJECTIVE

The present study sought to measure the effect of alcohol-intoxication on interviewee suggestibility by implementing a standardized suggestibility test with participants whose intoxication-state was the same at both encoding and recall.

METHODS

We randomly assigned participants (N = 165) to an intoxicated (mean breath alcohol level [BrAC] at encoding = 0.06%, and BrAC at retrieval = 0.07%), active placebo (participants believed they consumed alcohol but only consumed an insignificant amount to enhance believability), or control (participants knowingly remained sober) group. An experimenter then implemented the Gudjonsson Suggestibility Scale (GSS), which produced free recall outcomes (number of correct details and memory confabulations) and suggestibility outcomes (yielding to leading questions and changing answers in response to negative feedback from the experimenter).

RESULTS

Intoxicated participants recalled fewer correct details than did placebo and control participants but did not make more confabulation errors. No effects of intoxication on suggestibility measures emerged.

CONCLUSIONS

Moderately intoxicated interviewees may not be more suggestible during investigative interviews than sober interviewees. However, before concrete evidence-based policy recommendations are made to law enforcement, further research is needed examining the effects of alcohol on suggestibility in conditions that are more reflective of the legal context.

The lack of robust evidence for the effects of alcohol on false memory

We comment on Kloft et al.'s (2021) review of the effects of alcohol and other drugs on false memory reporting. Across studies, problems of internal and external validity and methodological consistency preclude any blanket conclusions and recommendations regarding alcohol's effects on false memory reporting and suggestibility in witnesses. We argue that any policy and practice conclusions drawn from this limited literature are premature and would be unfairly prejudicial to witnesses and confusing to triers of fact at this time.

Hazy memories in the courtroom: A review of alcohol and other drug effects on false memory and suggestibility

Alcohol and other psychoactive drugs are oftentimes implicated in legal cases. A pertinent question herein is whether such substances might adversely affect testimonies of victims, eyewitnesses, or suspects by propelling the formation of false memory and increasing susceptibility to suggestion. In the current review, we amassed all available evidence on the effects of intoxication on false memory formation and suggestibility, including the substances alcohol, benzodiazepines, cannabis, stimulants, hallucinogens, and antipsychotics. Our review indicated that alcohol and cannabis under certain conditions increased the susceptibility to false memories and/or suggestion with effect sizes ranging from medium to large. When intoxicated during an event, alcohol is most likely to increase this susceptibility at high intoxication levels or after a delay, whereas cannabis exerts detrimental effects during acute intoxication but not necessarily once sober. For other substances, ecologically valid research separating different memory phases is needed. Overall, differences between substances regarding false memory effects exist, suggesting that a nuanced approach is needed when dealing with intoxicated individuals in a legal context.

The intoxicated co-witness: effects of alcohol and dyadic discussion on memory conformity and event recall

RATIONALE

Co-witness discussion is common and often witnesses are under the influence of alcohol. As such, it is important to understand how such factors may influence eyewitness testimony.

OBJECTIVES

We combined a co-witness memory paradigm with an alcohol administration paradigm to examine the influence of alcohol and dyadic discussion on remembering a mock crime.

METHODS

Intoxicated and sober dyads discussed a previously seen video, whilst in a control condition sober and intoxicated individuals recalled the event on their own. Unknown to the dyads, each discussion partner saw a different version of the video including unique details not present in the other video version. All participants then engaged in a second individual recall attempt.

RESULTS

Dyads were more likely to recall misleading details in their individual recall attempts compared to the control group. Intoxicated and sober dyads were equally likely to report misleading information. Alcohol intoxication had no negative impact on individuals' ability to correctly identify the source of their responses. Intoxicated participants recalled fewer details under free recall conditions. Alcohol had a detrimental effect on participants' confidence in their free recall accounts.

CONCLUSIONS

Possible alcohol-related and social-cognitive mechanisms are discussed which may contribute to the current findings as well as applied implications for interviewing intoxicated witnesses.