On the Witness Stand

Munsterberg’s essays on courtroom psychology are based on his observations in trials; dating to the early 20th century, this work is a pioneering example of forensic psychology.

Working as a Harvard professor of psychology at the beginning of the 20th century, Hugo Munsterberg sought to shed light upon aspects of criminal trials. Munsterberg’s enquiries span the unreliability of witness testimonies and fallible nature of human memory, plus phenomena such as false confessions and the complex psychology behind them. In support of his analyses, the author conducted experiments testing the recall of students, demonstrating how their memories and responses varied widely despite receiving the same information to answer and remember.

The author is particularly focused upon the emergence of unreliable testimony due to coercion on the part of police interrogators. The intense pressure placed on suspects and other involved persons affects the veracity of testimony, with many prosecution cases dependent upon fabricated ideas, false memories, and self-confident juries which produce poor outcomes. Rather than simply criticize the flaws from a psychological point of view, Munsterberg appends various suggestions for reform directed at prosecutors and investigators, trial judges, lawyers, and treatment of the jury.