Memory distortion is more prevalent than many think and consequently eye-witness testimonies misidentifications have cause many false convictions. Informing jurors, law enforcements, and judges about the memory phenomena can help them distinguish between the innocence and guilty. Memory is fragile since it can be altered based on mood and experience, rendering eye witness testimonies as less valid than the justice community have previously understood. In this paper, I will discuss two articles that explore the neurobiology behind memory retention and formation along with its courtroom applications. Lacy and Stark (2013) discusses common misunderstandings, memory distortions, neuroscience of memory, and memory distortions effect on the law …show more content…
Development of declarative memory changes with age. As people transition from adolescent to adult their capacity for episodic memory improves. Rich details given by adults about their childhood are prone to error since people rarely remember miniscule details. False memory is easily implanted in younger children, indicating their testimonies’ to have a higher chance of misinterpretations. Interestingly, the concept of disgust forms later in child development. Therefore, when adults testify feeling disgusted during their childhood event are influenced by later experiences and is fabricated based on schemas. Additionally, the misconception that children will remember traumatic events more distinctly is false. During adolescent, children do not have the capacity to fully interpret emotional contents. Adolescence only have episodic memory and have not developed semantic knowledge. Long term memory is regulated by the prefrontal cortex and medial temporal lobe, which is not yet fully developed during adolescent. These cortical regions are also responsible for distinguishing between relevant and irrelevant information. However, adults are also prone to false memory because as adolescent transition into adulthood their experiences are stored abstractly and is subject to change based on experience. During retrieval, …show more content…
They offer evidence of adults, jurors, and even highly trained military officials as subject to false memory. Both articles lack the implication of memory retrieval through hypnosis. According to Stark and Larry, more than 50% of the public agree that hypnosis is a valid method to retrieve suppressed memory. However, hypnosis can lead to confabulation, pseudo-memories (Orne, 1981). In some cases, hypnosis is used as a “refresher” to enhance eyewitness memory recall. Informing about the effect of psychotherapy on memory distortion would be beneficial in the courtroom. Unfortunately, there are companies taking advantage of the memory phenomena and tries to make money off of it. For example, BEOS is a device that supposedly reads brain stimulation and predicts whether people are innocent (Giridharadas, 2008). Despite, its validity it was used in India. Devices like this should be highly regulated and tested so no innocent people are
Hippocampus is a small, curved region, which exists in both hemispheres of the brain and plays a vital role in emotions, learning and acquisition of new information. It also contributes majorly to long term memory, which is permanent information stored in the brain. Although long term memory is the last information that can be forgotten, its impairment has become very common nowadays. The dysfunction is exemplified by many neurological disorders such as amnesia. There are two types of amnesia, anterograde and retrograde. Anterograde amnesia is inability in forming new information, while retrograde refers to the loss of the past memory. As suggested by Cipolotti and Bird (2006), hippocampus’s lesions are responsible for both types of amnesia. According to multiple trace theory, the author suggests that hippocampal region plays a major role in effective retrieving of episodic memory (Cipolotti and Bird, 2006). For example, patients with hippocampal damage show extensively ungraded retrograde amnesia (Cipolotti and Bird, 2006). They have a difficult time in retrieving information from their non-personal episodic events and autobiographical memory. However, this theory conflicts with standard model of consolidation. The difference between these theories suggests that researchers need to do more work to solve this controversy. Besides retrieving information, hippocampus is also important in obtaining new semantic information, as well as familiarity and recollection (Cipolotti and Bird, 2006). For instance, hippocampal amnesic patient V.C shows in ability to acquire new semantic knowledge such as vocabularies and factual concepts (Cipolotti and Bird, 2006). He is also unable to recognize and recall even...
Roediger III, H. L., & McDermott, K. B. (1995). Creating False Memories: Remembering Words Not Presented in Lists. Journal of Experimental Psychology: Learning Memory and Cogntion, 21, 803-814.
The novel Witness for the Defense: The Accused, the Eyewitness, and the Expert Who Puts Memory on Trial goes into great detail about the encounters an expert witness, on memory especially, might come across by telling true stories from Dr. Elizabeth Loftus’s experiences with the help of Katherine Ketcham. It also provides information about Loftus’s work and research on memory and its limitations and malleability (Loftus & Ketcham, 1991). Applying research on memory to this novel allows one to better understand the implications of the prosecutor’s case more effectively.
Memory is not reliable; memory can be altered and adjusted. Memory is stored in the brain just like files stored in a cabinet, you store it, save it and then later on retrieve and sometimes even alter and return it. In doing so that changes the original data that was first stored. Over time memory fades and becomes distorted, trauma and other events in life can cause the way we store memory to become faulty. So when focusing on eyewitnesses, sometimes our memory will not relay correct information due to different cues, questioning, and trauma and so forth, which makes eyewitness even harder to rely on. Yet it is still applied in the criminal justice system.
Humans have an incredible capability for thinking and memory. We can remember events from our past, for our future, and of things that have no relative meaning to ourselves. These memories can be traced back to different systems of our brains through a process of encoding, storage, and retrieval. As part of the retrieval process, memories can be remembered with or without their sources. As research has found, our memories are not labeled or tagged with their origin (Johnson, Hashtroudi, & Lindsay 1993). Because of this, our memory has developed a process called source monitoring. This is how we link our memories to the source that they developed from, usually using specific characteristics and general knowledge of the memory. For example, source monitoring includes identifying who told you something, whether or not you saw an event in real life, the time of the event and whether you told something to your friend or only thought about telling it. The source-monitoring framework for the process involved in pinpointing the origin of information by Johnson and colleagues, explains both vertical and distorted memory with a common set of principles. First, a specific memory consists of specific characteristics including spatial, temporal, and perceptual details. Secondly, the memories can differ in characteristics that can be used to find the origin. More extensive source monitoring can involve beliefs about memory and cognition as well as retrieving more information from memory and finding the source of the memory given these beliefs, other specific characteristics or general knowledge (Johnson et al. 1993). Sometimes these beliefs aren't always accurate. Because some people may be influenced by their personal ideologies during retriev...
Knowledge of how long-term memory works is crucial to structuring the process of a trial, especially in terms of how soon after an incident a trial can be held or what witnesses are reliable or not. In different articles written by psychologists, legal officials, and attorneys
Amici curiae is a social psychologist and legal scholar who studies the effects of the Recovered Memory Syndrome on individuals’ behaviors and judicial practices. Amici has conducted research and published several peer-reviewed articles explaining the role of hypnosis in uncovering repressed memories and related traumas that come along with it. This brief intends to provide the Court with relevant and current literature explaining the recovered memory phenomenon and its relationship with psychotherapeutic techniques where recovery of memories often occurs. Research presented by amici demonstrates that cases of sexual abuse, real or imagined, must be given careful consideration as victims undergo significant emotional
Schacter, D. L., & Slotnik, S. D. (2004). The cognitive neuroscience of memory distortion. Neuron, 44, 149-160.
Further biological research on the effect of psychological trauma on the neurochemistry of memory may help clinicians distinguish between true repressed memories and false memories in clients who report abuse. However, to date there is no method to determine the accuracy of these memories. Therefore clinicians and the courts must rely on corroborative evidence, and behavioral and physiologic clues to distinguish veracity.
Roediger, H. L. III, & McDermott, K. B. (1995). Creating false memories: Remembering words not presented in lists. Journal of Experimental Psychology: Learning, Memory, and Cognition, 21, 803-814
From a legal standpoint, eyewitness memories are not accurate. Though they all illustrate the same concept, each paper described different ways eyewitness memories were altered. One’s memory can be misleading by their own attributions towards the situation, what they choose to see and not see, and if the individual has been through a single event or repetitive stressful events. As human beings, our memories on all matters are not concrete. When retelling stories, we tend to modify the situation and tailor certain events, making the information provided unreliable. An eyewitness testimony changes the track of a trial and information that is given to the court can be ambiguous and can cause bias towards the circumstances. Eyewitnesses can even be confident in their retelling of a situation and explain a complete event, when in fact, that particular event never
The mistaken recollection of information or the recollection of an event that never happened is known as a false memory (Rajagopal & Montgomery, 2011). The study of false memories has been of interest to cognitive psychologists (Otagaar, Smeets & Scoboria, 2013) for many years as it implies that human memory is vulnerable to the influence of external information, it also implies that our ability to recall events may not always be accurate. One major issue that has arisen with the research on false memories is the argued validity of eyewitness testimony (Wade, Green & Nash, 2011). Eyewitness testimony is the verified report made by someone who witnessed a crime (Wade et.al., 2011). False memories can interfere with the correct recollection of criminal offences which can potentially result in inaccurate accusations of a crime (Wade et.al., 2011). Researchers have been interested in studying false memories to develop a better understanding of how false memories work, and to what extent our memories can be assumed accurate (Jou & Flores, 2013).
The human mind is such a complex entity in which it can change one’s concept of extreme situational memories as well as even simple memories. I feel that this has a huge impact upon the judicial system and the type of testimonies that are relied upon for court trials. So many lives are impacted over the result of memory errors that there ought to be more research studies devoted specifically to this topic which deals with false eyewitness testimonies concerning memory errors, and court cases.
Human memory is highly susceptible to modifications due to the compelling nature of false memories. This causes the recollection of events to be different from the way they happened or to be non-existent. (Roediger, Jacoby and McDermott, 1996). The first study by Loftus and Pickrell (1995) was to understand and determine if human’s episodic memory, which is the recollection of past events in their thoughts and feelings at that point of time, could be modified by suggestive information. (Wheeler, Stuss and Tulving, 1997). The independent variables were the types of information (3 true and 1 false) given...
A false memory is a type of memory that someone may remember but it did not happen. There has been evidence to show that under certain circumstances, younger children are not as susceptible to false memories as other children or adults; this concept is known as developmental reversals (McGuire, 2015). In this paper I plan to discuss what false memories are, how they may occur, and also I will discuss two studies surrounding false memories. I hope to educate the reader in learning more about false memories, a study that they have used, and how this can help further research in the future.