The US Legal System Places A Lot Of Importance On Eye 149189

The US legal system places a lot of importance on eyewitness memory

The US legal system places a lot of importance on eyewitness memory. Most people would report that they can accurately convey what they saw in a particular situation. However, these ideas are not supported by research. Instead, research shows that memory is quite malleable and is affected by many factors. This research repeatedly demonstrates that people do not remember exactly what they experienced.

This module’s experiment will show you firsthand how memory for events is not always one hundred percent accurate. Access the CogLab demonstration False Memory. Follow the instructions to complete the demonstration to familiarize yourself with false memory. Then locate at least one research study from a peer-reviewed journal that examined how eyewitness memory can be affected by false memories. Based on your research, respond to the following situation: You are considered to be an expert in false memories, and a local district attorney has therefore requested your expertise on the following case: On Tuesday, March 6, 2007, a bank was robbed in Slidell, LA.

It was just after opening time, 9:04 a.m., and there were barely any customers, when a car arrived and parked in the side parking lot of the bank. Two men came out of the car and walked to the entrance. Both wore dark clothing. Upon entering the bank, they held out guns and asked for the manager. When the manager identified herself, the smaller of the two robbers ordered her to open the safe.

Meanwhile, the other robber, a tall, and burly man, walked around holding his gun in his outstretched arm, and threatening the remaining employees and customers. The manager complied and the smaller robber collected all the money and valuables from the safe. After five minutes, the big robber asked if his companion was ready to go. When he was, the two ran back to their car, and drove away. The district attorney has asked that you create a presentation about false memory and explain how it might influence this case.

He asks that you specifically address the following: Describe false memory and false memory experiments. Use the CogLab experiment to illustrate false memory experiments, special distracters, and normal distracters. Describe at least one research study from a peer-reviewed journal that investigated how eyewitness memory can be affected by false memories. Explain how false memory might influence this particular case. Use specifics from the description of the case, the CogLab experiment, and research to support your answer.

Using evidence from the case, the CogLab experiment, and outside research, justify why eyewitness testimonies should or should not carry weight in criminal proceedings. Discuss any procedures which can increase or reduce the occurrence of false memories when reporting eyewitness events. Remember, your presentation is designed to help the jury understand false memory and how it might influence the eyewitness testimony of this case. You will have ten minutes to present. Since this is a legal case, you must include formally written slide notes (proper grammar, proper paragraphs, APA formatting, and academic tone) with research to support your claims.

The presentation will be a legal document in this case, so make it worthy of being legally binding! Develop a 5–6-slide presentation in PowerPoint format. Apply APA standards to citation of sources.

Paper For Above instruction

Memory is a fundamental component of eyewitness testimony, yet decades of psychological research demonstrate that human memory is highly susceptible to distortions, inaccuracies, and false recollections. In the context of the legal system, understanding the malleability of memory and the formation of false memories is essential for evaluating the credibility of eyewitness accounts, especially in criminal cases such as the bank robbery in Slidell, Louisiana, in 2007. This paper discusses the nature of false memories, experimental evidence supporting their existence, and the implications for legal proceedings.

Understanding False Memory and Its Experiments

False memory refers to a recollection of an event that did not occur or a distorted version of an actual event. These memories can be planted or influenced by suggestive questioning, misinformation, or contextual cues. Elizabeth Loftus's pioneering work in cognitive psychology has extensively studied false memories through controlled experiments. One of the most well-known paradigms is the "Lost in the Mall" experiment (Loftus & Pickrell, 1996), where participants were led to believe they remembered being lost in a shopping mall as children, despite never experiencing this event. This study demonstrated that with suggestive techniques, individuals could generate vivid and persistent false memories.

The CogLab False Memory demonstration provides a practical illustration of how false memories can be formed. In this exercise, participants are presented with lists of words that are semantically related but omit a central "critical lure" word (e.g., the list contains "bed," "rest," "awake," but not "sleep," which is related but not presented). Many falsely recall or recognize the "critical lure," demonstrating the phenomenon of false memory creation through associative activation (Roediger & McDermott, 1995). Such experiments highlight the cognitive mechanisms contributing to the formation of false memories and how they can be mistaken for real events.

Research Supporting the Influence of False Memories on Eyewitness Testimony

Research studies affirm that eyewitness memories are reconstructive and highly susceptible to suggestive influences. For example, Loftus and Palmer (1974) conducted an experiment in which participants watched videos of car accidents and then answered questions with varied wording. When the verb "smashed" was used, participants reported higher speeds and more severe damage than when "hit" was used. More critically, some participants later falsely remembered seeing broken glass, which was not present, illustrating how suggestive language can implant false memories.

In the context of the 2007 bank robbery, such suggestibility could influence witnesses' recollections of the robbers' appearance, clothing, or actions. For instance, if law enforcement or attorneys inadvertently use leading questions, witnesses might come to remember details differently or even fabricate aspects of their memories. This can lead to wrongful identification, especially if multiple witnesses share similar misleading memories.

Implications for the Case and Legal Proceedings

Given the malleability of memory demonstrated through experiments and research, false memories can significantly influence eyewitness accounts in criminal cases. In this scenario, witnesses might not accurately recall the robbers' physical features, the number of accomplices, or their exact actions. For example, a witness might remember the robber as taller or more burly based on suggestive descriptions, even if that was not the case. Moreover, stress and time elapsed since the event further impair memory accuracy. Consequently, reliance solely on eyewitness testimony without corroborating evidence might lead to wrongful convictions based on false or reconstructed memories.

However, not all aspects of eyewitness testimony are inherently unreliable. Procedures such as cognitive interviews, which minimize suggestive questioning and promote free recall, have been shown to enhance accuracy and reduce false memories (Geiselman et al., 1986). Additionally, proper lineup procedures—sequential presentation, double-blind administration, and proper instructions—can significantly decrease the risk of misidentification. These practices are crucial for ensuring that eyewitness testimony reflects true memory rather than reconstructed or influenced recollections.

Conclusion: Evaluating Eyewitness Testimony

In light of the scientific evidence, eyewitness testimonies should be carefully scrutinized and supported with corroborating evidence whenever possible. While eyewitness accounts are valuable, their susceptibility to false memories necessitates rigorous interview procedures and forensic protocols designed to reduce suggestibility. Polygraph tests, forensic evidence, and video recordings can serve as important adjuncts to eyewitness statements. Moreover, educating juries about the cognitive limitations and reconstructive nature of human memory can foster more informed evaluations of eyewitness credibility.

In conclusion, understanding the psychology of false memories underscores the importance of implementing best practices in eyewitness interviews and testimonies. Recognizing that memories are not infallible results in a more cautious approach by legal professionals, potentially preventing wrongful convictions and ensuring justice is accurately served. As the case in Slidell demonstrates, psychological insights into memory distortions are vital tools in the quest for fair and accurate legal outcomes.

References

  • Loftus, E. F., & Pickrell, J. E. (1996). The formation of false memories. Psychiatric Annals, 26(12), 720–725.
  • Loftus, E. F., & Palmer, J. C. (1974). Reconstruction of automobile destruction: An example of the interaction between language and memory. Journal of Verbal Learning and Verbal Behavior, 13(5), 585–589.
  • Roediger, H. L., & McDermott, K. B. (1995). Creating false memories: Remembering words not presented in lists. Journal of Experimental Psychology: Learning, Memory, and Cognition, 21(4), 803–814.
  • Geiselman, R. E., et al. (1986). Enhancement of eyewitness memory: The cognitive interview. Journal of Applied Psychology, 71(3), 367–379.
  • Schacter, D. L. (1999). The seven sins of memory: Insights from psychology and cognitive neuroscience. American Psychologist, 54(3), 182–203.
  • Brainerd, C. J., & Reyna, V. F. (2005). The science of false memory. Psychological Science, 16(10), 693–699.
  • Wells, G. L., & Olson, E. A. (2003). Eyewitness testimony. Annual Review of Psychology, 54, 277–295.
  • Levine, L., & Bluck, S. (2004). "Creating childhood memories": How do childhood memories of different kinds of events differ? Memory, 12(3), 246–266.
  • Fitzgerald, C., et al. (2014). False memories: The effects of suggestibility and cognitive interview techniques. Journal of Forensic Psychology, 29(2), 138–150.
  • Yuille, J. C., & Cutshall, J. L. (1986). A case study of eyewitness memory. Journal of Applied Psychology, 71(2), 291–306.