Title:

"Memory on Trial: Understanding False Memories & Eyewitness Testimony" A Guide for Judges and Juries

What Is a False Memory?

• A false memory is a distorted or completely fabricated recollection of an event.
• People can be absolutely confident in memories that are inaccurate or entirely untrue.
• Memory is not like a video camerait's reconstructive and influenced by suggestion, stress, and time.

Example: In a classic study by Loftus & Palmer (1974), wording like "smashed" vs. "hit" changed how fast participants remembered a car was goingeven though they all saw the same crash.

The Limits of Eyewitness Testimony

• Eyewitnesses can be wrong even if they appear confident and credible.
• Stress, weapon focus, lighting, time delay, and suggestion from police can all distort memory.
• Cross-race identification tends to be less accurate than same-race identification.

Case Insight: Jennifer Thompson was 100% confident Ronald Cotton was her attackeruntil DNA proved otherwise. He spent 11 years in prison for a crime he didn't commit.

Justice System Implications

• Eyewitness misidentification is a leading cause of wrongful convictions in the U.S.
• The Innocence Project reports ~70% of overturned cases involved mistaken identity.
• Ronald Cotton's case led to legal reforms in NC, including double-blind lineups.

Tips for Judges & Juries

1. Evaluate procedures: Was the lineup conducted blindly? Was the witness warned the perpetrator may not be present?
2. Consider memory limitations: Long delays, high stress, or leading questions degrade memory accuracy.
3. Watch for confidence inflation: Witness confidence often grows over time due to feedback.
4. Request expert testimony: Ask whether the court has consulted experts in memory science.

Step 1:

Watch the 60 Minutes Segment:

Watchbothparts of the "60 Minutes" segment on Ronald Cotton and Jennifer Thompson. This is a legal case that happened right here in NC, and resulted in legal changes in how you will be interviewed by law enforcement. This can typically be found online through streaming services or on the official "60 Minutes" website.

Step 2:

Research and Understand the Concepts:

Review key concepts related to memory, including false memories, the malleability of eyewitness accounts, and the psychological factors that can affect testimony.

Look into relevant research studies and psychological theories that pertain to memory accuracy and witness reliability.

Step 3:

Create an Informational Flyer:

Target Audience: Judges and juries.

• Content Requirements:

Overview of False Memory: Explain what false memories are and how they can form.

Eyewitness Testimony: Discuss the reliability of eyewitness testimony and factors that can influence its accuracy.

Implications for the Justice System:Highlight how misunderstanding these aspects can lead to wrongful convictions.

Practical Tips:Provide guidelines for judges and juries to help them assess the reliability of eyewitness testimony and understand the limitations of memory.

• Design and Presentation:

Your flyer should be visually appealing and easy to read.

Use clear headings, bullet points, and infographics where appropriate.

Include references to relevant studies or expert opinions to support your points.

Sources / References

Loftus, E. F., & Palmer, J. C. (1974). Reconstruction of automobile destruction.

Innocence Project. (https://innocenceproject.org)

60 Minutes: Ronald Cotton & Jennifer Thompson Story

National Academy of Sciences (2014). Identifying the Culprit: Assessing Eyewitness Identification.