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.

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.