When Memory Commits an Injustice - Eyewitness mistakes lead to tragic errors in court,
The biggest lie of human memory is that it feels true. Although our recollections seem like literal snapshots of the past, they're actually deeply flawed reconstructions, a set of stories constantly undergoing rewrites.
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In recent years, neuroscientists have documented how these mistakes happen. It turns out that the act of summoning the past to the surface actually changes the memory itself. Although we've long imagined our memories as a stable form of information, a data file writ into the circuits of the brain, that persistence is an illusion. In reality, our recollections are always being altered, the details of the past warped by our present feelings and knowledge. The more you remember an event, the less reliable that memory becomes.
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Normally, witnesses are encouraged to take their time and carefully consider each possible suspect. But Dr. Brewer knew that strong memory traces are easier to access than weak and mistaken ones, which is why he only gave his witnesses two seconds to make up their minds. He also asked them to estimate how confident they were about the suspects they identified, rather than insisting on a simple yes-no answer.
To test this procedure, Dr. Brewer and his colleagues asked 905 volunteers to watch a series of short films showing such crimes as shoplifting and car theft. The subjects then looked at 12 portraits, only one of which was the actual suspect. According to Dr. Brewer's data, his version of the lineup led to a large boost in accuracy, with improvements in eyewitness performance ranging from 21% to 66%. Even when subjects were quizzed a week later, those who were forced to choose quickly remained far more trustworthy.
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http://online.wsj.com/article/SB10001424052702303815404577334040572533780.html?mod=WSJ_hp_LEFTTopStories
Unfortunately, eyewitness testimony is taken as gospel many times especially if the person testifying has a good reputation.
There needs to be an overhaul in the use of eyewitness testimony. At the very least,
jurors need more info on how reliable it is. Even that may not help.