Crimes Of Memory: False Memories And Societal Justice

Despite the efforts of the courts and law enforcement agencies to improve the handling of eyewitness testimony, misidentifications continue to be a major contributing factor to false convictions. The Innocence Project is a national litigation and public policy organization that has been dedicated to exonerating wrongfully convicted people through DNA testing. Since their inception in 1992, they have helped overturn 311 wrongful convictions in the United States, as of the date of this paper. Of those 311 cases, they have determined that misidentification has contributed to approximately 73% of those wrongful convictions ("The Innocence Project"). That is an extremely high percentage, and something needs to be done about this.

DNA exonerations are very common. So much so that in the United States alone, there have been “317 post-conviction DNA exonerations” (2014). The very first DNA exoneration dated back to 1989. The Innocence Project examined these DNA exonerations and found that “8 of the 317 people exonerated through DNA served time on death row. Another 16 were charged with capital crimes but not sentenced to death” (2014). More so, the average time served was about 13.5 years, and the average age was 27 (2014). This means that before the age of

Many false-convictions have occurred because of a witness believing their memory as correct, when in actuality the memory had been altered. The Innocence Project has had numerous cases in which victims pick out a defendant from a line-up believing they are the real perpetrator, however, years later DNA evidence proved the man was innocence. While victims should be treated with respect, and have their voices heard, it is vital to take the findings in account to make sure the judicial process is as fair as possible, for both the accused and the victims. In a Ted Talk Loftus says memories are much like Wikipedia pages, we can go into them and edit, yet so can others. As Loftus’s research gave other scholars the ground work establishing memory is not as infallible as original thought, scholars should do more research for further

Abstract: Over the past twenty years, advancement in DNA technology has directly led to the exoneration of nearly 300 people in the United States. In addition to these scientific advancements, a growing body of literature has focused on the significant roles eyewitness misidentification, so-called “jailhouse snitches,” and false confessions have played in contributing to wrongful convictions in U.S. courts. The aim of this paper is to examine the

For a society that is greatly influenced by Crime Scene Investigation, Criminal Minds and Bones, a confession of the offender is seen as an ultimate checkmate of the case because it implies the guilt of the confessor. Thus, a confession, especially the ones with detailed account and perfect representation of emotions (Leo, 2008), outweighs the evidences of innocence and stirs the case against the accused (Kassin & Wrightsman, 1985). People believe that they are open-minded about the possibility of false confession but in reality, the public, law enforcers and justice officials have biases that often infer guilt to the suspect instead of investigating for the truth, which leads to wrongful conviction. According to Leo and Drizin (2004), false confession is the primary cause of law miscarriage (Leo and Drizzin, 2004). False confessors lived many years in jail before being exonerated while others remain imprisoned (Leo and Drizzin, 2004).

For example, on June 25, the California Innocence Project announced that DNA testing recently exonerated a San Diego resident who was wrongfully convicted of rape. The victim in the case misidentified him as her perpetrator. Studies show that this type of mistake is common in criminal cases. When witnesses are shown a photo lineup of possible suspects, they tend to choose the one who most closely resembles the person they saw. When they look at a live police lineup, they tend to choose the person they identified in the photo lineup. During the trial, they see the

Abstract: Over the past twenty years, advancement in DNA technology has directly led to the exoneration of nearly 300 people in the United States. In addition to these scientific advancements, a growing body of literature has focused on the significant roles eyewitness misidentification, so-called “jailhouse snitches,” and false confessions have played in contributing to wrongful convictions in U.S. courts. The aim of this paper is to examine the occurrence of wrongful conviction in criminal trials and the effect of DNA testing on bringing attention to the alarming frequency of these unjust judicial outcomes. Through an examination of previous wrongful conviction research and appellate court rulings, this paper will also explore the extent to which permitting wrongful convictions to be upheld constitutes a violation of civil liberties. Finally, this paper will discuss an important contradiction that advancements in science have exposed within our criminal justice system; while DNA technology and other advanced forensic techniques are increasingly being relied upon to secure criminal convictions, the justice system seems to be correspondingly reluctant to consider these forms of evidence for the

Since the late 1980s, there have been thousands of cases in which prime suspects have been wrongfully convicted, the most common causes being eyewitness misidentification, incriminating statements, and statements from informants. According to The Innocence Project, there have been almost four hundred post-conviction DNA exoneration cases in our country, and they are working to investigate even more wrongful conviction cases. This life changing program, along with their six attorneys, gather information about thousands of cases and determine whether or not DNA evidence can be reevaluated. Kenneth Ireland’s case was submitted for litigation after they found that the court relied heavily on false statements from witnesses. Researchers working

False memories are an apparent recollection of an event that did not actually occur. The reason why false memories happen are due to the fact that one's brains can only handle so much.There has been several experiment pertaining to the phenomenon, to find how it works.In the next part of the experiment the psychologist showed the participants a word list.False memories are very common and can happen to anyone. On very rare occasions false memories can be harmful to someone and the people around them.False memories are so common that they affect all of a person's memories. False memories can be made more clear by others memories or they could become more distorted. False memories have caused many wrongful convictions. A psychologist

Is our justice system fair? Is our justice system truly set out to do what it was meant to do? Or are there social factors and memory errors that come into play that can change a conviction outcome. In today’s court rooms we have, Defense attorneys, Prosecutors, judges, juries, evidence, forensics experts, witness testimonies, and of course the human memory. What better type of evidence than the human memory, right? Unfortunately, human memory is subject to the power of suggestion and unable to truly recall an event when told to recall. In other words, the story may not be the same as the one that actually happened the day of that event because many variables come into play like cross examinations and the way a question can be asked can alter the answer or how the event was perceived. The main focus of this paper is to see how the human brain is not able to effectively recall events which could possibly convict an innocent person of wrong doing. Also how lawyers use the misinformation effect to their advantage. In order to understand how something as simple as a question can decide a person’s faith we must first answer some questions. First, How does memory actually work and how is memory retrieved when your need to answer a question or being cross examined? Second, how does the misinformation effect play a role when a witness needs to testify against the defense or vice versa? Third, how can structuring a word or sentence effect the outcome of a conviction?

The seriousness of this problem is exemplified in the cases of individuals creating false memories of sexual abuse as a result of therapy. These types of events caused vast amounts of research to be done on the topic. The Deese–Roediger–McDermott (DRM) paradigm has been one of the most popular in false memory research and it continues to be a topic of interest today. A search of “DRM” in all text and “False Memory” in subject terms, using PsycINFO, gave results of 560 peer-reviewed articles published in research journals within the last five years (2011-2016).

False memory, second to forgetting, is one of the two fundamental types of deformation in episodic memory (Holliday, Brainerd & Reyna, 2010). Simply stated, false memory is the propensity to account normal occurrences as being a fraction of a key experience that in actuality was not an element of that experience (Holliday, Brainerd & Reyna). False memories are something nearly everyone experience. Furthermore, false memory is defined as placed together, constructed representations of mental schemas that are incorrect (Solso, MacLin & MacLin, 2008). Individuals do not intentionally fabricate their memory. However, perceptual and social factors are a few things that a responsible for manipulating memory (Solso, MacLin & MacLin, 2008).

Leading up to now, America has been a place where laws, crimes, and other stipulations have a cause and effect. Since America’s inception as a free land, in this land people are obligated to follow laws and orders directed by the United States Government. However, many follow the laws and become victims of the American Criminal Justice system. Hence, we have people who become victims of wrong convictions. Wrongful conviction is define as a person who is currently serving a sentence via incarceration for a crime they did not commit. After the discovery of innocence, the department of corrections system exonerates them. Moreover, wrongful convictions are prominent and the effects that comes with wrongful convictions in relation to people who are misidentified – that effect lingers and is detrimental (Irazola, Williamson, Stricker, & Niedzwiecki 2014).

Cochran et al (2016) provide a case study analysis of the temporal nature of memory in suspect lineups and crimes being investigated by law enforcement. The study involves a longitudinal evaluation of participants that are given evidence of a crime (through slideshows) that allows them to ascertain the criminal act or to choose a suspect in a lineup. At a later time, the participants are given altered information on the crime, which revealed a greatly distorted memory of the crimes that the participants did not remember. This misinformation was an attempt to trick the participants into affirming

While these studies do not fully exemplify the harmful reality of false memories, they take a step towards understanding how these false memories might occur in real-world settings. As Loftus (1997) discusses, it is only natural to wonder whether or not this research is applicable to real-world situations such as being interrogated by law officers or in psychotherapy. What researchers have learned, and can apply to this practical problem is that there are social demands on individuals to remember and come up with detailed memories. Not only that, but memory construction through suggestion and imagining events has been shown to be explicitly encouraged when people are having trouble remembering events (Loftus, 1997).