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The Fragile Role Of Memory In The Allegations Against Judge Kavanaugh
Townhall.com ^ | September 24, 2024 | Scott Moorefield

Posted on 09/24/2018 8:13:52 AM PDT by Kaslin

No matter what happens this week, we’ll likely never truly know what exactly, if anything, happened between Christina Blasey Ford and Brett Kavanaugh that night in 1982, or even between the judge and his latest accuser, Deborah Ramirez, who after “carefully assessing her memories” from a drunken college party 35 years ago, has finally decided that it was, indeed, Brett Kavanaugh who exposed himself to her that night.

This isn’t necessarily because Ford and Ramirez are purposefully lying – although they very well could be – but because all the evidence we have, or don’t have, so far seems to suggest that what they are “remembering” from the distant past may not be remotely close to what happened, or didn’t happen, at all.

Much has been mentioned about “believing women” and how “brave” Dr. Ford is to have decided to put her life on hold to come forward with these allegations on the eve of Judge Kavanaugh’s confirmation, but not nearly enough has been said about the dubiousness of any so-called “memory” possibly dredged up using this extremely controversial pseudoscience.

Which led to my interview, published Sunday, with University of California, Irvine, professor and cognitive psychologist Elizabeth F. Loftus, a noted expert in the field of human memory. I ran across Loftus’ work during my research into the controversial practice of psychotherapy after running across the word – and a subsequent tingling of my spidey senses – in the original Washington Post piece about Ford’s accusation.

I wanted to know more, and I wanted to know if she had any “red flags” when seeing the word as well. 

“Yeah,” she told me, laughing. “Because I still feel that there’s a chance that continued psychotherapy beyond the initial disclosure session could have resulted in what it sometimes does - developing the story, making it more coherent, adding details. But did those details get developed in psychotherapy? And again, we don’t know ... You can have intelligent, educated people who develop distorted memories. It could happen to any of us.”

“It is certainly possible that it wasn’t quite as frightening or as violent as she’s now describing it and as people are now refer to it, as a violent attempted rape,” continued Dr. Loftus on the possibility that Ford could have also somehow “amplified” something that happened - such as a misplaced grope or an awkward kiss - into something more sinister. “It’s possible that it got more extreme in the course of her thinking about it.”

Thankfully, especially for those who have been accused and even convicted on the basis of a false memory, much has recently been written on the subject. 

In a Wired article from July 2017 entitled, “False memories and false confessions: the psychology of imagined crimes,” Emma Bryce writes about London South Bank University criminal psychologist Julie Shaw, who “studies how false memories arise in the brain and applies it to the criminal-justice system.”

“Contrary to what many believe, human memories are malleable, open to suggestion and often unintentionally false. ‘False memories are everywhere,’ [Shaw] says. ‘In everyday situations we don't really notice or care that they're happening. We call them mistakes, or say we misremember things.’ In the criminal-justice system, however, they can have grave consequences.”

Among the “red flags” Shaw looks for in cases she works: “who the accuser was with when they recalled the memory, what questions they were asked and whether in other circumstances, such as therapy, somebody could feasibly have planted the seed of a memory that took root in their minds.”

“Finally, Shaw looks for claims that the memory resurfaced suddenly, out of the blue, which can point to repressed memories,” Bryce wrote. “... a discredited Freudian concept that supports the premise that dredging up supposedly forgotten memories can explain a person's psychological and emotional turmoil, but scientifically, it's unsubstantiated.”

Sound familiar?dir="ltr">The Wired article details several cases where defendants were fingered and convicted based on the false or repressed memories of a witness, only to be overturned later when irrefutable evidence emerged. 

Additionally, the book Miscarriage of Memory, published in 2010, includes: “Thirteen [British] case histories, from over 2000 on record at the BFMS, where allegations of historic child sexual abuse involved evidence based on uncorroborated ‘memories’, often newly ‘recovered’ during therapy.”

And there’s plenty more on the subject, like here, and here.p dir="ltr">“Typically such cases occur when a vulnerable individual seeks help from a psychotherapist for a commonly occurring psychological problem such as anxiety, depression, low self-esteem, and so on,”  wrote Chris Smith for The Guardian in 2010. “At this stage, the client has no conscious memories of ever being the victim of childhood sexual abuse and is likely to firmly reject any suggestion of such abuse. To a particular sort of well-meaning psychotherapist, however, such denial is itself evidence that the abuse really did occur.”

“Just because someone is telling you something in a lot of detail and with a great amount of confidence doesn’t mean it happened,” said the aforementioned Dr. Loftus in 2014. 

“Although our memories seem to be a solid, straightforward sum of who we are, strong evidence suggests that memories are actually quite complex, subject to change, and often unreliable,” writes Psychology Today on the topic of false memories. “We reconstruct memories as we age and also as our worldview changes. We falsely recall childhood events, and through effective suggestion, can even create new false memories. We can be tricked into remembering events that never happened, or change the details of things that really did happen. Malleable memory can have especially dire consequences in legal settings; highlighted areas of interest are children as eyewitnesses, sexual abuse, and misidentification.”

“To quote the American Psychological Association, there is ‘little or no empirical support’ for the concept of repressed or dissociated memories of sexual abuse,” wrote Psychology Today’s Temma Ehrenfeld in a 2015 piece about the repression of childhood memories. “False memories are well-documented in legal history. We are vulnerable to what psychologists call ‘suggestion’ and can innocently construct false or ‘pseudomemories’ of events that never occurred, if they are encouraged by someone we trust. One disturbing 2007 study found that when people recalled sexual abuse in childhood during therapy their account was less likely to be corroborated by other evidence than when the memories came without help. Sadly, well-meaning therapists have done their patients harm.”

Finally, this Associated Press article destroys the concept of “confidence” being an indicator of truth and shows how perception at the time can lead to honesty from both parties, but not truth. 

“Your beliefs and expectations shape what you perceive in your life and how you later remember those events, researchers say. 'You are constructing the reality out there as it happens, and therefore you get stuck with that ... as the most accurate you can have for your memory,' said David Rubin, a professor of psychology and neuroscience at Duke University. 'That's all you have to base your memory on.'

“So in a situation where a woman fears being raped by a man, her memories might be shaped by that fear into a recollection that overestimates the threat, whereas the man might consider it 'just playing around' and simply forget it later on, Rubin said. And both could be completely honest about their recollections.”

All this, to be sure, is a lot to remember as Christine Ford and Deborah Ramirez share their own memories. But how it’s all interpreted in the end will certainly be memorable, as history literally hangs in the balance.


TOPICS: Culture/Society; Editorial
KEYWORDS: brain; brettkavenaugh; christineblaseyford; christineford; deborahraminez; memory; psychology; sexualallegations; sexualassault
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1 posted on 09/24/2018 8:13:53 AM PDT by Kaslin
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To: Kaslin

Every liberal is a lying, violent totalitarian thug.


2 posted on 09/24/2018 8:15:49 AM PDT by stinkerpot65 (Global warming is a Marxist lie.)
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To: Kaslin
all the evidence we have, or don’t have

As far as I can see Ford is all in the "don't have" category, while Kavanaugh has a lot of exculpatory evidence.

This is basically a weak "he said, she said" case from over 30 years ago. It's a joke. I don't care about sophisticated theories about Memory. This is crude Stalinist politics. Nothing more.

3 posted on 09/24/2018 8:17:46 AM PDT by ClearCase_guy (The MSM is in the business of creating a fake version of reality for political reasons.)
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To: Kaslin
We met at nine, we met at eight, I was on time, no, you were late
Ah, yes, I remember it well
We dined with friends, we dined alone, a tenor sang, a baritone
Ah, yes, I remember it well

4 posted on 09/24/2018 8:18:26 AM PDT by rightwingintelligentsia (Democrats: The perfect party for the helpless and stupid, and those who would rule over them.)
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To: Kaslin

Much of what passes as modern psychology science is pure unproven conjecture and nonsense.


5 posted on 09/24/2018 8:19:54 AM PDT by allendale (.)
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To: rightwingintelligentsia

But was she 8 before she was 7?


6 posted on 09/24/2018 8:21:19 AM PDT by bankwalker (Immigration without assimilation is an invasion.)
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To: Kaslin

“carefully assessing her memories” = waiting for soros’ check to clear


7 posted on 09/24/2018 8:22:27 AM PDT by Pollard (If you don't understand what I typed, you haven't read the classics.)
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To: Kaslin

Using the words of the latest accuser:

“After six days of carefully assessing my memories and consulting with my attorney, I feel confident enough of my recollections to say that I remember Nancy Pelosi at a drunken dormitory party, thrust her vagina in my face, and caused me to touch it without my consent as I pushed her away.”

You think it would take 6 days to recall that horror?


8 posted on 09/24/2018 8:22:47 AM PDT by GrandJediMasterYoda (Vox populi, vox dei)
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To: rightwingintelligentsia

This is part of the left’s attempts to portray every white, conservative male as a closet sexual predator, with a sordid history of sexual abuse just waiting for some “victim” to recall the “events”. In one year we’ve had a very similar pattern of allegations against two judges, both based on decades old recollections of women who were allied with the Democrat attack machine. Roy Moore was a doddering old man and seemingly incapable of understanding the magnitude of the forces aligned against him. Let’s hope that Kavanaugh is much more mentally agile and prepared to eviscerate his accusers. He doesn’t just need to deny the accusations, he needs to spell it out for what it is - an 11th hour hit orchestrated by the collusion of Democrats, media, and two liberal activists. Take a lesson from Clarence Thomas and go on the attack.


9 posted on 09/24/2018 8:26:35 AM PDT by littleharbour ("You take on the intel community they have six ways from Sunday at getting back at you" C. Schumer)
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To: Kaslin
Before the supposed age of Hillary and her "irredeemable deplorables," the influence of Christianity held strong in much of the American mind. The teachings of the Author of that faith held that all are redeemable in the eyes of their Creator and that, in the eyes of what America's Declaration of Independence called "the Supreme Judge of the world," all are accountable to that Being.

Such belief in that accountability underlies the Constitution's requirement of the "Oath" of office--an accountability which Geo. Washington mentioned in his Farewell Address.

The Liberal/Progressive ideology is sad in that it provides no such idea of redemption--provided only that one human being's belief system disagrees with the Progressive view, leaving a hopeless and helpless, empty and hateful ideology controlling the minds and actions of a populace who seem to have lost their way.

10 posted on 09/24/2018 8:38:50 AM PDT by loveliberty2
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To: stinkerpot65
Every liberal is a lying, violent totalitarian thug.

I'm sure there are some nice ones... but I get your drift...

11 posted on 09/24/2018 8:59:00 AM PDT by GOPJ (Kavanaugh gave me a wedgie in the fourth grade ... michealpramirez)
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To: Kaslin
fingers crossed...

Christine the Balsey Fraud
...he touched me, he touched me, and I'll never beeee the saaaaame...

fingers uncrossed...

12 posted on 09/24/2018 9:06:51 AM PDT by DoughtyOne (01/26/18 DJIA 30 stocks $26,616.71 48.794% > open 11/07/16 $215.71 from 50% increase in 1.2183 yrs)
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To: Kaslin

Democrats seem to have just enough of the Mnemonic Acuity it takes to remember to lie, and often.


13 posted on 09/24/2018 9:07:29 AM PDT by Richard Axtell (So, this is the Third World! What happened to the first two?)
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To: GrandJediMasterYoda
You think it would take 6 days to recall that horror?

It would take 1,000 years to forget it.

14 posted on 09/24/2018 9:38:55 AM PDT by Right Wing Assault (Kill-googl,TWITR,FACBK,NYT,WaPo,Hlywd,CNN,NFL,BLM,CAIR,Antifa,SPLC,ESPN,NPR,NBA)
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To: Kaslin

This assumes the leftist hags are not straight lying, which is my belief.


15 posted on 09/24/2018 9:59:10 AM PDT by jospehm20
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To: Kaslin
that some, or maybe no night in 1982
16 posted on 09/24/2018 10:10:43 AM PDT by conservatism_IS_compassion (Journalism promotes itself - and promotes big government - by speaking ill of society.)
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To: jospehm20
This assumes allows for the possibility that the leftist hags are not straight lying, which is my belief probable but not ENTIRELY certain .
17 posted on 09/24/2018 10:26:39 AM PDT by conservatism_IS_compassion (Journalism promotes itself - and promotes big government - by speaking ill of society.)
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To: conservatism_IS_compassion

fair translation.


18 posted on 09/24/2018 11:28:54 AM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: GOPJ

The people who would lie about Kavanaugh or force Marine LePen into a mental institution are evil people bent on our destruction.

They are not crazy or sincerely mistaken, any more than Nazis were crazy or sincerely mistaken.

Democrats will do the same to us that the Nazis did to the Jews- at the moment they have enough power.

Republicans need to face up to reality.


19 posted on 09/24/2018 12:06:30 PM PDT by stinkerpot65 (Global warming is a Marxist lie.)
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To: ClearCase_guy
This is basically a weak "he said, she said" case from over 30 years ago. It's a joke . . . Presumptively This is crude Stalinist politics. Nothing more.
I don't care about sophisticated theories about Memory.
. . . whereas I am alarmed at naive theories of memory which allow the cynical to practice on the credulity of the gullible.

After my mother died 5 years after an Alzheimer’s Disease diagnosis, I remarked to a medical professional that I thought I had learned a good bit about memory. He replied that I probably had an Associate Degree’s worth of understanding of the subject from my experience.

I observed in Mother’s behavior and understanding the fact that we all remember only part of our experience, and when we try to remember something we often call to mind facts related to the question at hand, and conclude the answer by interpolation from those facts that we do remember. It tends to work, a lot of the time, getting the information we want/need from our brains. But it is a thought process - it isn’t a simple table look-up.

The key point is that, having “refreshed” your memory with the fact that things happened in a certain sequence and you can pin things down by going by what you remember, you also tend to remember your conclusion which you inferred from what you did remember. Now your memory of a long-ago event is colored by a conclusion you have drawn recently. By this mechanism you actually alter a memory in the process of accessing it.

(In the case of Mother’s Alzheimer’s Disease, what happened was that her (accurate) memories became sparser as time went on but she continued to rely on interpolating between the memories that she did retain. And that meant that her “memory” - actually conclusions from her memory - became wildly inaccurate. Not just “I don’t know” but “remembered” - wildly inaccurately).
The conclusion is that the possibility of generating of “very definite memories” inheres in a process such as psychotherapy. Note well - generating not actually recovering but generating - “very definite memories” which might bear no relation to reality at all.

As you say, litigating a 35 year ago memory is a joke. But litigating a “recovered” “memory” is a travesty.


20 posted on 09/24/2018 1:48:42 PM PDT by conservatism_IS_compassion (Journalism promotes itself - and promotes big government - by speaking ill of society.)
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