Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: staffwriter
A good friend of mine (bestman at her wedding) is a defense attorney. What lawyers will tell you is this:
For swaying a jury nothing is better than eyewitnesses, people believe other people quicker than they'll believe anything else.
For finding out what happened, check with eyewitnesses last if at all, it's been well doccumented that it's very easy to change what people think they saw just in how you phrase the question, human memory is amazingly fallible.

We did a test in my psych class (based on a semi-famous test done years earlier) that really showed just how crappy human memory really is. In this test we're shown "live footage" of a car accident then given a sheet with 10 questions about the accident, all short answer stuff. There were a couple of "seed" questions in there, things phrased to push you towards changing your memory of the accident. Then we collated the answers and rewatched the the accident. My favorite question was "did the pickup truck in the accident have a gun wrack?", only one person in class (about 40, no I wasn't the smart one) answered correctly, which was: what pickup truck, there weren't any. No that's a little unsubtle, but it's lack of subtlety illustrates the point: 39 out of 40 people had their memories edited to include a non-existent pickup because the question made them decide they were wrong.

Keep that in mind when you're on a jury. Eyewitness testimony ain't worth squat. But people worship it.

39 posted on 11/16/2001 1:10:16 PM PST by discostu
[ Post Reply | Private Reply | To 21 | View Replies ]


To: discostu
I read an article lately about witness testimony and ID line-ups. You're right, subtle suggestions in the way things are presented can lead witnesses to edit their memories in a certain direction. However, eyewitness statements given soon and spontaneously--without suggestions--are far less likely to be molded. The tests test the power of suggestion more than memory itself.

Interesting footnote--In the parrt I read about line-ups, people were much likelier to make a false ID if there was a suggestion that the perp was in the line-up. It was as though they thought they were "supposed to" find him. When there was no indication one way or the other, their accuracy was nearly 100%. The researchers have tried to educate police departments around the country to improve their ID success and cut down on bad arrests but without much success. Sorry I can't tell you the article, but it may have been in The New Yorker.

60 posted on 11/16/2001 1:10:45 PM PST by smorgle
[ Post Reply | Private Reply | To 39 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson