Memory In Life And Law

Robert Fettgather has taught at San Jose State University, National University and Mission College in Santa Clara.  He has addressed State and National Conferences on a variety of topics. The Institute for Personality and Ability Testing has certified Robert Fettgather as a Stress Management Trainer, and Medical Hypnosis Seminars of the Los Gatos Institute has certified him in Clinical Hypnotherapy

Remember that hike down a beautiful trail. Sure you do. But how exact is that recollection?

Memory serves as a fundamental component of human cognition, influencing various aspects of our lives, including legal proceedings. Memory-based reports, or eyewitness testimonies, often play a pivotal role in determining the outcome of legal cases. However, the reliability of such reports has been a subject of considerable debate within the legal community. If you think of your memory as some kind of flawless recoding device read on!

Memory is inherently fallible and subject to distortion. It is not a perfect recording of events but rather a reconstructive process influenced by various factors, including perception, attention, emotions, and post-event information. Human memory operates in a dynamic fashion, with memories being continuously shaped and modified over time. Some argue that each time we recall an event, we affect and even alter that particular memory.

Let's turn to legal considerations again. Recognizing the limitations of eyewitness testimony, the legal system has implemented various safeguards to mitigate the risks of wrongful convictions. These include jury instructions on assessing eyewitness credibility, expert testimony on the fallibility of memory, pre-trial identification procedures such as lineup administration, and the admissibility of corroborating evidence.

Advancements in forensic science, such as DNA analysis, have revolutionized the investigation and adjudication of criminal cases. DNA evidence can provide an objective means of identifying perpetrators and exonerating the wrongly accused, thereby reducing reliance on potentially unreliable eyewitness testimony.

By incorporating scientific research and employing appropriate legal safeguards, the legal system can strive to enhance the reliability and validity of memory-based reports while minimizing the risk of wrongful convictions. Ultimately, fostering a nuanced understanding of memory within the legal community is essential for upholding the principles of justice and safeguarding individual rights.