False Memory and Eye-Witness Testimony

Discussing the fallibility of human memory and its implications for eyewitness testimony in criminal trials.

Eye-witness testimony is the testimony given by a person who has witnessed the crime and recalls the events of the witnessed crime for the court. When there is no physical evidence to keep the case going, the memory becomes the only method to figure out what happened. Although eyewitness testimony has been very persuasive, there is evidence that these testimonies lead to false convictions. Out of all the clients taken up by the Innocence Project, more than 60% were convicted due to eyewitness misidentification. The accuracy of eyewitness testimony has been questioned by many researchers after Gary Wells, a social psychologist, in his paper, discussed two variables that affect eyewitness memory and identification accuracy. These variables are-

1. Estimator Variable

These are the variables that could affect the accuracy of an eyewitness during a crime. These variables are outside the legal system’s control. These include the witness’s stress level and mental state, the witness’s distance from the crime scene, the witness’s race and the perpetrator’s, etc. These factors impair the witness’s ability to encode and retain information about the crime.

2. System Variable

These are controlled and modified by the criminal legal system and the investigators. They include factors such as lineups, selection of the ‘fillers’ in the lineup, method of recording the eyewitness testimony, etc. These factors can be easily modified.

The Innocence Project, an initiative that exonerates people who have been wrongfully convicted, works on improving the accuracy of eyewitness testimony by pushing reforms that would control the system variable and address the estimator variables.

Human memory is fallible and prone to biases and errors. Memory bias occurs when the participant either cannot recall or selectively recall the event in question or the memory of the event is distorted or altered due to various cognitive, emotional, or social factors. False memory is the phenomenon of recalling an event that did not occur. This can be caused by multiple reasons, including misinformation, confabulation, or source amnesia. Researchers have been interested in the memory domain and trying to figure out what happens in the subject’s brain when a false memory is created. Researchers conducted experiments using fMRI (functional MRI) and EEG (Electroencephalography) to figure out the neural correlates of false memory, and they found that false memories occur due to errors in two memory-phase encoding and retention. False memories also seem to produce prominent alpha-beta activity in the proper parieto-occipital channels. These research projects suggest that false memories could be studied and understood using fMRI, EEG, and other neuroimaging techniques.

On the Witness Stand

Hugo Münsterberg, a German-American psychologist, in his book, ‘On the Witness Stand’, explains how illusions and perceptions of human memory can cause them to lie on the witness stand even when they have no intention to do so. For example, let us take an anecdote from his personal life. Hugo mentions in his book about a time when he was robbed. He was spending time with his family elsewhere when the incident happened. He rushed to his house, checked his belongings, and answered the questions asked by the police officers. He told them about the items he thought were taken, how the burglars had entered, at what time, etc. However, only a few days later, he realised that the statements he had reported under oath were wrong. He had told the police that two burglars had come by the cellar window when he could not know if there was more than one. The burglars also had broken the cellar door instead of coming through the window. He told the police that one of the clocks the burglars were planning to take was wrapped in wrapping paper, but instead, it was wrapped in a tablecloth. Another piece of information that he misremembered was about the candle wax that he thought was on the second floor when it was in the attic. He mentions that he had no prejudice against the man, and his memory served him extensively, yet so many illusions had come in. Despite his good intentions, calm mood, and good memory, he was a victim of false memory without his knowledge.

Interrogation Techniques and False Confessions

In other instances, the suspects have made up memories about a crime they did not commit. In 1989, a woman named Taylor confessed to the murder of an older woman, a crime she did not commit but remembers committing it. She even served 19 years for that crime and felt guilty for two decades for something she did not do. When probed for more information, she would look for help so that she would get the information correct. She would try to get the information in the proper sequence. It had happened, and she was convinced she committed the murder. The reason for her surety was the way this false memory was planted in her brain.

In another similar instance mentioned in ‘On the Witness Stand’, Hugo Münsterberg talks about how the police apprehended an innocent boy who, towards the end of the interrogation, remembers murdering the girl and confesses to a crime he never committed. They had called the suspect and forced him to look at the girl’s dead body. The suspect cried and fainted, after which he was forced to stand up again and was asked to touch the cheeks of the dead girl. The police then asked him leading questions and sometimes put words in his mouth when he seemed confused about the little details of the crime. Towards the end of the interrogation, the suspect was sure he had murdered the girl.

False memories and confabulation can hurt innocent people and take away their lives when the actual perpetrator might be enjoying this fallibility of human memory.

“Justice would less often miscarry if all who are to weigh evidence were more conscious of the treachery of human memory.” – Hugo Münsterberg

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Authored By

Prashansa Tripathi

Prashansa Tripathi is a Researcher and Forensic Psychologist with a master’s degree in Forensic Psychology and two years of experience. She is dedicated to making forensic psychology accessible to all and is particularly interested in deception and the neuropsychology of truth-telling. Outside of work, she enjoys reading, writing, and exploring nature.