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Memory and brain mechanisms
The brain processes and memory
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In the magic of the mind author Dr. Elizabeth loftus explains how a witness’s perception of an accident or crime is not always correct because people's memories are often imperfect. “Are we aware of our minds distortions of our past experiences? In most cases, the answer is no.” our minds can change the way we remember what we have seen or heard without realizing it uncertain witnesses “often identify the person who best matches recollection
In chapter 6 of Unfair, Adam Benforado addresses the issues regarding human being’s poor memory and our justice systems outrageous reliability on eye witness testimony. Benforado believes that our real memories are severely obstructed by the human brains limit in perception. Our brains are not able to recall every moment of every day because there is simply no way to process everything we encounter in a day. Although most science supports the idea that our memories are unreliable and biased, most of us humans believe we have good and accurate memory. We also expect other to be able to perform basic memory task with accuracy and consistency, which is why for years, the United States so desperately depended on eye witness testimony to get a conviction. This desperation over the years has left hundreds, possibility thousands of innocent citizens paying for a crime they did not commit. According to the reading, of the first 250 exonerations in the United States, 190 of them happen to have involved mistaken identification’s
Eye witness testimony can be a very important piece of evidence surrounding criminal cases but not always the most reliable. As discussed in the textbook Criminal Evidence: Principles and Cases, jurors often rely very heavily on eyewitness interpretations of an incident to determine whether or not a defendant is guilty. Since an adult is presumed to be competent, a juror will often make the assumption that the testimony provided is an accurate account of the events that took place. Amongst other factors, the amount of stress the witness is under at the time of the crime, the presence of a weapon, lighting and the lack of any distinguishable characteristics can play a role in creating a false memory. Under that extreme pressure, a witness is more likely not to recall certain aspects of an incident. Their attention may have been drawn elsewhere and they never noticed the suspect’s beard, tattoos or facial features which can be crucial identifiers. The consequences of falsely identifying a suspect due to false memories can ruin an innocent person’s life, have them convicted and cause them to be punished for a crime that they did not commit.
For example, when the victims want to remember something, or someone, strongly and with high confidence, the witness can still be wrong. The eyewitness is given all the photos of the suspects laid out to identify the person they remember committing the crime. Also the eyewitness is asked to identify each photo whether is the culprit or not. Prosecutors should look over the cases before relying on eyewitness. Prosecutors should not depend on eyewitness testimony because that will lead to wrongful convictions. The wrongful convictions span the criminal justice system from investigation and arrest to prosecution and trail(Ferrero). False conviction makes the justice system stronger and arresting innocent is wrong. And picking out person similar to the murder. Not catching the real suspect might cause the public risky. Public safety be in risk."Wrongful conviction is gravest violation of personal liberty and also poses severe public safety risks, as the real perpetrator could remain on the street," an innocence Project news release said. The real suspect might kill many people or if the eyewitness might be in risk. If the victim is still life might be kill again. Lying about someone is not good thing might have miserable life in their future.
Memory is not reliable; memory can be altered and adjusted. Memory is stored in the brain just like files stored in a cabinet, you store it, save it and then later on retrieve and sometimes even alter and return it. In doing so that changes the original data that was first stored. Over time memory fades and becomes distorted, trauma and other events in life can cause the way we store memory to become faulty. So when focusing on eyewitnesses, sometimes our memory will not relay correct information due to different cues, questioning, and trauma and so forth, which makes eyewitness even harder to rely on. Yet it is still applied in the criminal justice system.
There has been considerable debate worldwide, regarding the accuracy of eyewitness testimony in the criminal justice system. Particularly, arguments have surrounded wrongful convictions that have resulted from incorrect eyewitness evidence (Areh, 2011; Howitt, 2012; Nelson, Laney, Bowman-Fowler, Knowles, Davis & Loftus, 2011). The purpose of this essay is to consider psychological research about the accuracy of eyewitness testimony and its placement in the criminal justice system. Firstly, this essay will define how eyewitnesses and their testimonies are used within the criminal justice system and the current debate surrounding its usage. Secondly, the impact of post-identification feedback will be used to show the affect on the confidence of a witness. Thirdly, studies around gender related differences will show how a witnesses gender can affect memory recall and accuracy. Fourthly, empirical studies will be used to highlight how a psychological experience called change blindness can cause mistakes in eyewitness identification. Finally, the effect of cross-examination will be used to explore the impact on eyewitness accuracy. It will be argued, that eyewitness testimony is not accurate and highly subjective, therefore, the criminal justice system must reduce the impact that eyewitness testimony is allowed to have. Developing better policies and procedures to avoid wrongful convictions by misled judges and jury members can do this.
Bartlett’s theory of reconstructive memory (1932) suggests that we tend to see and in particular interpret and recall what we see according to what we expect and assume to be normal in a given situation, which certainly questions the reliability of eye witness testimony.
This study took place because if memories are believed to be inaccurate then why are things such as eyewitnesses’, in legal proceedings, taken so seriously when their memory can easily be false
During the identification and prosecution of a suspect, eyewitnesses are of the utmost importance. They provide crucial information that determines the fate of the criminal, whether their memories are true to the event or slightly altered. Many eyewitnesses, being the victims of these crimes, have strong emotions related to the event. It has been found that emotions play a role in the accuracy and completeness of memories, especially in eyewitness testimony (Huston, Clifford, Phillips, & Memon, 2013). When emotions are negative in content, accuracy increases for memory of an event (Storbeck & Clore, 2005; Block, Greenberg, & Goodman, 2009). This finding holds true for all types of eyewitnesses, including children. There is no difference in memory between children and adults for aversive events, suggesting that the child eyewitness is just as capable as the adult eyewitness to give an accurate testimony (Cordon, Melinder, Goodman, & Edelstein, 2012). For my research paper, I will focus on the role of emotion in children’s eyewitness testimony.
The mind is so complex; it is hard to describe it in words in general. The mind consists of many things; wants, wishes, philosophy, and everything a person says, does, or thinks. The mind is described from intellect and intuition to focus, each commenting on aspects of the mind. However, Marianne Moore’s use of the word “enchanting” in the poem “The Mind is an Enchanting Thing” is the more effective and correct way to describe the mind. In Merriam-Webster, enchanting is defined as charming with synonyms like charismatic and appealing. This definition is what the mind embodies in its many aspects. In Moore’s “The Mind is an Enchanting Thing”, she introduces the idea of mind’s multifaceted nature using a comparison
Eyewitness testimony is defined as, “an area of research that investigates the accuracy of memory following an accident, crime, or other significant event, and the types of errors that are commonly made in such situations.” Much emphasis is placed on the accuracy of eyewitness testimony as often-inaccurate eyewitness testimony can have serious consequences leading to wrong convictions. Eyewitness testimony is a powerful tool within any field, particularly that of justice, as it is a readily accepted form of evidence that allows for convictions. However, Tests conducted by Loftus have shown an enormous swing from a non-guilty verdict, to guilty within the same case, simply through the introduction of an eyewitness. This alone displays the importance of eyewitness testimony, and accentuates the theory that jurors tend to over believe, or at least rely heavily on such accounts.
We can imply this finding of false memory in many ways in our lives. We all should note that our memory cannot be trusted 100% and we should not solely rely on our memory when it comes to making critical decisions. Just like the murder trial example used in earlier, when it comes to eye witnessing, the judge should take possible false memory into account when making the final decisions and try to obtain objective evidence along with the memory of the witness.
According to Lisa Zunshine, theory of mind is essential to both verbal communication, and reading fiction. She defines the principle as the ability to explain physical actions through mental phenomena. Through ToM, we are able to discern the thoughts and motives of people that we encounter. For example, when someone is yelling and animated, we can infer they are likely upset. When reading, we also attribute mental states to characters; we question the motives behind their decisions. Zunshine suggests that this is the reason that we enjoy reading fiction. It parallels our interactions in real life.
Eyewitness testimony is especially vulnerable to error when the question is misleading or when there’s a difference in ethnicity. However, using an eyewitness as a source of evidence can be risky and is rarely 100% accurate. This can be proven by the theory of the possibility of false memory formation and the question of whether or not a memory can lie. For instance, a group of students saw the face of a young man with straight hair, then heard a description of the face supposedly written by another witness, one that wrongly mentioned light, curly hair. When they reconstructed the face using a kit of facial features, a third of their reconstructions contained the misleading detail, whereas only 5 percent contained it when curly hair was not mentioned (Page 359). This situation shows how misleading information from other sources can be profoundly altered.
Gilbert Ryle’s The Concept of Mind (1949) is a critique of the notion that the mind is distinct from the body, and is a rejection of the philosophical theory that mental states are distinct from physical states. Ryle argues that the traditional approach to the relation of mind and body (i.e., the approach which is taken by the philosophy of Descartes) assumes that there is a basic distinction between Mind and Matter. According to Ryle, this assumption is a basic 'category-mistake,' because it attempts to analyze the relation betwen 'mind' and 'body' as if they were terms of the same logical category. Furthermore, Ryle argues that traditional Idealism makes a basic 'category-mistake' by trying to reduce physical reality to the same status as mental reality, and that Materialism makes a basic 'category-mistake' by trying to reduce mental reality to the same status as physical reality.
Magic tricks have fascinated people of all ages for centuries. From David Copperfield to Chris Angel, many performers use magic to amaze and astound. One of the least elaborate types of magic tricks is the card trick. There are two main types of card tricks: there are mathematical card tricks and sleight of hand card tricks. The former are simple to learn, but do not impress audiences. To really attract attention, an aspiring magician should learn sleight of hand card tricks. Sleight of hand card tricks are tricks that use misdirection and special manipulations of a deck of cards to do something seemingly impossible. The techniques involved require much practice. While performing a sleight of hand trick, a magician must constantly be distracting the audience. Because of this, many people believe that they are not capable of learning sleight of hand magic. In order to prove them wrong, I will describe a simple sleight of hand trick that anyone can learn, as long as they remember that we all have the potential inside of us to do magic.