Topic > Eyewitness Error - 1175

Memory is a cognitive function of the brain that is often taken for granted. Memory can serve many purposes, but above all it is essentially the record of an entire life. From this perspective, memory is the most important aspect of consciousness. Unfortunately, through formal experimentation it has been shown that memory is quite imprecise, inconsistent, and often influenced by our own experiences and the biases of others. Memory is not only affected during an observed event, but there are cases where memory can also be affected after an event. There are also cases where memory can be affected retroactively due to personal experiences and biases. Misremembering memories from one's life is usually not harmful, but the imperfect nature of long- and short-term memory functions becomes a serious issue regarding criminal eyewitness testimony. In the justice system, eyewitness testimony is legitimate and can be crucial in the judging process. The justice system was built to rely on testimony that is often inaccurate and inconsistent in many ways. The way memories are constructed lends itself to errors. According to the constructive approach to memory, what people remember is not only based on what actually happened, but also includes other factors such as prior knowledge, experiences, and expectations (Goldstein, 2011, p. 249). This is concerning because eyewitness testimony forms the foundation of most criminal trials. The case of Mark Diaz Bravo is an example of how false testimony can not only destroy an individual's life, but how eyewitness error can lead to the false incarceration of a wrongfully convicted person. Mr. Bravo was accused of raping a psychiatric patient... halfway through the document... by eyewitness error. Although the amount of errors in eyewitness memory is currently a matter of debate, the fact that there are errors should be taken more seriously by the justice system. ReferencesGoldstein, E. B. (2011). Cognitive psychology: connecting mind, research and everyday experience. Belmont, CA: Wadsworth, Cengage Learning. No author. (2004). Innocence lost – not guilty after all. The San Francisco magazine. Retrieved May 19, 2011, from www.sanfranmag.comHudson, J. A. (1990). “Constructive Processing in Children's Event Memory.” Developmental Psychology, 26(2), 180-187. Doi:10.1037/00120-1649.26.2.180Loftus, E. F., Miller, D. G., & Burns, H. J. (1978). Semantic integration of verbal information in visual memory. Journal of Experimental Psychology: Human Learning and Memory, 4(1), 19-31. doi:10.1037/0278-7393.4.1.19