Many people feel as though they fully understand the concept of memory but when asked exactly what it is, they find it difficult to put in words or simply define it as how we store and recall past and present information. The study of human memory has been a subject of research and major interest for many years. There are plenty of questions and theories surrounding the concept, but the subject remains quite complex. Majority of the time, many people tend to believe that they remember more than they actually do and most of the time the information that is recalled contains more inaccuracies than truth, but we still believe what we think we remember. Memory is far more unreliable than we may think and over time memory can fade and be left open to be altered and adjusted without realization. Although memory can be shaky and questionable, it still remains an important part of life and to no surprise, an important part of our justice system; specifically focusing on eyewitnesses. Society is aware of how faulty memory can be and traumatic events, stressful moments, and even questioning can modify how we remember the information we have stored. Regardless of how highly unreliable memory can be and the drastic effects it can have on eyewitness validity, it is still applied in our justice system. Adults every day are expected to present evidence in cases based on their recollection of events and many of times they may fall short. If adults struggle with their memory during questioning and testimonies, imagine if that same responsibility and the main source of information in a case had to come from a child. In many cases involving abuse or violence to a child or in a child’s family, it is no surprise that children will be the prime witnesses and information source, but we have to wonder if that causes more harm than good. This paper will discuss the concept of memory, suggestibility of children, the importance and reliability of eyewitness testimony; and to what extent can we rely on the recollection of children.
Memory is defined in the dictionary as, “the faculty of the brain by which the mind stores and remembers information”, sounds simple enough you would think, but the concepts stretch far deeper. The Textbook of Clinical Neurology describes memory as the recording, retention, and retrieval of knowledge. It accounts for all knowledge gained from experience-facts that are known, events that are remembered, and skills that are gained and applied (Brewer, 2007). In more basic terms, as humans our minds take quick snap shots of the world around us, stores them and when we recall what we saw and the information we remember, we piece everything together to form that memory. Majority of the memory we have stored is done without our knowledge, meaning we go through life, and our mind takes in our surrounding such as what is on the billboard that is posted by the freeway you take to work. Majority of people are unaware that we have that memory stored until we actually need to use it and that’s how it is for years. From birth we are stormed with immense amounts of information regarding both ourselves and the world around us and we must learn how to hold onto everything. Our brain has different models of memory, both short-term and long-term memory, one lasting just a few seconds and the other lasting months and years. The Textbook of Clinical Neurology focuses on and describes both models of memory. Short-term memory is explained as information we are aware of thinking about in the moment which can last around thirty seconds unless we rehearse it (Brewer, 2007). The best example that majority of people have experienced is trying to remember a phone number. When someone tells you a phone number, you try quickly to remember it but seconds later you noticed that you have already forgotten it. If you had rehearsed it, such as repeating the number numerous times then maybe it would have been more committed to your memory, but short-term memory is still open to inference. Any new information that we obtain during that quick time will replace the old; if someone gives a number and a short time after you receive another number, there is a chance that you will mix both numbers up and create one you think is correct or the number you kept repeating may be one number off and now you have the wrong number committed to memory. Although short term memory can quickly be forgotten, memory that is rehearsed or attended to can then become long-term memory. Long-term memory on the other hand, is described as permanent and semantic memory that is used to interpret new experiences and the ongoing use is what can cause the original memory to become altered and inaccurate. It becomes organized by meaning rather than perceptual characteristics (Brewer, 2007). The example given referred to people who may remember the content of a sentence they had read far better than the specific words in the sentence and similar to short term memory being opened to interference, this is when long-term memory becomes susceptible to distortion and error.
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There have always been discussions about just how perfect and accurate the human memory is. No system is perfect; there are times we may forget or misremember something or there may be moments the memory was not properly or correctly stored to begin with. This is where the concept of memory errors comes into play. During the APA 2003 Convention, the author of ‘The Seven Sins of Memory’, Daniel Schacter, stated: “Memory, for all that it does for us every day…for all the feats that can sometimes amaze us, can also be a troublemaker” (Schacter, 2002). The book divides memory errors into seven fundamental transgression or sins, as it’s called. The first three which are described as sins of omission which is simply when we fail to bring a memory to mind. This includes transience which refers to the weakening and loss of memory through time, absentmindedness, the breakdown between attention and memory, and blocking which is a thwarted attempt to retrieve information. The next four are considered sins of commission which is when the memory brought to mind is incorrect. These include misattribution, a natural cognitive mix up, bias, which is when our knowledge and beliefs affect how we remember a past event, persistence, remembering something we wish we could forget, and finally and the most dangerous, suggestibility; the main sin of focus, which is when our memory is distorted by information from external sources. All forms of memory errors are very important and have been studied in-depth for decades but when referring to the topic at hand, suggestibility is of the most importance and in my opinion, causes the most drastic effects.
When needed, we try hard to remember or recall a specific event in time and sometimes it can be difficult to recall things perfectly and exactly the way it happens. When we fall short and continue to struggle, it is easy for someone to include their suggestion of what may have occurred and unconsciously, our memory begins to follow along with that suggestion and we use it to fill in the missing gaps therefore forming a memory we believe to be accurate. In this case, although we are filling in missing pieces with inaccurate but plausible information, we are not lying nor are we making something up. Our minds genuinely believe what we are recalling to be true even if the event didn’t happen that way or in some cases didn’t even happen at all. Referring back to Daniel Schacter book, ‘The Seven Sins of Memory’, “suggestibility in memory refers to the tendency to incorporate information provided by others, such as misleading questions, into one’s own recollections” (Schacter, 2002). The book delves deeper into the concept and negative effects of suggestibility. It states that, “when people are asked suggestive and misleading questions about a previous event, their recollections of the original event may be altered by the provision of erroneous post event information” (Schacter, 2002). This is a serious concern when legal context comes into play and suggestive questioning by law enforcements can lead to errors in eye witness testimonies, false confession and even false imprisonment. This has been a problem in our justice system for decades and the fate of people lives and freedom has depended on the recollection of regular people. Unfortunately, no one is more vulnerable to suggestive influence than young children. Kids not only tend to have an overly active imagination, but they remain an essential part of criminal case. No one seems to question just how fragile a young mind can be and just how much responsibility and trust is placed on them.
In a scholarly article titled, ‘The Suggestibility of Children: Scientific Research and Legal Implications’, the author Richard D. Friedman researched the vulnerability of children to suggestions. He states that, within the mainstream scientific community, scholars agree that young children are more susceptible than older individuals to leading questions and pressures to confirm to the expectations and desires of others (Friedman Ceci, 2000). Majority of cases were the reliance of child memories and testimonies are brought into question is that of childhood sexual abuse or violence. Studies showed that although preschooler’s memories are often accurate, Schacter explained that suggestive procedures can lead to the creation of subjectively compelling false recollections of autobiographical episodes. There are numerous cases involving people being found guilty of sexual crimes they did not commit due to the recollection of a child. One tragic case in particular is the case of Fell Acres Daycare in Massachusetts was an entire family was falsely convicted. The incident dates back to 1984 when a five-year-old boy informed his uncle that he was touched on his private parts at school. The young boy had wet his self at school and a school attendant helped change him into some clean clothes. The mother of the boy claimed that soon after the incident the boy began displaying disturbing behavior. The boy explained that at school the attendant had pulled down his pants. The mother continued to question the young boy further until he stated that he was taken into a secret room where he was abused and indicated that other children at school were abused as well. The mother reported the abuse and a meeting was held at the local police station where sixty-five other parents were informed to question their child and be persistent if the child was reluctant to speak about it. Parents were informed of specifics of the incident and what behavioral symptoms to look out for. After the meeting, many more children had begun to disclose similar stories. Children had spoken about a secret room, a clown, robots and knives. In the end, three people were charged with molesting and abusing a total of twenty-nine children. Thirteen children had testified against the adults in questioned and jurors stated that the children’s testimony had a major influence. This case was a prime example of the negative affect’s a child testimony could have on a case. The children were interviewed improperly and tainted with suggestive questioning, prolonged questioning by parents, police officers, and lawyers and even when they tried to deny that anything had happened, they were still being heavily pressured. Imagine being an adult and being questioned by numerous people for a prolonged period of time. We as adults would struggle with such a thing so one could only imagine how difficult it would be for children who has a need to please their parents and adults. It is unfortunate to say that this is only one of many cases that involved false statements from children.
Author Ross E. Cheit wrote a book titled ‘The Witch-Hunt Narratives’ that highlighted high profile criminal cases involving day care centers and sexual abuse of children. One of the cases researched was the McMartin Preschool case which involved children making some bizarre and far out accusation case, along with a dozen other cases that were eventually labeled as nothing more than witch hunts. Cheit explained: “McMartin was the first of a series of prosecutions in the 1980s that have come to be seen as a collective witch hunt, in which panicked parents and incompetent investigators led children to make up stories of abuse by adults at day care centers and preschools”. Children we asked leading questions, adults had insinuated that other children had already told what happened, children were even scolded for denying they were abused, and they were constantly interviewed until they said wat adults wanted to hear. Its cases just as this that set a precedent for how children should be handled in future cases but unfortunately things are still far from perfect.
There are many different forms of evidence that can be utilized in a case to determine the resolution of a case or dispute, but eye witness testimonies have remained an important factor. Although juries pay close attention to witness testimonies and depend and rely on it as an important source of information, eye witness testimonies have continued to be an important area of research. Studied has shown that eyewitness testimonies are the main form of evidence in more than 20% of cases but 75% of false convictions are due to inaccurate eyewitness statements. The Innocence Project has proven how false eye witness testimonies and misidentification are the most common cause of wrongful conviction than all other factors combined. There has been many studies and research that states that this type of evidence is too unreliable and can end up causing more harm than good. No were does is state that eyewitnesses should not be used, it is simple stating that too much reliance is placed on evidence that is not concrete. Many innocent people spend years in jail just to later be exonerated through DNA or other evidence and many people never get to see freedom and have to carry out a sentence for a crime they did not commit. Although eye witness testimonies have been the forefront of many studies and research, the attention did term to whether we can rely on young children to provide an accurate account of events.
‘Perspectives on Children’s Testimonies’ is a book they addressed a study done by Yarmey and Jones in 1983. The study asked different groups of people involving criminal lawyers, judges, law students as well college students, to judge their reliability of a hypothetical testimony of an eight-year-old girl. They were asked how they felt a child of that age would answer questions by police officers or in court. The studied showed that less than fifty percent felt that the child would respond accurately while sixty nine percent felt that the child would respond the way the questioners wished or according to the interviewer’s desire. Children will often choose to answer in a way where they are not disappointing the adult and when it comes to identifying someone, they may choose someone they feel resembles someone they may have seen. Children also want to seem as though they are being helpful especially in cases involving a friend or a fellow classmate. The book, ‘Jeopardy in the Courtroom: A Scientific Analysis of Children’s Testimony’, discusses different reasons behind why a child may provide more incorrect information than truth. Some reason discussed included misleading suggestions, false memories, or the presence of authority. Sometimes the adults interviewing the child actively try to explore a number of possible explanations for the child's statements, and finally, in an effort to help the child open up, some therapists use techniques such as repeated suggestive questioning, visually guided imagery, hypnotic regression, trance inductions, and self-expansion training. The point of the research was to uncover if children can actually remember emotionally stressful event that occurred, or do they tend to reshape or forget the event all together even when it actually occurred.
The topic of this paper is not to just bring attention to suggestibility in children and its effect on cases involving innocent people, but all cases of injustice, even those involving guilty parties as well. Not all cases involve false.
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