memory

False memories

New York Times/Rich Docherty

New York Times/Rich Docherty

The American justice system is based on eyewitness testimony. We bring people into court to tell the finder of fact what happened. This is often supplemented by documents, computer records, and these days, video recordings and genetic testing.

We still use eyewitnesses to help us understand what happened. The problem is that our minds work in such a way that witnesses often get things wrong. The New York Times recently published a story titled “Witness Accounts in Midtown Hammer Attack Show the Power of False Memories.” You can find that story here. You can find about the attack here, here, and here.

Our psychologist friends aren’t surprised that eyewitnesses often miss facts. Even mice may have false memories! The Times quotes several psychologists who say that false memories are very easy to make. The Times even speaks to an eyewitness who described the scene but when compared with the video, the witness observed things that didn’t happen.

Our minds are wonderfully complex machines. They have to make hundreds, if not thousands of decisions a second to help protect us from the myriad stimuli that we experience every moment of our lives. We think we know what we saw, heard, felt, or read, but the reality is those things have been filtered for us. And as the Times’ article explains, our recollections not only err on what we saw, but a significant portion of the time, our minds invent facts that weren’t shown to us.

Have you experienced a witness or a client with a false memory? How was that memory shown to be false? Did the witness understand the falsity of the memory when shown a document or video that showed a different reality? Please share your experiences.

Nice to meet you…what’s your name again?

How many times have you been at a meeting or a party, meet someone, and less than five seconds later you’re thinking, “What’s that person’s name?” Why is it so difficult to remember the name of someone you just met?

It has to do with your brain (shocking news). According to this Lifehacker article, your brain has short-term and long-term memory. The short-term memory releases information all of the time because it has to process so much information. Your brain wants to make connections–and retain memories–when it has data to connect. A person’s name isn’t necessarily something that we connect with, but other information about them that we’ve learned, such as where they live, or what they do for a living does (“Oh, you live on Maple Street. My aunt used to live on Maple Street” for example).

One key to remembering someone’s name is to try to link it to something you already know.

Other tips:

  • Say the person’s name back to them after they tell you and repeat the name in your mind several times.You’re creating an impression in your brain (“hey, this is important”) and clarifying that you understood their name.
  • Spell the name in your mind. You are reinforcing the name in your mind.
  • Talk to the person and try to find some association with them, so that you mind will think “this may be a long-term situation, so more mental resources need to be devoted to it.”

More tips on remembering names are here.