Illusions of Memory and Loss of Justice

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Illusions of Memory and Loss of Justice

• Elizabeth F. Loftus
• University of California, Irvine
• Sackler Colloquium on Forensic Science
• National Academy of Sciences
• November, 2005

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The Last Decade
DNA exonerations Eyewitness Testimony
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Innocence Project

• As of November 2005
• -- 163 DNA exonerations
• -- eyewitness errors in about 75 of cases
• -- Eyewitness error remains the single most
  important cause of wrongful imprisonment.
• http//www.innocenceproject.org/

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Dennis Brown
Convicted l984 of Rape, Burglary in
Louisiana Sentence Life Exoneration 2005,
after serving l9 years. Cause Mistaken ID
false confession
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The Last Decade
DNA exonerations Eyewitness testimony
Repressed Memory Accusations
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Do you swear to tell the truth, the whole truth,
or whatever it is you think you remember?
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Research on Memory Distortion
Changing Memory for Actual Events
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Research on Memory Distortion

• The Misinformation Effect

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Research on Memory Distortion

• Planting entirely false memories

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Memory Implantation
When you were about ten, your family went for a
camping trip to Totoranui for two weeks with Gill
and her family, John and Liz, and your
grandparents. You made a lot of friends at the
campsite, and spent most of the time with them
and Bevan.
When you were about four, your family went for a
tramp at Smiths creek near Kaitoke. Bens friend
Sisko also went with you. You set up tents by
the river, and while you were there you swam in
the river, and cooked pancakes over the fire.
When you were about four years old, and Dan was
about seven, your family went for a trip to
Christchurch, to your Uncle Johns wedding.
After the service you walked to the Avon river
where the bride and groom rode a gondola down to
the reception.
You, your mom, and your brother went to Kmart.
You were 5 years old. Your mom gave each of you
some money to get a blueberry Icee. You ran
ahead to get into the line first, and lost your
way in the store. Your mom found you crying to
an elderly woman.
Event 1
Event 2
Event 3
Event 4
False Memory Rate 25
Loftus Pickrell, 1995
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More Planted Memories

• Overnight hospitalization (Hyman 20)

• Accident at Wedding (Hyman 25)

• Serious animal attack UBC 26 com 30 par

• Rescued by lifeguard (Tenn Heaps Nash) -
  37

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High Tech Planted Memories

• Hot Air Balloon Ride
• Wade, Garry, Read Lindsay

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Wade, Garry, Read, Lindsay
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Other Ways to Plant False Memories

• Imagination
• Dream Interpretation
• Exposure to stories of others
• False feedback

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Impossible Memories
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Met Bugs at Disneyland (without Bugs Detectors)
Grinley
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Memories of Bugs

• Shook his hand 62

• Hugged him 46

• Touched his ear 23
• Touched his tail 23
• Heard Whats up doc. 23

• Holding a carrot n 1

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Hugged by Bugs? Yesbut Molested by Mickey?
Berkowitz, Laney, Morris Loftus WPA 2005
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Licked by Pluto
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False Feedback Bad Newspaper Article
ANAHEIM, California (AP) Last Tuesday, the
Disneyland Resort released file records of all
employees who violated the employee code of
conduct during the 1980s and 1990s. The man
dressed up as the Disney character Pluto. The
employee had abused hallucinogenic drugs, while
on the clock for Disney. As a result, the Pluto
character apparently developed a habit of
inappropriately licking the ears of many young
visitors with his large fabric tongue. Records
show that Plutos disturbing behavior went
largely unnoticed by management for several
years In one of the last visitor complaints, a
parent stated, It was obvious that my son was
uncomfortable with Plutos persistent licking.  
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Believers

• Definition
• Positive movement from Session 1 to Session 2
  report memory or belief on final questionnaire
• Bad Condition 15
• Good Condition 29

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Disneyland Questionnaire You had your ear licked
by Pluto (conservative definition)
Conservative Believers and Controls All
Subjects 1 Definitely did not happen 8
Definitely did happen
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Disneyland Questionnaire - Consequences

• What is the most you are willing to pay for each
  of the following Disney souvenirs?
• 11. Disneyland postcard Nothing
  25 50 75 1 1.25 1.50 2
• 12. Keychain
  Nothing 1 2 3 4 5 6
  7
• 13. Mickey Mouse magnet Nothing 1
  2 3 4 5 6 7
• 14. Donald Duck coffee mug Nothing 2
  4 6 8 10 12 14
• 15. Pluto stuffed animal Nothing 5
  10 15 20 25 30 35
• 16. Winnie the Pooh t-shirt Nothing 5
  10 15 20 25 30 40
• 17. Tigger boxer shorts Nothing
  5 10 15 20 25 30 40

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Consequences - Willingness to pay for a Pluto
Stuffed Animal
Conservative Believers and Controls All Subjects
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'Tigger' arrested on molestation charges Costumed
character at Disney World charged with fondling
girl, mother. Orange County Sheriff's Office
investigators have arrested a Walt Disney World
employee who worked as the character "Tigger" and
charged him with molesting a 13-year-old girl and
her mother while posing with them for pictures in
February.Michael Chartrand, 36, was charged
with one count of lewd and lascivious molestation
of a child between 12 and 15 years old and one
count of simple battery.He was booked into the
Orange County Jail today on a 2,500 bond.A
Disney spokeswoman said Chartrand has been
suspended without pay.The sheriff's office
received a complaint that a costumed character at
Disney World had touched a girl and her mother
inappropriately while their pictures were being
taken with the character Feb. 21. According to an
incident report, Chartrand fondled the breasts of
the girl and the mother while posing for pictures
at the Magic Kingdom's Toon Town."As the photo
was being taken, the victim claims that Tigger
moved his right hand up to her right breast and
started massaging it several times," the incident
report states. The victim became very
embarrassed and ashamed of the incident and
claims that she did not say anything to her
mother until they left the park."Later, the
girl learned that the costumed character had done
the same thing to her mother with his left hand,
the report says.In a charging affadavit filed
in court, police wrote that Chartrand told them
he had trouble remembering things, but was "very
sorry for everything that had occurred," and
hoped the victim would forgive him for what he
had done.The girl and her father reported the
incident on Feb. 29.
"As the photo was being taken, the victim
claims that Tigger moved his right hand up to her
right breast and started massaging it several
times," the incident report states. The victim
became very embarrassed and ashamed of the
incident and claims that she did not say anything
to her mother until they left the
park."-------------------------------------------
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More on the Consequences of False Memory

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Profile for Alan Alda After you sent the
completed personality and food questionnaires to
us, we entered your data into a computer and
generated a profile of your early childhood
experiences with certain foods. From the data you
provided, the computer generated the following
profile. As a young child 1) you disliked
spinach  2) you enjoyed fried foods   3) you
felt sick after eating hard-boiled eggs   4)
eating chocolate birthday cake made you happy

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Consequences Party Behavior
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Would it work with fattening foods?
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Consequences Party Behavior
Post-test data only
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The Mental Diet Think you like ice cream? Let me
tell you a story As every weight-loss veteran
knows -- and too many parents of overweight kids
are learning--the most fattening foods are often
the most comforting, conjuring up memories of
sweet treats and celebrations. That's why there
was so much interest last week in a report out of
the University of California, Irvine that
suggests a new approach to thinking about food
brainwashing. Or, as Elizabeth Loftus prefers to
call it, planting false memories. Loftus is
famous in psychological circles for her
controversial work investigating claims of child
and sexual abuse. She was able to show that
people can be persuaded to remember terrible
things that never happened. Could the same power
of suggestion change a dieter's appetite? To test
that thesis, Loftus and her assistants gave 131
students a questionnaire about their food
preferences and experiences. Members of one group
were told, falsely, that at some point in their
childhood strawberry ice cream had made them
sick. The researchers then encouraged the
students to elaborate, asking them where they
were when they got sick and who else witnessed
the episode. When questioned later about which
foods they wanted to eat, 41 of this group said
they would avoid strawberry ice cream. "What
we've shown is that we can plant a false belief
or memory, and that has consequences in terms of
what we choose to eat," says Loftus. She showed
similar results in the vegetable section of the
food pyramid, giving people a taste for asparagus
by conning them into thinking that they liked it
as children. Would a mind-over-matter diet really
work? Loftus doesn't know yet she's still trying
to figure out how long these effects last. But,
she says, "nothing would stop a parent of an
overweight child from trying this out on their
kid"--as long as parents don't expect miracles.
Weight control, after all, involves a devilishly
complex combination of genes, biology and the
environment. But every little bit helps when you
are dieting--even the power of suggestion. From
the Aug. 15, 2005 issue of TIME magazine
Would a mind-over-matter diet really work?
Loftus doesn't know yet she's still trying to
figure out how long these effects last. But, she
says, "nothing would stop a parent of an
overweight child from trying this out on their
kid"--as long as parents don't expect miracles.
Weight control, after all, involves a devilishly
complex combination of genes, biology and the
environment. But every little bit helps when you
are dieting--even the power of suggestion.
8/ l5/05
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Implications

• Theoretical Learning about the malleable nature
  of memory
• Practical Nutritional selection, Legal cases

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Rule 1. Who conducts the lineup.
The person who conducts the lineup or
photospread should not know which member of the
lineup or photospread is the suspect.
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Rule 2. Instructions on viewing.

Eyewitnesses should be told explicitly that the
person in question might not be in the lineup or
photospread and, therefore, should not feel that
they must make an identification. They should
also be told that the person administering the
lineup does not know which person is the suspect
in the case.
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Rule 3. Structure of lineup or photospread.
The suspect should not stand out in the lineup or
photospread as being different from the
distractors based on the eyewitnesss previous
description of the culprit or based on other
factors that would draw extra attention to the
suspect
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Implications

• Practical
• Repressed Memory Cases
• Repressed Memory Legislation?

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Thats all folks!
For More Articles and Information, visit my UCI
website
www.seweb.uci.edu/faculty/loftus/