With reference to the concept of memory construction evaluate the accuracy of eyewitness testimony in judicial trial.

Memory Construction: A Reconstructive Process

Memory construction refers to the process by which our brains rebuild memories each time we recall them. This isn’t a simple playback; instead, it’s an active process of piecing together fragments of information, influenced by our beliefs, expectations, and subsequent experiences. Elizabeth Loftus’s work (1975) demonstrated how leading questions can alter eyewitness testimony, highlighting the malleability of memory.

Factors Influencing Memory Construction

Cognitive Biases

• Confirmation Bias: Individuals tend to recall information that confirms their pre-existing beliefs.
• Source Monitoring Error: Difficulty distinguishing between the source of a memory (e.g., direct experience vs. something heard from another person).
• Misinformation Effect: Incorporation of misleading information into memory after an event (Loftus & Palmer, 1974).

Suggestibility & Leading Questions

Eyewitnesses are highly susceptible to suggestion, particularly through leading questions. The way a question is phrased can significantly alter their recollection of events. For example, asking “How fast were the cars going when they smashed into each other?” elicits a higher speed estimate than asking “How fast were the cars going when they hit each other?”

Emotional Arousal & Weapon Focus Effect

High levels of emotional arousal can impair memory encoding. The weapon focus effect demonstrates that in stressful situations (like witnessing a crime involving a weapon), attention is disproportionately focused on the weapon itself, leading to poorer recall of other details, including the perpetrator’s face.

Time Delay & Memory Decay

The longer the delay between an event and recall, the more likely memory is to decay and become distorted. Memories are not static; they are constantly being updated and revised, making them less accurate over time.

Accuracy of Eyewitness Testimony in Judicial Trials

Given the reconstructive nature of memory and the factors influencing it, the accuracy of eyewitness testimony is often questionable. Studies have shown that:

• Approximately 30-40% of wrongful convictions overturned with DNA evidence involved inaccurate eyewitness identification (Innocence Project, as of 2023).
• Lineup procedures can be biased if the administrator knows who the suspect is, potentially leading to unintentional cues.
• Cross-racial identification is often less accurate than same-race identification.

Mitigating Factors & Safeguards

Several measures can be taken to improve the reliability of eyewitness testimony:

• Double-blind lineups: Neither the witness nor the administrator knows who the suspect is.
• Sequential lineups: Witnesses are shown lineup members one at a time, rather than all at once, reducing relative judgments.
• Cognitive interviews: Techniques designed to enhance memory recall by encouraging witnesses to report everything they remember, even seemingly insignificant details.
• Expert testimony on memory: Educating juries about the fallibility of memory.