After watching the documentary series “Making a Murderer,” I was intrigued by the interplay between law and psychology. The series revolves around a 2005 murder case in Wisconsin, USA, involving Stephen Avery and his nephew, Brendan Dassey. Without giving away too much, the series highlights some fascinating psychological concepts that play a crucial role in the justice system: false memories, incorrect eyewitness testimonies, and false confessions. Let’s delve into these concepts to understand their impact on wrongful convictions.
False memories occur when we remember events differently from how they actually happened or recall events that never occurred. Our memories are not perfect recordings; they are reconstructive. This means that when we remember something, we often fill in gaps with incorrect details. Each time we recall a memory, it can be subtly altered. In some cases, false memories can even be deliberately implanted.
A classic study demonstrated this by discussing real childhood events with participants and introducing a false event, such as getting lost in a mall. Astonishingly, 25% of participants recalled this false event as true, even adding their own fabricated details.
While most false memories are harmless, they can lead to significant issues in criminal cases, particularly through incorrect eyewitness testimonies. These inaccuracies are a leading cause of wrongful convictions, often corrected later by DNA evidence. The Misinformation Effect is a key factor, where new information distorts the original memory.
In another study, participants watched a staged car accident. Some were later misled with a question referring to a “yield” sign instead of a “stop” sign. Those misled were more likely to incorrectly remember seeing a yield sign.
Incorrect eyewitness identification can have dire consequences. For example, in 1982, Marvin Anderson was wrongly convicted of sexual assault based on flawed eyewitness testimony. Despite having an alibi, he spent 15 years in prison before DNA evidence proved his innocence.
False confessions are another major contributor to wrongful convictions, accounting for 25% of DNA exonerations in the U.S. These confessions often result from intense police interrogations rather than false memories. Three main errors lead to false confessions:
Investigators mistakenly identify an innocent person as guilty.
The suspect is subjected to accusatory interrogation tactics, including lies about evidence and promises or threats.
After a false admission, investigators pressure the suspect to provide a narrative, often feeding them details about the crime.
These techniques exploit the human tendency to be influenced by suggestion and reinforcement. Young people and those with mental health issues are particularly vulnerable. Historical examples, such as the Salem Witch Trials, show that false confessions are not a new phenomenon. More recently, Donovan Allen falsely confessed to murder after a lengthy interrogation, only to be exonerated by DNA evidence years later.
Different regions have varying interrogation practices. In North America, the “Reid Technique” is common, focusing on accusatory methods. In contrast, places like Australia and Europe use “investigative interviewing,” which treats the suspect interview as part of an ongoing investigation.
“Making a Murderer” is rife with examples of false eyewitness testimony and wrongful confessions. Our memories are fallible, and science suggests that uncovering factual information should take precedence over obtaining confessions. If you’ve watched the series, I’d love to hear your thoughts and theories. Feel free to share them in the comments or on social media. Until next time!
Engage in a workshop where you will explore the concept of memory reconstruction. Participate in activities that demonstrate how memories can be altered over time. Discuss with peers how these changes can impact eyewitness testimonies and the justice system.
Take part in role-playing exercises that simulate police interrogations. Experience firsthand the psychological pressures that can lead to false confessions. Reflect on the ethical implications and discuss alternative interrogation techniques that could reduce wrongful convictions.
Analyze real-life cases of wrongful convictions due to false memories and incorrect eyewitness testimonies. Work in groups to identify the psychological factors at play and propose solutions to prevent similar occurrences in the future.
Participate in a structured debate on the effectiveness and ethics of different interrogation techniques, such as the Reid Technique versus investigative interviewing. Develop arguments based on psychological research and present your stance to the class.
Design and conduct a simple experiment to test the formation of false memories. Use scenarios similar to those in classic studies, such as the “lost in the mall” experiment. Analyze the results and discuss the implications for understanding memory reliability in legal contexts.
I recently watched “Making a Murderer” and noticed that the story centers on some interesting ideas in both law and psychology. I won’t go into too much detail about the series to avoid spoilers, but in case you’re not familiar with it, it’s about a 2005 murder case in Wisconsin, United States. A man named Stephen Avery is accused of the murder, but what really struck a chord with me was the story of his nephew, Brendan Dassey.
I want to explore a few key concepts: false memories, incorrect eyewitness testimonies, and false confessions. These issues contribute significantly to wrongful convictions in the criminal justice system. Here’s a closer look at them, scientifically.
**False Memories**
False memory is a phenomenon where you recall an event differently from how it actually happened, or you remember something that never occurred. You may not realize it, but even you have false memories. Your memory is mostly reconstructive, meaning you remember a general event or idea, but over time, you incorporate missing elements and details with incorrect information. Your memories can be slightly modified every time you retrieve and reconsolidate them. In some cases, false memories have even been “planted” in people’s minds.
In a classic study, psychologists spoke to participants about real events from their childhood and then introduced details of a false event, such as a time the participant became lost at the mall as a child. Later, 25% of the participants recalled this false event as true, and some even fabricated details around the event that never happened.
**Incorrect Eyewitness Testimonies**
Most false memories are not a major concern, but they can pose significant problems for criminal investigations if they lead to incorrect eyewitness testimonies or false confessions. Incorrect eyewitness identification is a leading cause of wrongful convictions in cases where DNA evidence later proved innocence. Many errors stem from the Misinformation Effect, where memory becomes less accurate because new information interferes with the ability to retain the original memory.
In another classic study, participants witnessed a staged car accident at an intersection with a stop sign. Half of the participants were later asked a follow-up question that referred to the stop sign as a “yield” sign. When asked what sign it was, those given the suggestion were more likely to claim they had seen a yield sign.
Incorrectly identifying people can have serious consequences. In 1982, police suspected Marvin Anderson of a sexual assault, so they showed the victim a color photo of him along with several black-and-white mugshots of other individuals. The victim chose the color photo and identified him in a police lineup, where he was the only person whose picture they had seen before. Marvin was innocent and had an alibi, yet he was still convicted and served 15 years in prison before DNA testing proved his innocence.
**False Confessions**
Another significant cause of wrongful convictions is false confessions, which account for 25% of DNA exonerations in the United States. These confessions are usually not the result of false memories but arise from the stressful conditions of police interrogation. There are three main errors that lead to false confessions:
1. **The Misclassification Error**: Investigators wrongly classify an innocent person as guilty.
2. **The Coercion Error**: The suspect is interrogated in an accusatory manner, often involving lies about evidence and repeated promises or threats.
3. **The Contamination Error**: After a false admission is given, investigators pressure the suspect to provide a narrative, often supplying facts about the crime themselves.
These techniques work because individuals can be easily influenced by suggestion and reinforcement, and in some cases, it may seem easier to confess than to continue denying guilt. Studies have shown that young people and individuals with mental illness or impairments are more likely to make false confessions. Those with poor memories, low self-esteem, high anxiety, and low assertiveness are also at risk.
This issue of false confessions dates back to the Salem Witch Trials in 1692, where many accused women were tortured into admitting guilt. Confessions can also be voluntary and are more likely to come from individuals suffering from mental illness. For example, after the murder of actress Elizabeth Short in 1947, more than 50 people confessed to the crime. More recently, Donovan Allen falsely confessed to killing his mother after a 14-hour interrogation. He later stated that his confession was false but was still convicted and spent 15 years in jail before being exonerated by DNA evidence.
While no legal system is perfect, it’s important to note that different regions have varying policing practices. North American police are often trained in the “Reid Technique,” an accusatory process that leads suspects to believe they are guilty. In contrast, police in Australia, England, and other parts of Europe are trained in “investigative interviewing,” which emphasizes that the interview with the suspect is part of an ongoing investigation.
“Making a Murderer” is full of examples of false eyewitness testimony and wrongful confessions. Our memory isn’t perfect, and the science suggests that the discovery of information should take priority over a confession. If you have seen “Making a Murderer,” I’d love to hear your theories in the comments or on Twitter. I have many other thoughts that I didn’t include here, and I’d enjoy discussing them with you. See you next time!
Memory – The cognitive process by which information is encoded, stored, and retrieved, allowing individuals to retain past experiences and knowledge. – In psychology, researchers study how memory can be influenced by external factors, such as stress or misinformation, which can impact the reliability of eyewitness testimonies.
Psychology – The scientific study of the mind and behavior, encompassing various aspects such as cognition, emotion, and social interactions. – Understanding the principles of psychology is crucial for legal professionals to assess the mental state of defendants during trials.
Law – A system of rules created and enforced through social or governmental institutions to regulate behavior, ensuring justice and order within a society. – The intersection of psychology and law is evident in the assessment of a defendant’s competency to stand trial.
Eyewitness – An individual who has personally observed an event and can provide a firsthand account, often used as a source of evidence in legal proceedings. – The reliability of an eyewitness can be compromised by psychological factors such as stress or leading questions during interrogation.
Confessions – Statements in which individuals admit to committing a crime, which can be influenced by psychological pressure or coercion during interrogations. – Psychologists often evaluate the conditions under which confessions are obtained to ensure they are not the result of undue influence or coercion.
Convictions – Formal declarations by a court that someone is guilty of a criminal offense, often based on evidence presented during a trial. – The role of psychological evaluations can be pivotal in determining the validity of convictions, especially in cases involving mental health issues.
Misinformation – False or misleading information that can distort memory and perception, often impacting the accuracy of eyewitness accounts. – Studies in psychology have shown that exposure to misinformation can lead to false memories, which can affect the outcome of legal cases.
Interrogation – The process of questioning individuals, often suspects or witnesses, to gather information or confessions, which can be influenced by psychological tactics. – Ethical interrogation techniques are essential to avoid false confessions and ensure the integrity of the legal process.
False – Not true or correct; erroneous, often used in the context of information or beliefs that are inaccurate or misleading. – The phenomenon of false memories is a significant area of study in psychology, with implications for the reliability of eyewitness testimony in court.
Evidence – Information or objects presented in a legal context to support or refute a claim, often evaluated for its reliability and relevance. – Psychological assessments can provide critical evidence in court cases, particularly in determining the mental state of a defendant.
