The puzzle of memory: reflections on the divergence of truth and accuracy.
Florida Bar Journal › Vol. 79 Nbr. 9, October 2005
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The puzzle of memory: reflections on the divergence of truth and accuracy.
An experienced judge can tell when it's coming. A lawyer has progressed in his or her cross-examination of a witness to the point where an inconsistency has finally reared its ugly head. The lawyer casts an "Ah hah" look at the jury, affects a King o' the Hill posture, and pops the inevitable question:
"Well, were you lying then or are you lying now?" It may very well be that both versions are wrong and neither one is a lie. The explanation is that memory is not an exact faculty, a tape recorder replaying an imprinted vision of exactly what happened at the time in question. The idea that one may possess a "truthful" memory that is a passive or literal reproduction of reality has been de...See the full content of this document
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