In various blogs throughout the years, I have discussed the unreliability of eyewitness testimony and of misidentification. However, an article in the Science and Technology section of The Economist (February 24, 2022) entitled “First Impressions”, suggests that eyewitness identification may not always be incorrect. The article notes it has been [Read More]
I was perusing the internet recently and came upon an interesting study about our memory. When recalling events, we make things up and do not even realize it. In “Eyewitness Imagination: How Our Minds Change Our Memories”, Matthew J. Sharps, Ph.D. discusses a common error in eyewitness testimony in criminal [Read More]
Once again, another study has connected sleep deprivation with cognitive function. And, it provides some good news and some bad news. The bad news is that if a party witnesses an event while sleep deprived, and then is asked later to recall the event while still sleep deprived, she will [Read More]
Once again, another study has been published revealing that our memories are not accurate; they rewrite history incorporating present events.Earlier this month, several different news articles including Northwestern University News and The Times of India reported a study published in the Journal of Neuroscience on February 5, 2014 by lead [Read More]
All disputes are premised on what occurred in the past with the view of resolving them by looking forward. We are often told not to "dwell on the past" but to "look forward" in trying to figure out how to resolve the issues.Thus, all disputes involve our memories. And... as [Read More]
"The Illusion of Memory"Recently, I conducted a mediation involving the purchase and sale of a used vehicle several years ago. The consumer was suing the used car dealer for its alleged failure to disclose certain information about the used vehicle prior to the sale.I listened to each party's story including [Read More]
When it comes to relying on our memories in negotiation, the cautionary tale is buyer beware! Once again, another study has been published demonstrating that our memories are quite fallible. They are simply not nearly as reliable as we think they are, and consequently, we should not rely on them [Read More]
If you have ever been in a dispute or in a conflict with someone (and who hasn't!), at some point, the "facts" of what allegedly happened are dissected. More often than not, there is disagreement about exactly what happened. It becomes a "he said, she said" argument in which credibility [Read More]
