The Epp Law Report
Legal news, views, and analysis from a practicing attorney

Psychological Science: What Was The Memory I Was Supposed To Remember?

Lewis

As a trial lawyer, witnesses' memories and recall are very important to the judicial process. So, when I saw this summary of a study published by Psychological Science, I took notice.

As you'd expect, if you don't think something is all that damned important when you see it, you don't remember it as well as if you think it is important.

But I still think Scooter Libby is a dink. At least that's my recollection.

Misconceptions of Memory: The Scooter Libby Effect
Karim S. Kassam, Daniel T. Gilbert, Jillian K. Swencionis,
and Timothy D. Wilson
When we know in advance that something is important, we are likely to remember it. When we only realize its importance after the fact, however, it is often more difficult to recall all the details. New research suggests that, even though it's not deliberate, other people may not be very sympathetic if one were to cite this phenomenon as an excuse for forgetting. Participants predicting the responses of a group of volunteers expected they would remember the majority of facts presented to them, even though those volunteers were told that not all the items were equally important. These findings suggest we sometimes place unrealistic demands on others' memory and could have significant implications for situations that rely on recall.



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