Human memory does not work like a videotape, where every memory is stored accurately. This is certainly how many people think about it, but the reality is that memory is malleable and can change.
For instance, some researchers state that you can change your memory simply by recalling it. Every time you think about that memory, it may be slightly different than the last time. All of those iterations may be considerably different from what actually occurred.
For this reason, someone can be very convinced that they have a specific memory of an event, even though it is much different from what truly happened. That person may be honest about what they think they remember, but it does not mean the memory itself is accurate.
How this affects criminal cases
In the context of criminal law, changing memories are important because they can sometimes lead to wrongful convictions. Many of these wrongful convictions come from inaccurate eyewitness testimony or misidentification.
For example, someone may have seen a person at the scene of the crime, but they do not remember what shirt that person was wearing. However, they see news reports about how the police are looking for someone in a blue shirt. The more they think about it, the more they become sure that they actually did see the suspect in the blue shirt. This can alter their memory so that they pick the wrong person out of the lineup.
Wrongful convictions do happen, and this is just one of the reasons why. It helps to demonstrate that those facing serious criminal charges need to understand their legal defense options.
