Memory, according to the theory of reconstructive memory, is an active process of
reconstruction rather than a passive retrieval of information; in other words, whenever we
try to recall something, our brain starts piecing together information to retrieve a full
recollection of an event or detail. The outcomes of this reconstruction are dependent on
both the information initially stored and the information accessible at the moment of
retrieval. Therefore, any post-event information may alter memories of the original event.
The psychological basis of eyewitness testimony implies the presence of this very theory of
reconstructive memory. For instance, in a study conducted by Loftus and Palmer (1974),
groups of American university students were shown a video of a car accident and then
asked slightly different versions of the same question about the speed of the car at the time
of the accident. One group was asked " How fast were the cars going when they smashed each other? while for other groups, the word smashed was replaced with a less
emotionally intense verb like hit, collided, or bumped. In a follow-up experiment,
participants were also asked if they saw broken glass. The results showed that participants
estimated that the cars were traveling at a significantly higher speed when the question
involved the word smashed. Significantly more participants also reported seeing broken
glass when the question involved the word smashed (when there was none). Thus, these
findings suggest that the wording of questions asked to eyewitnesses can have a significant
impact on their memory recall and can lead to memory reconstruction, highlighting the
importance of careful questioning techniques in eliciting accurate eyewitness testimony
within the legal system.
Moreover, such cases have implications for legal accuracy as mistaken eyewitness evidence may lead to wrongful convictions. Since eyewitness testimony involves a person who witnessed a crime (or any legally important event) going up on a stand and recalling details of the witness event, this complicated process is the most persuasive form of evidence presented in court. Thus, biases of memory reconstruction such as schemas, false memory, and misinformation can have serious ramifications in declaring a verdict.