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Truth and Consequence — Transcript

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  1. 0:07[Music]
  2. 0:09a colleague of mine was at a meeting in
  3. 0:11Washington DC and it was a meeting at
  4. 0:14the Department of
  5. 0:17Justice and he said that during the
  6. 0:19presentation they they presented a u
  7. 0:23most hated list of like five people in
  8. 0:26the country and these are you know
  9. 0:28people running the meeting were process
  10. 0:30uors prosecutors of child abuse and uh I
  11. 0:33was like number two or three on the
  12. 0:40list ever since the witch trials both
  13. 0:42the ones in Salem and the US and the
  14. 0:44European Witch Trials children were
  15. 0:46viewed
  16. 0:49incredulously they had come to say such
  17. 0:52obviously false things and people's
  18. 0:55lives were taken in some cases because
  19. 0:57of what children told those inquisitions
  20. 0:59so for a very long period of time the
  21. 1:01law frowned upon having young children
  22. 1:04as
  23. 1:06witnesses there had been studies of
  24. 1:09suggestibility of children's testimony
  25. 1:11since the late
  26. 1:141800s and they demonstrated the young
  27. 1:17kids had particular problems with
  28. 1:19suggestibility they were more gullible
  29. 1:21they Incorporated suggestions that
  30. 1:23adults gave them and it wasn't until the
  31. 1:261980s that people started saying you
  32. 1:28know we really need to know a lot more
  33. 1:29more about kids there haven't been any
  34. 1:31studies of kids in 70 or 80 years and
  35. 1:34now the floodgates have opened and kids
  36. 1:37are coming in
  37. 1:38[Music]
  38. 1:40court you already know the answer to
  39. 1:42this question are children's statements
  40. 1:45accurate sometimes they are and
  41. 1:46sometimes they're not and you already
  42. 1:49know the answer to this as well there
  43. 1:50are two ways that a child statement can
  44. 1:54be inaccurate they can be inaccurate
  45. 1:56because you're lying or they can be
  46. 2:00inaccurate because they've come to
  47. 2:02believe what they're telling you or
  48. 2:04telling the court in my case but they're
  49. 2:08wrong I'm going to talk to you this
  50. 2:10morning about children's memories and
  51. 2:13the various things you can do to uh in
  52. 2:16in essence corrupt their
  53. 2:19[Music]
  54. 2:20memories my whole generation of memory
  55. 2:23researchers we were trained in
  56. 2:25theoretical laboratory techniques for
  57. 2:28studying human memory children's memory
  58. 2:31and we thought I think as a group
  59. 2:33collectively that we had learned a great
  60. 2:35deal about how the human memory system
  61. 2:36unfolds in the early years and what got
  62. 2:39me into this area I'll never forget it
  63. 2:41it was in the early 1980s I got a
  64. 2:43telephone call I was here at Cornell at
  65. 2:45my desk and a judge from upstate New
  66. 2:47York called and he said Professor I was
  67. 2:50given your name as someone who studies
  68. 2:52children's memory and I have a case in
  69. 2:55my court that I need your help
  70. 2:58on a young young boy his mother
  71. 3:01disappeared when he was 4 years old and
  72. 3:05after a few months his father moved from
  73. 3:07New York to Florida and left him and a
  74. 3:10sibling with a maternal aunt and the
  75. 3:13mother was never
  76. 3:15located until several years later new
  77. 3:19people who had bought the home the boy
  78. 3:21lived in were building an addition in
  79. 3:23the back of the home and they were
  80. 3:24Excavating for the addition to for a
  81. 3:27foundation lo and behold they discovered
  82. 3:29the skeletal remains of the mother's
  83. 3:32body and the corners report indicated
  84. 3:35she had died by a blow of a blunt
  85. 3:37instrument to the
  86. 3:39cranium the aunt who's been now raising
  87. 3:42the boy for the past 2 years and didn't
  88. 3:45like the dad anyway starts saying to the
  89. 3:47boy do you remember your dad ever
  90. 3:49hitting your mom with something in the
  91. 3:51head and at first the boy doesn't
  92. 3:53remember but over time allegedly he
  93. 3:55comes to remember a fight between the
  94. 3:57mom and the dad and the dad hitting the
  95. 4:00mother with a baseball bat in the head
  96. 4:02and carrying her body out the back door
  97. 4:05so that's how the case got the court and
  98. 4:07the judge's question to me was a simple
  99. 4:10reasonable question but one I totally
  100. 4:13was unable to answer he said should I
  101. 4:15believe the kid here I thought gee you
  102. 4:18know we've learned so much about how
  103. 4:19memory works and I don't have a clue
  104. 4:22what the answer
  105. 4:23is and it bothered me bothered me a
  106. 4:26great deal that I had spent all these
  107. 4:28years
  108. 4:30in the lab both reading and developing
  109. 4:32theories of memory and here's this
  110. 4:34perfectly reasonable question that I
  111. 4:37can't
  112. 4:40answer I think if you ask me how did
  113. 4:43that mother die I would say the father
  114. 4:45killed her but if you told me that the
  115. 4:48only evidence of that was a six-year-old
  116. 4:50boy's resurrected memory of it I
  117. 4:53wouldn't be impressed by
  118. 4:56that okay now I want you to take in your
  119. 4:59head the number number
  120. 5:00two can you visualize that number two
  121. 5:02and I want you to square it now take
  122. 5:05that number and square
  123. 5:08it now take that number and multiply it
  124. 5:12by
  125. 5:15four okay you got that you multiplied it
  126. 5:18by four think of a
  127. 5:20vegetable first vegetable comes to mind
  128. 5:24can you see it okay good when I used to
  129. 5:27teach uh developmental psychology at
  130. 5:29Cornell to large classes like 300
  131. 5:32students I would just say to them take
  132. 5:35out a piece of paper and pencil and
  133. 5:36write down the first vegetable comes to
  134. 5:38mind and the first vegetable is corn
  135. 5:40that's the most popular vegetable
  136. 5:42followed by potatoes onions broccoli Etc
  137. 5:45that's not true in this room in this
  138. 5:47room the first vegetable came to your
  139. 5:50mind was
  140. 5:52carrot how many of you thought of carrot
  141. 5:54first yeah how many of you thought of
  142. 5:57corn see
  143. 6:00carrot because I tainted your
  144. 6:04memory what number did you end up
  145. 6:06with yeah what kind of number is
  146. 6:10it it's a root number and your Prime
  147. 6:13root root and I say
  148. 6:16vegetable and you give me a root
  149. 6:19vegetable and it was unconscious you
  150. 6:23don't believe me do
  151. 6:25you okay you're know better than my
  152. 6:29daughter
  153. 6:33memory is not some mechanical recording
  154. 6:36system like the hard drive on your
  155. 6:38computer or a camera it isn't storing
  156. 6:41snapshots it's just not how it works it
  157. 6:43works at a very abstract level in a way
  158. 6:46that allows you to reconstruct a lot of
  159. 6:48things and bring it together in a way
  160. 6:50that's new and different every time you
  161. 6:52retrieve a memory and it's very
  162. 6:54responsive to the environment it's very
  163. 6:57responsive to the type of questions
  164. 7:00you're being asked how suggestive they
  165. 7:02are how far apart they're spaced and so
  166. 7:04on okay B so I'm going to show you this
  167. 7:07movie and the movie is about a grownup
  168. 7:09and a little girl playing on a
  169. 7:11playground okay it's a really short
  170. 7:14movie but try to pay really good
  171. 7:16attention to the movie cuz afterwards Cy
  172. 7:18does ask you some questions about it and
  173. 7:20see what you can remember from the movie
  174. 7:21yeah do you think you can remember it
  175. 7:24okay let's see they have a very good
  176. 7:27memory okay let remember a couple things
  177. 7:30from last year last year was a very long
  178. 7:33time
  179. 7:33[Applause]
  180. 7:37away did the grown-up bump into the
  181. 7:39little girl uh-uh did the grown-up spill
  182. 7:43water on purpose or was it an accident
  183. 7:45it was an accident it was an accident
  184. 7:47wasn't water it was an accident wasn't
  185. 7:49it did the grown-up step on a flower on
  186. 7:52purpose or was it an
  187. 7:55accident she didn't step on oh she
  188. 7:58didn't she didn't
  189. 8:01was the grown-up nice or was she mean
  190. 8:03nice nice yeah I thought she was nice
  191. 8:06did the grownup kicked the soccer ball
  192. 8:08on purpose or was it an
  193. 8:11[Music]
  194. 8:15accident an accident accident could you
  195. 8:18make a Mark here so I know that that
  196. 8:19one's right a grownup kicked the soccer
  197. 8:23ball by
  198. 8:26accident most of us who do research on
  199. 8:28children's Rec
  200. 8:30elections produce research that is used
  201. 8:33more by one side than the other in my
  202. 8:36case my lab at Cornell primarily
  203. 8:39although not exclusively has produced a
  204. 8:42stream of research that is easier to use
  205. 8:46to create Reasonable Doubt so it's used
  206. 8:47by the defense more than the prosecution
  207. 8:50I say for the most part because we have
  208. 8:52several studies that are much more
  209. 8:55favorable to the prosecution
  210. 8:57[Music]
  211. 9:04I don't care that both sides tell you
  212. 9:05that they're interested in arriving at
  213. 9:08the truth because they're not they're
  214. 9:12interested in winning by the time a
  215. 9:16case has been ordained to go to court
  216. 9:19that is to say all the plea offers and
  217. 9:22pre-trial hearings and all that's over
  218. 9:24and there's this subset of cases that
  219. 9:26they can't settle and they're going to
  220. 9:28go to court and both sides are revved up
  221. 9:31and they're going to go to court at that
  222. 9:33point both sides want to win truth be
  223. 9:36[Music]
  224. 9:41damned I personally rarely go into court
  225. 9:45as an expert witness I've only done so
  226. 9:47three
  227. 9:48times the first of these cases was in
  228. 9:52Dade County Florida which is Miami and
  229. 9:55at the time Janet Reno was the da before
  230. 9:58she join the Clinton
  231. 10:01Administration and she was Prosecuting a
  232. 10:0315-year-old boy his name was Bobby
  233. 10:08fine Bobby was a volunteer in a church
  234. 10:12run daycare where families would come to
  235. 10:16services on a Sunday and they would
  236. 10:18leave their children in a part of the
  237. 10:20church that ran this daycare operation
  238. 10:23while they were in the
  239. 10:25service so when he was 12 years old he
  240. 10:28was a arrested and he was charged on
  241. 10:32multiple counts of sexually molesting
  242. 10:34multiple
  243. 10:36children even if he did what they were
  244. 10:39alleging which I think everyone agreed
  245. 10:42including the prosecution he couldn't
  246. 10:44have done a lot of what the children
  247. 10:46were saying he did it was was it was so
  248. 10:49bizarre as to have been
  249. 10:51impossible but even if he did some of
  250. 10:54what they were saying he's looking at
  251. 10:57life without parole if convict him on a
  252. 11:00single
  253. 11:03[Music]
  254. 11:06count the prosecution and the defense
  255. 11:09asked me to come in and in fact included
  256. 11:11me on a subpoena list and I thought well
  257. 11:14maybe my general aversion to testifying
  258. 11:17in cases doesn't apply if both sides
  259. 11:20want me then I'm sort of like a Friend
  260. 11:22of the Court I can go in I can review
  261. 11:24the scientific evidence both sides can
  262. 11:27choose to use it to whatever extent they
  263. 11:29wish F but I won't be a Hired Gun
  264. 11:32because both sides want me and I won't
  265. 11:33accept a
  266. 11:39fee like most cases where you have
  267. 11:43multiple allegation Mass allegation in a
  268. 11:47like in a daycare case or a school bus
  269. 11:49case you get children contaminating
  270. 11:53other children with their reports over
  271. 11:55time this sort of thing tends to
  272. 11:56marinate and grow and so what you end up
  273. 12:00with is a
  274. 12:02constellation of allegations some of
  275. 12:05which are possible even plausible others
  276. 12:09of which are
  277. 12:14impossible you often get this where you
  278. 12:16you have a mixture of things that are
  279. 12:18possible with things that are bizarre
  280. 12:21and
  281. 12:22outrageous and so there's been this you
  282. 12:25know debate do you exclude everything a
  283. 12:27child says because there's some bizarre
  284. 12:30stuff there so therefore do you say that
  285. 12:33the plausible stuff couldn't have
  286. 12:34happened either a lot of defense
  287. 12:37attorneys would like to say that they'd
  288. 12:39say well where do you draw the line you
  289. 12:41know that a lot of what the child's
  290. 12:43telling you is fictitious so how do you
  291. 12:46know just because he says something
  292. 12:48plausible that that's truthful that's
  293. 12:50reasonable doubt and I think that's a
  294. 12:53good point but in terms of the research
  295. 12:55I can tell you it is possible for kids
  296. 12:58to to say some things that are accurate
  297. 13:01and some things that are highly
  298. 13:02[Music]
  299. 13:12inaccurate when I was in Miami being
  300. 13:14deposed an argument broke out during the
  301. 13:16deposition between the defense and the
  302. 13:18prosecution as to the nature of the plea
  303. 13:22offer by the prosecution the prosecution
  304. 13:25felt that the defense never presented it
  305. 13:27to Bobby fer accurately and that's why
  306. 13:29he rejected it and the defense argued
  307. 13:31that they did present it accurately and
  308. 13:34so because both sides had had me on
  309. 13:36their list the a resolution sort of
  310. 13:39emerged right in the middle of the
  311. 13:41deposition the prosecution asked me if I
  312. 13:44would go to the jail and meet with Bobby
  313. 13:47fer and relay to him exactly what their
  314. 13:51plea offer was and the defense agreed
  315. 13:54with this
  316. 13:56[Music]
  317. 14:01I met with Bobby his mother and his
  318. 14:03father and I sat down just the four of
  319. 14:06us in in Chambers and I relayed
  320. 14:10carefully the prosecution's plea
  321. 14:14[Music]
  322. 14:17bargain if he apologized to the children
  323. 14:20and their parents if he accept it
  324. 14:23incarceration in a psychiatric ward
  325. 14:26until I think it was age 18 so it would
  326. 14:28have been about 3 years years if he had
  327. 14:30been willing to do community service and
  328. 14:33continue with therapy beyond that
  329. 14:35there'd be no prison
  330. 14:39time Bobby asked me what I thought and I
  331. 14:42said Bobby I think there are a lot of
  332. 14:45things the kids are saying that are
  333. 14:46simply impossible there are some things
  334. 14:49that are plausible who knows if they're
  335. 14:51truthful or not only you and the
  336. 14:53children if you were my son I would take
  337. 14:56the plea offer and the reason I told him
  338. 14:59that is because while I think it was
  339. 15:04predictable that he would beat the
  340. 15:06counts that were these bizarre
  341. 15:08exaggerated claims I wasn't so confident
  342. 15:12that the jury wouldn't throw at least
  343. 15:15one bone to the prosecution and say well
  344. 15:17maybe when he was diapering the kids or
  345. 15:20taking them to the bathroom or something
  346. 15:22he didn't touch them inappropriately and
  347. 15:24that's all it took because there was no
  348. 15:26sentencing discretion in Florida at the
  349. 15:28time it his life without parole if he
  350. 15:31was
  351. 15:33convicted his father pounded his fist on
  352. 15:36the table and he said my boy will never
  353. 15:40admit to something he didn't do he'd
  354. 15:42rather spend his life in prison than
  355. 15:45admit to one of those vile acts they're
  356. 15:48accusing him of and I said Mr
  357. 15:51fine if it were you who are the
  358. 15:54defendant I totally respect that but
  359. 15:57Bobby's 15 years old
  360. 16:00if he goes to prison for life he's going
  361. 16:02to be on every inmate's dance card he
  362. 16:04was a very um boyish 15 even a feminite
  363. 16:1015 and I really thought that they were
  364. 16:12rolling the dice and I made it clear I
  365. 16:14said look I'm not against you I'm not
  366. 16:16for you both sides including yours want
  367. 16:19me involved in this uh probably when I
  368. 16:22review the evidence it's going to tilt
  369. 16:24toward your side so I'm not saying what
  370. 16:27I'm saying as as an adversary I'm just
  371. 16:30saying if you were my son I wouldn't
  372. 16:31roll the
  373. 16:42dice so they did not take my advice they
  374. 16:46they went deliberately against it and
  375. 16:48you know what they were right he got
  376. 16:51acquitted on all counts and I was wrong
  377. 16:53and I remember his father coming up to
  378. 16:55me afterwards saying I'm so glad we
  379. 16:58didn't listen to
  380. 17:01[Music]
  381. 17:10you it was an interesting and an
  382. 17:13important developmental experience for
  383. 17:15me because in studying closely this case
  384. 17:19of this boy Bobby fine I saw a number of
  385. 17:23factors at play that are not typically
  386. 17:27considered by researchers at least at
  387. 17:30that
  388. 17:34[Music]
  389. 17:38time I came back to my lab and designed
  390. 17:42studies that incorporated some of these
  391. 17:44factors that were in the F case factors
  392. 17:47such as emotional arousal embarrassment
  393. 17:51painful experiences you know it's one
  394. 17:54thing to say
  395. 17:55children are suggestible about other
  396. 17:58people
  397. 17:59it's another thing to say they're
  398. 18:00suggestible about someone torturing them
  399. 18:03handcuffing and chaining them and
  400. 18:06abusing them and research had never
  401. 18:08looked at factors like that but after
  402. 18:10this case I started doing
  403. 18:15[Music]
  404. 18:19so we've known for a long time that
  405. 18:21preschool age kids are suggestible but
  406. 18:24the question becomes why why are they
  407. 18:26suggestible what what's the underlying
  408. 18:28mechanism
  409. 18:29that drives suggestibility so Sarah
  410. 18:31Kowski comes to this Crossing three
  411. 18:34different boundaries
  412. 18:37memory the law and language and she says
  413. 18:42maybe what's going on is that children's
  414. 18:45suggestibility is a function of how they
  415. 18:49create and remember narratives how good
  416. 18:52they are creating cohesive coherent high
  417. 18:55volume narratives do you know who's here
  418. 18:57today
  419. 19:00Miss
  420. 19:01Baker I like to bake cookies I love
  421. 19:04baking cookies I I I I I help my mom
  422. 19:10chocolate cookies well if you made
  423. 19:12cookies before you know that you need to
  424. 19:13put butter in and butter helps make the
  425. 19:16cookie soft and the next thing that I'm
  426. 19:19going to add is sugar you're very right
  427. 19:23I I have brown sug do you know there's
  428. 19:25one more ingredient to put in do you
  429. 19:26know what that ingredient is it is
  430. 19:29salt so I'm just going to add a
  431. 19:32tiny oh oh
  432. 19:34no I just added way too much salt to my
  433. 19:39cookie dough you know what you all did a
  434. 19:42really good job helping me even though I
  435. 19:44was so silly so I have some stickers
  436. 19:46here would you all like a sticker yeah
  437. 19:48okay so everybody can just stay in your
  438. 19:50seats and I'll bring you a
  439. 19:52sticker and purple for
  440. 19:56you I want red you want red all right
  441. 19:58can get
  442. 20:00it want some
  443. 20:02help you got I use suggestibility
  444. 20:05promiscuously to refer to any event
  445. 20:09either verbal or pictoral it can be
  446. 20:13before an experience a child has or
  447. 20:15after an experience a child has that
  448. 20:17damages a child's report accuracy I
  449. 20:20heard that Miss Baker came to your
  450. 20:21classroom a while ago is that true Miss
  451. 20:24Baker come to see you yeah yeah I
  452. 20:27couldn't be her that day but I want to
  453. 20:28hear all about what happened when she
  454. 20:31came I don't know you don't know that's
  455. 20:35okay how about I ask you some questions
  456. 20:37okay did she put a sticker on your KNE
  457. 20:39man
  458. 20:41son no on your forehead we put it there
  459. 20:45are you sure cuz I heard that she put it
  460. 20:47on your knee no we didn't we can put it
  461. 20:50wherever we wanted they just give it to
  462. 20:53us oh but the other kids told me that
  463. 20:55she put it on your knee no I got to
  464. 20:58stick and I put it on my forehead oh V
  465. 21:01put it on her nose oh yeah well think
  466. 21:05real hard that is are you sure she
  467. 21:06didn't put it on your knee no did Miss
  468. 21:10Baker put a sticker on your knee are you
  469. 21:12sure Manon cuz the other kids told me
  470. 21:14that she put a sticker on your knee some
  471. 21:16kids did
  472. 21:18oh well I want you to think really hard
  473. 21:21it's really important to know what
  474. 21:22happen did she put a sticker on your
  475. 21:25knee did Miss Baker put a sticker on
  476. 21:28your knee cut yeah she
  477. 21:30did she put a she put a sticker on one
  478. 21:35kid's
  479. 21:39knee so are you ready I want you to read
  480. 21:42the following message and do what it
  481. 21:44says are you
  482. 21:45ready you got
  483. 21:50it got
  484. 21:53it got
  485. 21:56it got it
  486. 22:07[Music]
  487. 22:09cut it
  488. 22:14no we can
  489. 22:20wait got
  490. 22:24it got it
  491. 22:28[Music]
  492. 22:30got
  493. 22:32it got
  494. 22:35it got
  495. 22:42it got
  496. 22:45it I lost some of you but those of you I
  497. 22:48haven't lost you got
  498. 22:51it got
  499. 22:53[Music]
  500. 22:57it got
  501. 22:59[Music]
  502. 23:02[Applause]
  503. 23:05it
  504. 23:07[Applause]
  505. 23:10well do you owe me an
  506. 23:13apology you
  507. 23:18Skeptics I think an aha moment for a lot
  508. 23:21of researchers in this area was the
  509. 23:24realization that you could move from
  510. 23:27suggesting observations and eyewitness
  511. 23:30acts like what someone else did to not
  512. 23:34someone else but you yourself and within
  513. 23:36you something very Salient something
  514. 23:38having to do with genital touching I
  515. 23:40think that was an aha moment that there
  516. 23:42didn't appear to be any boundaries that
  517. 23:45Beyond which suggestions didn't take a
  518. 23:48toll on kids accuracy of
  519. 23:54reporting we were interested in whether
  520. 23:56you could take a child who didn't didn't
  521. 23:58have an experience at all and lead them
  522. 24:01to believe that they did so the mous
  523. 24:03Trap study was designed to test that we
  524. 24:06took a group of kids whose parents
  525. 24:08assured us that they never got their
  526. 24:10hands caught in a mouse trap and had to
  527. 24:12go to a hospital to get it removed and
  528. 24:14we said to the kids did you ever get
  529. 24:17your hand caught in a mouse trap and
  530. 24:18have to go to the hospital to get it
  531. 24:20removed and the kids all said no never
  532. 24:23happened don't have a mouse trap at our
  533. 24:25house said okay and then we brought them
  534. 24:28back a week later we said did you ever
  535. 24:30get your hand caught in a mouse trap and
  536. 24:32have to go to the hospital to get it
  537. 24:33removed and kids would think and they'd
  538. 24:35say
  539. 24:37h i remember something about a mouse
  540. 24:42trap around the 6th 7th 8th week a lot
  541. 24:45of kids are saying yeah I remember
  542. 24:47something about the mouse trap and
  543. 24:48getting my finger caught in it and
  544. 24:50they're starting to give you these
  545. 24:52embellish narratives about what they
  546. 24:54claim happened about how their dad
  547. 24:56opened the van door and they put them in
  548. 24:58the van and their mother and their
  549. 24:59brother and their dad drove them to the
  550. 25:01hospital and a nurse took the mouse trp
  551. 25:03off and they bandaged his finger and
  552. 25:05they they could be quite elaborate in
  553. 25:08their in their narratives because we'd
  554. 25:11be inducing them to developmental images
  555. 25:13of something that didn't happen simply
  556. 25:15by asking them week in and week out
  557. 25:18think about it close your eyes and think
  558. 25:20about it did you ever get your finger
  559. 25:22caught in a m
  560. 25:26trp so the first time time they close
  561. 25:29their eyes and they generate that image
  562. 25:30it doesn't match anything in memory the
  563. 25:33next week they close their eyes and they
  564. 25:35generate that image it does match
  565. 25:37something in memory what it matches is
  566. 25:39the image they created the week
  567. 25:42before young kids in particular have a
  568. 25:45really difficult time monitoring the
  569. 25:48differences between things that they
  570. 25:50imagined versus things they actually saw
  571. 25:53because both leave a mental imprint in
  572. 25:55memory and that kind of source
  573. 25:57discrimination very difficult especially
  574. 25:59for preschool kids all of us have a
  575. 26:01problem with it adults as well but
  576. 26:04preschool kids are particularly uh hurt
  577. 26:07by those kind of
  578. 26:14techniques I was asked in the mid
  579. 26:191990s to testify in a stay of execution
  580. 26:22case in El Paso Texas it's mesas versus
  581. 26:26people of Texas and Frederico msas was
  582. 26:31accused and convicted of murdering
  583. 26:35someone in his trailer park and burying
  584. 26:38the body in a desert area behind the
  585. 26:41trailer park and the critical testimony
  586. 26:43was given by a little girl and I
  587. 26:46remember the attorney who called and
  588. 26:48asked me to testify was someone that was
  589. 26:52doing at pro bono from a very large
  590. 26:55powerful law firm in America corporate
  591. 26:57law firm and he said I know you don't
  592. 27:00charge anything and I'm wondering if you
  593. 27:02would join us and review for the court
  594. 27:04the scientific evidence related to the
  595. 27:08statement that the childness case
  596. 27:11made the little girl who was the
  597. 27:14critical testimony had testified that
  598. 27:17she saw the defendant mesas washing
  599. 27:20blood off his hands in the bathroom in
  600. 27:23his trailer she was there playing with
  601. 27:24his daughter that day and physically was
  602. 27:28impossible for her to have seen him
  603. 27:30washing his hands uh given her testimony
  604. 27:33of where she was in the trailer at the
  605. 27:35time because of the way the door opened
  606. 27:37in rather than opened
  607. 27:41out other things she said also I found
  608. 27:44very interesting because they were
  609. 27:46things we didn't have a lot of research
  610. 27:48about so they gave me clues about
  611. 27:51studies I should design including the
  612. 27:53use of stereotypes this is a little girl
  613. 27:56whose mother used to say to her I don't
  614. 27:58want you to go to Fred's trailer because
  615. 28:01he's a jail bird he's a bad man so the
  616. 28:04mother had created this negative
  617. 28:06stereotype about this guy and we were
  618. 28:08very interested to what extent to
  619. 28:11Children start to conform to a
  620. 28:12stereotype over
  621. 28:14time in that particular case messas was
  622. 28:17given a stay of
  623. 28:18execution and he had been scheduled to
  624. 28:21die by lethal injection in a
  625. 28:23week and during the stay there was a
  626. 28:26petition for a new trial and and
  627. 28:28ultimately he was acquitted and he he
  628. 28:30went
  629. 28:33free I remember when I returned from
  630. 28:36testifying in this uh state of execution
  631. 28:38case saying to my lab you know we don't
  632. 28:41know very much about the role of
  633. 28:42stereotypes so let's design some
  634. 28:48studies let me uh show
  635. 28:51you a video clip of three children the
  636. 28:55first is a three and 1/2 the second is a
  637. 28:574 half-year-old and the third is a
  638. 29:00six-year-old and they all witnessed the
  639. 29:02same event A Man Named Sam came to their
  640. 29:04preschool program and they corroborate
  641. 29:07each other about certain things that Sam
  642. 29:09did when he visited but they also
  643. 29:11contradict each other about other things
  644. 29:14and I want you to look at these three
  645. 29:15kids and what they're saying
  646. 29:18[Music]
  647. 29:19and imagine you're a juror and you're
  648. 29:22listening to
  649. 29:24them well I wasn't there that day and I
  650. 29:27want to know everything that happened
  651. 29:29that day that samstone came to
  652. 29:33visit she said be careful with the
  653. 29:37dollies and he put it up then then the
  654. 29:41dollies some some of them looked off
  655. 29:45then he got a book and P it up then then
  656. 29:49one of the pages looked off Sam don't do
  657. 29:52anything with him there he didn't
  658. 29:58he was doing it so fast that he ripped
  659. 30:01one of the pages really what about um a
  660. 30:06bear teddy bear put some chocolate ice
  661. 30:10cream on there he always does thatu
  662. 30:14exited did you see him rip the book and
  663. 30:17put the ice cream on the Bear yes you
  664. 30:19did you saw him do it you're a juror
  665. 30:23you've just heard these three kids or
  666. 30:25you've seen videos of their interviews
  667. 30:27who's the most cred of the three a b or
  668. 30:33c let me just say this he didn't do any
  669. 30:37of those things he didn't rip anything
  670. 30:40tear anything soil anything toss
  671. 30:42anything none of them and the only child
  672. 30:46the only child who was accurate was the
  673. 30:48little girl in the middle the red-haired
  674. 30:51girl the one that you rate as the least
  675. 30:55accurate and most professionals rate as
  676. 30:58the least accurate all he did was he
  677. 31:01came he said hi he smiled he walked
  678. 31:03around the housekeeping section of the
  679. 31:05class and then he say goodbye and left
  680. 31:07he didn't tear soil toss
  681. 31:11anything here's how you can get kids to
  682. 31:14say things that persuade people like
  683. 31:17yourself and persuade professionals and
  684. 31:19yet are
  685. 31:21wrong they're given false stereotypes
  686. 31:24about Sam they are told things that
  687. 31:27simply aren't true about how clumsy
  688. 31:29clutzy Sam is how he's always breaking
  689. 31:32things and spilling things and so on and
  690. 31:34they're interviewed four times over8
  691. 31:36weeks very
  692. 31:37suggestively how suggestively well the
  693. 31:39interviewer says things like do you
  694. 31:41remember that time Sam Stone came to
  695. 31:42your school and ripped that book did he
  696. 31:44do it on purpose or was it an
  697. 31:47[Music]
  698. 31:49accident I get to see a lot of cases and
  699. 31:52and this this stereotype thing you see
  700. 31:54it a lot you you know where you
  701. 31:56especially see it is in in acrimonious
  702. 31:58custody disputes where one parent
  703. 32:02creates a monster out of another
  704. 32:05[Music]
  705. 32:08parent where you also see stereotype
  706. 32:11cases is in physical and sexual abuse
  707. 32:13cases where an interviewer is reckless
  708. 32:15enough to do this which isn't typical I
  709. 32:18don't want to give the impression that
  710. 32:20this is something that all interviewers
  711. 32:21do because it's only something that the
  712. 32:23worst interviewers
  713. 32:26do when they interview a child if
  714. 32:28they're not getting a disclosure from
  715. 32:30the child and they think the child's in
  716. 32:32denial or protecting someone they'll say
  717. 32:35things like don't you want to help us
  718. 32:38keep so and so in jail so he doesn't
  719. 32:40hurt other children your friends have
  720. 32:43already told us that he hurt them don't
  721. 32:45you want to help us protect your friends
  722. 32:47so they start creating this negative
  723. 32:49stereotype about a bad person he's in
  724. 32:52prison let's not let him out and let him
  725. 32:55victimize other kids
  726. 33:01in our studies we've argued that a
  727. 33:03significant minority of kids have had
  728. 33:05their actual memories corrupted by these
  729. 33:07suggestive techniques that's why lie
  730. 33:10detection methods don't work with these
  731. 33:12kids because they're not lying they've
  732. 33:14come to believe their false reports so
  733. 33:18we call them false
  734. 33:25beliefs if you corrupt a memory that's
  735. 33:29part of the child's
  736. 33:31autobiography it's who they are now and
  737. 33:34there are no deprogramming techniques
  738. 33:36that'll suddenly repair a false memory
  739. 33:39yeah you can talk kids out of testifying
  740. 33:43about it you can coers and Bully them
  741. 33:45and they won't say it but it isn't
  742. 33:47because you have rehabilitated their
  743. 33:50memory they deeply believe that what
  744. 33:52they were saying was truthful so it's
  745. 33:55important for judges law Guardians and
  746. 33:57other s that are interviewing kids
  747. 33:59really far Downstream to appreciate that
  748. 34:02Upstream months before maybe other
  749. 34:05people were interviewing in a not so
  750. 34:07neutral way and when I say interview I'm
  751. 34:11including
  752. 34:12conversations depending on what you're
  753. 34:14saying to your child it could improve
  754. 34:16the memory or could corrupt the
  755. 34:22memory everyone knows only too well that
  756. 34:26there are enormous numbers of kids every
  757. 34:29year in this country and others that are
  758. 34:35abused most of them are uh neglected a
  759. 34:39lot of them are physically abused and
  760. 34:40some are sexually abused and all the
  761. 34:44official numbers are under reports
  762. 34:46because some kids never tell so
  763. 34:48everybody's mindful of this everyone
  764. 34:50knows real abuse happens far far more
  765. 34:53often than anyone is comfortable
  766. 34:55thinking about and yet most people also
  767. 34:59know that there have been some very sad
  768. 35:02miscarriages of Justice where innocent
  769. 35:04men and women have been accused of
  770. 35:06things that they didn't do so you have
  771. 35:08these two tensions pulling on you if
  772. 35:11you're a researcher in this
  773. 35:14area I think some people quite honestly
  774. 35:17would prefer if the research was never
  775. 35:19done because it can be used to discredit
  776. 35:21real abuse victims testimony and I think
  777. 35:25that's absolutely true you could you
  778. 35:27could have a case where a child was
  779. 35:29genuinely abused and the defense brings
  780. 35:32in someone who uses my work and other
  781. 35:35people's work to say we know this child
  782. 35:37was suggested certain things or had a
  783. 35:39certain kind of therapy and therefore we
  784. 35:41can't trust what he or she's telling the
  785. 35:45court I do think some people would
  786. 35:47prefer that those of us doing this kind
  787. 35:49of research wouldn't do
  788. 35:53it okay one more thing ready real fast
  789. 35:58got
  790. 35:58it got
  791. 36:00it got
  792. 36:06it got
  793. 36:10[Applause]
  794. 36:17it
  795. 36:19thanks thanks
  796. 36:23[Music]
  797. 36:51[Music]
  798. 36:57e

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