Truth and Consequence — Transcript
Full transcript
- 0:07[Music]
- 0:09a colleague of mine was at a meeting in
- 0:11Washington DC and it was a meeting at
- 0:14the Department of
- 0:17Justice and he said that during the
- 0:19presentation they they presented a u
- 0:23most hated list of like five people in
- 0:26the country and these are you know
- 0:28people running the meeting were process
- 0:30uors prosecutors of child abuse and uh I
- 0:33was like number two or three on the
- 0:40list ever since the witch trials both
- 0:42the ones in Salem and the US and the
- 0:44European Witch Trials children were
- 0:46viewed
- 0:49incredulously they had come to say such
- 0:52obviously false things and people's
- 0:55lives were taken in some cases because
- 0:57of what children told those inquisitions
- 0:59so for a very long period of time the
- 1:01law frowned upon having young children
- 1:04as
- 1:06witnesses there had been studies of
- 1:09suggestibility of children's testimony
- 1:11since the late
- 1:141800s and they demonstrated the young
- 1:17kids had particular problems with
- 1:19suggestibility they were more gullible
- 1:21they Incorporated suggestions that
- 1:23adults gave them and it wasn't until the
- 1:261980s that people started saying you
- 1:28know we really need to know a lot more
- 1:29more about kids there haven't been any
- 1:31studies of kids in 70 or 80 years and
- 1:34now the floodgates have opened and kids
- 1:37are coming in
- 1:38[Music]
- 1:40court you already know the answer to
- 1:42this question are children's statements
- 1:45accurate sometimes they are and
- 1:46sometimes they're not and you already
- 1:49know the answer to this as well there
- 1:50are two ways that a child statement can
- 1:54be inaccurate they can be inaccurate
- 1:56because you're lying or they can be
- 2:00inaccurate because they've come to
- 2:02believe what they're telling you or
- 2:04telling the court in my case but they're
- 2:08wrong I'm going to talk to you this
- 2:10morning about children's memories and
- 2:13the various things you can do to uh in
- 2:16in essence corrupt their
- 2:19[Music]
- 2:20memories my whole generation of memory
- 2:23researchers we were trained in
- 2:25theoretical laboratory techniques for
- 2:28studying human memory children's memory
- 2:31and we thought I think as a group
- 2:33collectively that we had learned a great
- 2:35deal about how the human memory system
- 2:36unfolds in the early years and what got
- 2:39me into this area I'll never forget it
- 2:41it was in the early 1980s I got a
- 2:43telephone call I was here at Cornell at
- 2:45my desk and a judge from upstate New
- 2:47York called and he said Professor I was
- 2:50given your name as someone who studies
- 2:52children's memory and I have a case in
- 2:55my court that I need your help
- 2:58on a young young boy his mother
- 3:01disappeared when he was 4 years old and
- 3:05after a few months his father moved from
- 3:07New York to Florida and left him and a
- 3:10sibling with a maternal aunt and the
- 3:13mother was never
- 3:15located until several years later new
- 3:19people who had bought the home the boy
- 3:21lived in were building an addition in
- 3:23the back of the home and they were
- 3:24Excavating for the addition to for a
- 3:27foundation lo and behold they discovered
- 3:29the skeletal remains of the mother's
- 3:32body and the corners report indicated
- 3:35she had died by a blow of a blunt
- 3:37instrument to the
- 3:39cranium the aunt who's been now raising
- 3:42the boy for the past 2 years and didn't
- 3:45like the dad anyway starts saying to the
- 3:47boy do you remember your dad ever
- 3:49hitting your mom with something in the
- 3:51head and at first the boy doesn't
- 3:53remember but over time allegedly he
- 3:55comes to remember a fight between the
- 3:57mom and the dad and the dad hitting the
- 4:00mother with a baseball bat in the head
- 4:02and carrying her body out the back door
- 4:05so that's how the case got the court and
- 4:07the judge's question to me was a simple
- 4:10reasonable question but one I totally
- 4:13was unable to answer he said should I
- 4:15believe the kid here I thought gee you
- 4:18know we've learned so much about how
- 4:19memory works and I don't have a clue
- 4:22what the answer
- 4:23is and it bothered me bothered me a
- 4:26great deal that I had spent all these
- 4:28years
- 4:30in the lab both reading and developing
- 4:32theories of memory and here's this
- 4:34perfectly reasonable question that I
- 4:37can't
- 4:40answer I think if you ask me how did
- 4:43that mother die I would say the father
- 4:45killed her but if you told me that the
- 4:48only evidence of that was a six-year-old
- 4:50boy's resurrected memory of it I
- 4:53wouldn't be impressed by
- 4:56that okay now I want you to take in your
- 4:59head the number number
- 5:00two can you visualize that number two
- 5:02and I want you to square it now take
- 5:05that number and square
- 5:08it now take that number and multiply it
- 5:12by
- 5:15four okay you got that you multiplied it
- 5:18by four think of a
- 5:20vegetable first vegetable comes to mind
- 5:24can you see it okay good when I used to
- 5:27teach uh developmental psychology at
- 5:29Cornell to large classes like 300
- 5:32students I would just say to them take
- 5:35out a piece of paper and pencil and
- 5:36write down the first vegetable comes to
- 5:38mind and the first vegetable is corn
- 5:40that's the most popular vegetable
- 5:42followed by potatoes onions broccoli Etc
- 5:45that's not true in this room in this
- 5:47room the first vegetable came to your
- 5:50mind was
- 5:52carrot how many of you thought of carrot
- 5:54first yeah how many of you thought of
- 5:57corn see
- 6:00carrot because I tainted your
- 6:04memory what number did you end up
- 6:06with yeah what kind of number is
- 6:10it it's a root number and your Prime
- 6:13root root and I say
- 6:16vegetable and you give me a root
- 6:19vegetable and it was unconscious you
- 6:23don't believe me do
- 6:25you okay you're know better than my
- 6:29daughter
- 6:33memory is not some mechanical recording
- 6:36system like the hard drive on your
- 6:38computer or a camera it isn't storing
- 6:41snapshots it's just not how it works it
- 6:43works at a very abstract level in a way
- 6:46that allows you to reconstruct a lot of
- 6:48things and bring it together in a way
- 6:50that's new and different every time you
- 6:52retrieve a memory and it's very
- 6:54responsive to the environment it's very
- 6:57responsive to the type of questions
- 7:00you're being asked how suggestive they
- 7:02are how far apart they're spaced and so
- 7:04on okay B so I'm going to show you this
- 7:07movie and the movie is about a grownup
- 7:09and a little girl playing on a
- 7:11playground okay it's a really short
- 7:14movie but try to pay really good
- 7:16attention to the movie cuz afterwards Cy
- 7:18does ask you some questions about it and
- 7:20see what you can remember from the movie
- 7:21yeah do you think you can remember it
- 7:24okay let's see they have a very good
- 7:27memory okay let remember a couple things
- 7:30from last year last year was a very long
- 7:33time
- 7:33[Applause]
- 7:37away did the grown-up bump into the
- 7:39little girl uh-uh did the grown-up spill
- 7:43water on purpose or was it an accident
- 7:45it was an accident it was an accident
- 7:47wasn't water it was an accident wasn't
- 7:49it did the grown-up step on a flower on
- 7:52purpose or was it an
- 7:55accident she didn't step on oh she
- 7:58didn't she didn't
- 8:01was the grown-up nice or was she mean
- 8:03nice nice yeah I thought she was nice
- 8:06did the grownup kicked the soccer ball
- 8:08on purpose or was it an
- 8:11[Music]
- 8:15accident an accident accident could you
- 8:18make a Mark here so I know that that
- 8:19one's right a grownup kicked the soccer
- 8:23ball by
- 8:26accident most of us who do research on
- 8:28children's Rec
- 8:30elections produce research that is used
- 8:33more by one side than the other in my
- 8:36case my lab at Cornell primarily
- 8:39although not exclusively has produced a
- 8:42stream of research that is easier to use
- 8:46to create Reasonable Doubt so it's used
- 8:47by the defense more than the prosecution
- 8:50I say for the most part because we have
- 8:52several studies that are much more
- 8:55favorable to the prosecution
- 8:57[Music]
- 9:04I don't care that both sides tell you
- 9:05that they're interested in arriving at
- 9:08the truth because they're not they're
- 9:12interested in winning by the time a
- 9:16case has been ordained to go to court
- 9:19that is to say all the plea offers and
- 9:22pre-trial hearings and all that's over
- 9:24and there's this subset of cases that
- 9:26they can't settle and they're going to
- 9:28go to court and both sides are revved up
- 9:31and they're going to go to court at that
- 9:33point both sides want to win truth be
- 9:36[Music]
- 9:41damned I personally rarely go into court
- 9:45as an expert witness I've only done so
- 9:47three
- 9:48times the first of these cases was in
- 9:52Dade County Florida which is Miami and
- 9:55at the time Janet Reno was the da before
- 9:58she join the Clinton
- 10:01Administration and she was Prosecuting a
- 10:0315-year-old boy his name was Bobby
- 10:08fine Bobby was a volunteer in a church
- 10:12run daycare where families would come to
- 10:16services on a Sunday and they would
- 10:18leave their children in a part of the
- 10:20church that ran this daycare operation
- 10:23while they were in the
- 10:25service so when he was 12 years old he
- 10:28was a arrested and he was charged on
- 10:32multiple counts of sexually molesting
- 10:34multiple
- 10:36children even if he did what they were
- 10:39alleging which I think everyone agreed
- 10:42including the prosecution he couldn't
- 10:44have done a lot of what the children
- 10:46were saying he did it was was it was so
- 10:49bizarre as to have been
- 10:51impossible but even if he did some of
- 10:54what they were saying he's looking at
- 10:57life without parole if convict him on a
- 11:00single
- 11:03[Music]
- 11:06count the prosecution and the defense
- 11:09asked me to come in and in fact included
- 11:11me on a subpoena list and I thought well
- 11:14maybe my general aversion to testifying
- 11:17in cases doesn't apply if both sides
- 11:20want me then I'm sort of like a Friend
- 11:22of the Court I can go in I can review
- 11:24the scientific evidence both sides can
- 11:27choose to use it to whatever extent they
- 11:29wish F but I won't be a Hired Gun
- 11:32because both sides want me and I won't
- 11:33accept a
- 11:39fee like most cases where you have
- 11:43multiple allegation Mass allegation in a
- 11:47like in a daycare case or a school bus
- 11:49case you get children contaminating
- 11:53other children with their reports over
- 11:55time this sort of thing tends to
- 11:56marinate and grow and so what you end up
- 12:00with is a
- 12:02constellation of allegations some of
- 12:05which are possible even plausible others
- 12:09of which are
- 12:14impossible you often get this where you
- 12:16you have a mixture of things that are
- 12:18possible with things that are bizarre
- 12:21and
- 12:22outrageous and so there's been this you
- 12:25know debate do you exclude everything a
- 12:27child says because there's some bizarre
- 12:30stuff there so therefore do you say that
- 12:33the plausible stuff couldn't have
- 12:34happened either a lot of defense
- 12:37attorneys would like to say that they'd
- 12:39say well where do you draw the line you
- 12:41know that a lot of what the child's
- 12:43telling you is fictitious so how do you
- 12:46know just because he says something
- 12:48plausible that that's truthful that's
- 12:50reasonable doubt and I think that's a
- 12:53good point but in terms of the research
- 12:55I can tell you it is possible for kids
- 12:58to to say some things that are accurate
- 13:01and some things that are highly
- 13:02[Music]
- 13:12inaccurate when I was in Miami being
- 13:14deposed an argument broke out during the
- 13:16deposition between the defense and the
- 13:18prosecution as to the nature of the plea
- 13:22offer by the prosecution the prosecution
- 13:25felt that the defense never presented it
- 13:27to Bobby fer accurately and that's why
- 13:29he rejected it and the defense argued
- 13:31that they did present it accurately and
- 13:34so because both sides had had me on
- 13:36their list the a resolution sort of
- 13:39emerged right in the middle of the
- 13:41deposition the prosecution asked me if I
- 13:44would go to the jail and meet with Bobby
- 13:47fer and relay to him exactly what their
- 13:51plea offer was and the defense agreed
- 13:54with this
- 13:56[Music]
- 14:01I met with Bobby his mother and his
- 14:03father and I sat down just the four of
- 14:06us in in Chambers and I relayed
- 14:10carefully the prosecution's plea
- 14:14[Music]
- 14:17bargain if he apologized to the children
- 14:20and their parents if he accept it
- 14:23incarceration in a psychiatric ward
- 14:26until I think it was age 18 so it would
- 14:28have been about 3 years years if he had
- 14:30been willing to do community service and
- 14:33continue with therapy beyond that
- 14:35there'd be no prison
- 14:39time Bobby asked me what I thought and I
- 14:42said Bobby I think there are a lot of
- 14:45things the kids are saying that are
- 14:46simply impossible there are some things
- 14:49that are plausible who knows if they're
- 14:51truthful or not only you and the
- 14:53children if you were my son I would take
- 14:56the plea offer and the reason I told him
- 14:59that is because while I think it was
- 15:04predictable that he would beat the
- 15:06counts that were these bizarre
- 15:08exaggerated claims I wasn't so confident
- 15:12that the jury wouldn't throw at least
- 15:15one bone to the prosecution and say well
- 15:17maybe when he was diapering the kids or
- 15:20taking them to the bathroom or something
- 15:22he didn't touch them inappropriately and
- 15:24that's all it took because there was no
- 15:26sentencing discretion in Florida at the
- 15:28time it his life without parole if he
- 15:31was
- 15:33convicted his father pounded his fist on
- 15:36the table and he said my boy will never
- 15:40admit to something he didn't do he'd
- 15:42rather spend his life in prison than
- 15:45admit to one of those vile acts they're
- 15:48accusing him of and I said Mr
- 15:51fine if it were you who are the
- 15:54defendant I totally respect that but
- 15:57Bobby's 15 years old
- 16:00if he goes to prison for life he's going
- 16:02to be on every inmate's dance card he
- 16:04was a very um boyish 15 even a feminite
- 16:1015 and I really thought that they were
- 16:12rolling the dice and I made it clear I
- 16:14said look I'm not against you I'm not
- 16:16for you both sides including yours want
- 16:19me involved in this uh probably when I
- 16:22review the evidence it's going to tilt
- 16:24toward your side so I'm not saying what
- 16:27I'm saying as as an adversary I'm just
- 16:30saying if you were my son I wouldn't
- 16:31roll the
- 16:42dice so they did not take my advice they
- 16:46they went deliberately against it and
- 16:48you know what they were right he got
- 16:51acquitted on all counts and I was wrong
- 16:53and I remember his father coming up to
- 16:55me afterwards saying I'm so glad we
- 16:58didn't listen to
- 17:01[Music]
- 17:10you it was an interesting and an
- 17:13important developmental experience for
- 17:15me because in studying closely this case
- 17:19of this boy Bobby fine I saw a number of
- 17:23factors at play that are not typically
- 17:27considered by researchers at least at
- 17:30that
- 17:34[Music]
- 17:38time I came back to my lab and designed
- 17:42studies that incorporated some of these
- 17:44factors that were in the F case factors
- 17:47such as emotional arousal embarrassment
- 17:51painful experiences you know it's one
- 17:54thing to say
- 17:55children are suggestible about other
- 17:58people
- 17:59it's another thing to say they're
- 18:00suggestible about someone torturing them
- 18:03handcuffing and chaining them and
- 18:06abusing them and research had never
- 18:08looked at factors like that but after
- 18:10this case I started doing
- 18:15[Music]
- 18:19so we've known for a long time that
- 18:21preschool age kids are suggestible but
- 18:24the question becomes why why are they
- 18:26suggestible what what's the underlying
- 18:28mechanism
- 18:29that drives suggestibility so Sarah
- 18:31Kowski comes to this Crossing three
- 18:34different boundaries
- 18:37memory the law and language and she says
- 18:42maybe what's going on is that children's
- 18:45suggestibility is a function of how they
- 18:49create and remember narratives how good
- 18:52they are creating cohesive coherent high
- 18:55volume narratives do you know who's here
- 18:57today
- 19:00Miss
- 19:01Baker I like to bake cookies I love
- 19:04baking cookies I I I I I help my mom
- 19:10chocolate cookies well if you made
- 19:12cookies before you know that you need to
- 19:13put butter in and butter helps make the
- 19:16cookie soft and the next thing that I'm
- 19:19going to add is sugar you're very right
- 19:23I I have brown sug do you know there's
- 19:25one more ingredient to put in do you
- 19:26know what that ingredient is it is
- 19:29salt so I'm just going to add a
- 19:32tiny oh oh
- 19:34no I just added way too much salt to my
- 19:39cookie dough you know what you all did a
- 19:42really good job helping me even though I
- 19:44was so silly so I have some stickers
- 19:46here would you all like a sticker yeah
- 19:48okay so everybody can just stay in your
- 19:50seats and I'll bring you a
- 19:52sticker and purple for
- 19:56you I want red you want red all right
- 19:58can get
- 20:00it want some
- 20:02help you got I use suggestibility
- 20:05promiscuously to refer to any event
- 20:09either verbal or pictoral it can be
- 20:13before an experience a child has or
- 20:15after an experience a child has that
- 20:17damages a child's report accuracy I
- 20:20heard that Miss Baker came to your
- 20:21classroom a while ago is that true Miss
- 20:24Baker come to see you yeah yeah I
- 20:27couldn't be her that day but I want to
- 20:28hear all about what happened when she
- 20:31came I don't know you don't know that's
- 20:35okay how about I ask you some questions
- 20:37okay did she put a sticker on your KNE
- 20:39man
- 20:41son no on your forehead we put it there
- 20:45are you sure cuz I heard that she put it
- 20:47on your knee no we didn't we can put it
- 20:50wherever we wanted they just give it to
- 20:53us oh but the other kids told me that
- 20:55she put it on your knee no I got to
- 20:58stick and I put it on my forehead oh V
- 21:01put it on her nose oh yeah well think
- 21:05real hard that is are you sure she
- 21:06didn't put it on your knee no did Miss
- 21:10Baker put a sticker on your knee are you
- 21:12sure Manon cuz the other kids told me
- 21:14that she put a sticker on your knee some
- 21:16kids did
- 21:18oh well I want you to think really hard
- 21:21it's really important to know what
- 21:22happen did she put a sticker on your
- 21:25knee did Miss Baker put a sticker on
- 21:28your knee cut yeah she
- 21:30did she put a she put a sticker on one
- 21:35kid's
- 21:39knee so are you ready I want you to read
- 21:42the following message and do what it
- 21:44says are you
- 21:45ready you got
- 21:50it got
- 21:53it got
- 21:56it got it
- 22:07[Music]
- 22:09cut it
- 22:14no we can
- 22:20wait got
- 22:24it got it
- 22:28[Music]
- 22:30got
- 22:32it got
- 22:35it got
- 22:42it got
- 22:45it I lost some of you but those of you I
- 22:48haven't lost you got
- 22:51it got
- 22:53[Music]
- 22:57it got
- 22:59[Music]
- 23:02[Applause]
- 23:05it
- 23:07[Applause]
- 23:10well do you owe me an
- 23:13apology you
- 23:18Skeptics I think an aha moment for a lot
- 23:21of researchers in this area was the
- 23:24realization that you could move from
- 23:27suggesting observations and eyewitness
- 23:30acts like what someone else did to not
- 23:34someone else but you yourself and within
- 23:36you something very Salient something
- 23:38having to do with genital touching I
- 23:40think that was an aha moment that there
- 23:42didn't appear to be any boundaries that
- 23:45Beyond which suggestions didn't take a
- 23:48toll on kids accuracy of
- 23:54reporting we were interested in whether
- 23:56you could take a child who didn't didn't
- 23:58have an experience at all and lead them
- 24:01to believe that they did so the mous
- 24:03Trap study was designed to test that we
- 24:06took a group of kids whose parents
- 24:08assured us that they never got their
- 24:10hands caught in a mouse trap and had to
- 24:12go to a hospital to get it removed and
- 24:14we said to the kids did you ever get
- 24:17your hand caught in a mouse trap and
- 24:18have to go to the hospital to get it
- 24:20removed and the kids all said no never
- 24:23happened don't have a mouse trap at our
- 24:25house said okay and then we brought them
- 24:28back a week later we said did you ever
- 24:30get your hand caught in a mouse trap and
- 24:32have to go to the hospital to get it
- 24:33removed and kids would think and they'd
- 24:35say
- 24:37h i remember something about a mouse
- 24:42trap around the 6th 7th 8th week a lot
- 24:45of kids are saying yeah I remember
- 24:47something about the mouse trap and
- 24:48getting my finger caught in it and
- 24:50they're starting to give you these
- 24:52embellish narratives about what they
- 24:54claim happened about how their dad
- 24:56opened the van door and they put them in
- 24:58the van and their mother and their
- 24:59brother and their dad drove them to the
- 25:01hospital and a nurse took the mouse trp
- 25:03off and they bandaged his finger and
- 25:05they they could be quite elaborate in
- 25:08their in their narratives because we'd
- 25:11be inducing them to developmental images
- 25:13of something that didn't happen simply
- 25:15by asking them week in and week out
- 25:18think about it close your eyes and think
- 25:20about it did you ever get your finger
- 25:22caught in a m
- 25:26trp so the first time time they close
- 25:29their eyes and they generate that image
- 25:30it doesn't match anything in memory the
- 25:33next week they close their eyes and they
- 25:35generate that image it does match
- 25:37something in memory what it matches is
- 25:39the image they created the week
- 25:42before young kids in particular have a
- 25:45really difficult time monitoring the
- 25:48differences between things that they
- 25:50imagined versus things they actually saw
- 25:53because both leave a mental imprint in
- 25:55memory and that kind of source
- 25:57discrimination very difficult especially
- 25:59for preschool kids all of us have a
- 26:01problem with it adults as well but
- 26:04preschool kids are particularly uh hurt
- 26:07by those kind of
- 26:14techniques I was asked in the mid
- 26:191990s to testify in a stay of execution
- 26:22case in El Paso Texas it's mesas versus
- 26:26people of Texas and Frederico msas was
- 26:31accused and convicted of murdering
- 26:35someone in his trailer park and burying
- 26:38the body in a desert area behind the
- 26:41trailer park and the critical testimony
- 26:43was given by a little girl and I
- 26:46remember the attorney who called and
- 26:48asked me to testify was someone that was
- 26:52doing at pro bono from a very large
- 26:55powerful law firm in America corporate
- 26:57law firm and he said I know you don't
- 27:00charge anything and I'm wondering if you
- 27:02would join us and review for the court
- 27:04the scientific evidence related to the
- 27:08statement that the childness case
- 27:11made the little girl who was the
- 27:14critical testimony had testified that
- 27:17she saw the defendant mesas washing
- 27:20blood off his hands in the bathroom in
- 27:23his trailer she was there playing with
- 27:24his daughter that day and physically was
- 27:28impossible for her to have seen him
- 27:30washing his hands uh given her testimony
- 27:33of where she was in the trailer at the
- 27:35time because of the way the door opened
- 27:37in rather than opened
- 27:41out other things she said also I found
- 27:44very interesting because they were
- 27:46things we didn't have a lot of research
- 27:48about so they gave me clues about
- 27:51studies I should design including the
- 27:53use of stereotypes this is a little girl
- 27:56whose mother used to say to her I don't
- 27:58want you to go to Fred's trailer because
- 28:01he's a jail bird he's a bad man so the
- 28:04mother had created this negative
- 28:06stereotype about this guy and we were
- 28:08very interested to what extent to
- 28:11Children start to conform to a
- 28:12stereotype over
- 28:14time in that particular case messas was
- 28:17given a stay of
- 28:18execution and he had been scheduled to
- 28:21die by lethal injection in a
- 28:23week and during the stay there was a
- 28:26petition for a new trial and and
- 28:28ultimately he was acquitted and he he
- 28:30went
- 28:33free I remember when I returned from
- 28:36testifying in this uh state of execution
- 28:38case saying to my lab you know we don't
- 28:41know very much about the role of
- 28:42stereotypes so let's design some
- 28:48studies let me uh show
- 28:51you a video clip of three children the
- 28:55first is a three and 1/2 the second is a
- 28:574 half-year-old and the third is a
- 29:00six-year-old and they all witnessed the
- 29:02same event A Man Named Sam came to their
- 29:04preschool program and they corroborate
- 29:07each other about certain things that Sam
- 29:09did when he visited but they also
- 29:11contradict each other about other things
- 29:14and I want you to look at these three
- 29:15kids and what they're saying
- 29:18[Music]
- 29:19and imagine you're a juror and you're
- 29:22listening to
- 29:24them well I wasn't there that day and I
- 29:27want to know everything that happened
- 29:29that day that samstone came to
- 29:33visit she said be careful with the
- 29:37dollies and he put it up then then the
- 29:41dollies some some of them looked off
- 29:45then he got a book and P it up then then
- 29:49one of the pages looked off Sam don't do
- 29:52anything with him there he didn't
- 29:58he was doing it so fast that he ripped
- 30:01one of the pages really what about um a
- 30:06bear teddy bear put some chocolate ice
- 30:10cream on there he always does thatu
- 30:14exited did you see him rip the book and
- 30:17put the ice cream on the Bear yes you
- 30:19did you saw him do it you're a juror
- 30:23you've just heard these three kids or
- 30:25you've seen videos of their interviews
- 30:27who's the most cred of the three a b or
- 30:33c let me just say this he didn't do any
- 30:37of those things he didn't rip anything
- 30:40tear anything soil anything toss
- 30:42anything none of them and the only child
- 30:46the only child who was accurate was the
- 30:48little girl in the middle the red-haired
- 30:51girl the one that you rate as the least
- 30:55accurate and most professionals rate as
- 30:58the least accurate all he did was he
- 31:01came he said hi he smiled he walked
- 31:03around the housekeeping section of the
- 31:05class and then he say goodbye and left
- 31:07he didn't tear soil toss
- 31:11anything here's how you can get kids to
- 31:14say things that persuade people like
- 31:17yourself and persuade professionals and
- 31:19yet are
- 31:21wrong they're given false stereotypes
- 31:24about Sam they are told things that
- 31:27simply aren't true about how clumsy
- 31:29clutzy Sam is how he's always breaking
- 31:32things and spilling things and so on and
- 31:34they're interviewed four times over8
- 31:36weeks very
- 31:37suggestively how suggestively well the
- 31:39interviewer says things like do you
- 31:41remember that time Sam Stone came to
- 31:42your school and ripped that book did he
- 31:44do it on purpose or was it an
- 31:47[Music]
- 31:49accident I get to see a lot of cases and
- 31:52and this this stereotype thing you see
- 31:54it a lot you you know where you
- 31:56especially see it is in in acrimonious
- 31:58custody disputes where one parent
- 32:02creates a monster out of another
- 32:05[Music]
- 32:08parent where you also see stereotype
- 32:11cases is in physical and sexual abuse
- 32:13cases where an interviewer is reckless
- 32:15enough to do this which isn't typical I
- 32:18don't want to give the impression that
- 32:20this is something that all interviewers
- 32:21do because it's only something that the
- 32:23worst interviewers
- 32:26do when they interview a child if
- 32:28they're not getting a disclosure from
- 32:30the child and they think the child's in
- 32:32denial or protecting someone they'll say
- 32:35things like don't you want to help us
- 32:38keep so and so in jail so he doesn't
- 32:40hurt other children your friends have
- 32:43already told us that he hurt them don't
- 32:45you want to help us protect your friends
- 32:47so they start creating this negative
- 32:49stereotype about a bad person he's in
- 32:52prison let's not let him out and let him
- 32:55victimize other kids
- 33:01in our studies we've argued that a
- 33:03significant minority of kids have had
- 33:05their actual memories corrupted by these
- 33:07suggestive techniques that's why lie
- 33:10detection methods don't work with these
- 33:12kids because they're not lying they've
- 33:14come to believe their false reports so
- 33:18we call them false
- 33:25beliefs if you corrupt a memory that's
- 33:29part of the child's
- 33:31autobiography it's who they are now and
- 33:34there are no deprogramming techniques
- 33:36that'll suddenly repair a false memory
- 33:39yeah you can talk kids out of testifying
- 33:43about it you can coers and Bully them
- 33:45and they won't say it but it isn't
- 33:47because you have rehabilitated their
- 33:50memory they deeply believe that what
- 33:52they were saying was truthful so it's
- 33:55important for judges law Guardians and
- 33:57other s that are interviewing kids
- 33:59really far Downstream to appreciate that
- 34:02Upstream months before maybe other
- 34:05people were interviewing in a not so
- 34:07neutral way and when I say interview I'm
- 34:11including
- 34:12conversations depending on what you're
- 34:14saying to your child it could improve
- 34:16the memory or could corrupt the
- 34:22memory everyone knows only too well that
- 34:26there are enormous numbers of kids every
- 34:29year in this country and others that are
- 34:35abused most of them are uh neglected a
- 34:39lot of them are physically abused and
- 34:40some are sexually abused and all the
- 34:44official numbers are under reports
- 34:46because some kids never tell so
- 34:48everybody's mindful of this everyone
- 34:50knows real abuse happens far far more
- 34:53often than anyone is comfortable
- 34:55thinking about and yet most people also
- 34:59know that there have been some very sad
- 35:02miscarriages of Justice where innocent
- 35:04men and women have been accused of
- 35:06things that they didn't do so you have
- 35:08these two tensions pulling on you if
- 35:11you're a researcher in this
- 35:14area I think some people quite honestly
- 35:17would prefer if the research was never
- 35:19done because it can be used to discredit
- 35:21real abuse victims testimony and I think
- 35:25that's absolutely true you could you
- 35:27could have a case where a child was
- 35:29genuinely abused and the defense brings
- 35:32in someone who uses my work and other
- 35:35people's work to say we know this child
- 35:37was suggested certain things or had a
- 35:39certain kind of therapy and therefore we
- 35:41can't trust what he or she's telling the
- 35:45court I do think some people would
- 35:47prefer that those of us doing this kind
- 35:49of research wouldn't do
- 35:53it okay one more thing ready real fast
- 35:58got
- 35:58it got
- 36:00it got
- 36:06it got
- 36:10[Applause]
- 36:17it
- 36:19thanks thanks
- 36:23[Music]
- 36:51[Music]
- 36:57e
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