Eyewitnesses are susceptible to recollecting that they experienced an event in a way that is consistent with false information provided to them after the event. The effect is commonly called the misinformation effect. Because jurors tend to find eyewitness testimony compelling and persuasive, it is argued that jurors are likely to give inappropriate credence to eyewitness testimony, judging it to be reliable when it is not. It is argued that jurors should be informed about psychological findings on the misinformation effect, (...) to ensure that they lower the credence that they give to eyewitness testimony to reflect the unreliability of human memory that is demonstrated by the effect. Here I present a new argument, the overcritical juror argument, to support the conclusion that eyewitnesses are likely to make inappropriate credence assignments to eyewitness testimony. Whereas previously authors have argued that jurors will tend to give too much credence to eyewitness testimony, I identify circumstances in which jurors will give too little credence to some pieces of testimony. In my view jurors should be informed by psychological findings relating to the misinformation effect to ensure that they do not lower the credence that they give to eyewitness testimony when they should not. (shrink)

Misremembering is a systematic and ordinary occurrence in our daily lives. Since it is commonly assumed that the function of memory is to remember the past, misremembering is typically thought to happen because our memory system malfunctions. In this paper I argue that not all cases of misremembering are due to failures in our memory system. In particular, I argue that many ordinary cases of misremembering should not be seen as instances of memory’s malfunction, but rather as the normal result (...) of a larger cognitive system that performs a different function, and for which remembering is just one operation. Building upon extant psychological and neuroscientific evidence, I offer a picture of memory as an integral part of a larger system that supports not only thinking of what was the case and what potentially could be the case, but also what could have been the case. More precisely, I claim that remembering is a particular operation of a cognitive system that permits the flexible recombination of different components of encoded traces into representations of possible past events that might or might not have occurred, in the service of constructing mental simulations of possible future events. So that imagination and memory are but one thing, which for diverse considerations hath diverse names.Thomas Hobbes, Leviathan 1.2. (shrink)