Why eyewitnesses get it wrong Scott Fraser

the murder happened a little over 21

years ago January the 18th 1991 in a

small bedroom community of Lynwood

California just a few miles southeast of

Los Angeles father came out his house to

tell his teenage son and his five

friends that it was time for them to

stop horsing around on the front lawn

and on the sidewalk to get home finish

their schoolwork prepare themselves for

bed and as the father was administering

these instructions a car drove by slowly

and just after it passed the father and

the teenagers a hand went out from the

front passenger window and bam bam

killing the father and the car sped off

the police investigating officers were

amazingly efficient they considered all

the usual culprits and in less than 24

hours they had selected their suspect

Francisco Carrillo a 17 year old kid who

lived about two or three blocks away

from where the shooting occurred

they found photos of him they prepared a

photo array and the day after the

shooting they showed it to one of the

teenagers and he said that’s the picture

that’s the shooter I saw that killed the

father that was all a plenary hearing

judge had to listen to to bind mr.

Carrillo over to stand trial for

first-degree murder in the investigation

that followed before the absolute trial

each of the other five teenagers was

shown

photographs the same photo array the

picture that we best can determine was

probably the one that they were showing

the photo a is in your bottom left-hand

corner of these mug shots the reason

we’re not sure absolutely is because of

the nature of evidence preservation in

our judicial system but that’s another

whole TEDx talk for later so at the

actual trial all six of the teenagers

testified and indicated the

identifications they had made in the

photo array he was convicted he was

sentenced to life imprisonment and

transported to Folsom Prison so what’s

wrong

straightforward fair trial full

investigation oh yes no gun was ever

found no vehicle was ever identified as

being the one in which the shooter had

extended his arm and no person was ever

charged with being the driver of the

shooters vehicle and mr. Curry’s alibi

which of those parents here in the room

might not lie concerning the whereabouts

of your son or daughter in an

investigation of a killer except prison

adamantly insisting on his innocence

which he has consistently for 21 years

so what’s the problem the problem is

actually for this kind of case come many

fold from decades of scientific research

involving human memory first of all we

have all the statistical analyses from

the Innocence Project work where we know

that we have what 250 280 documented

cases now where people have been

wrongfully

victim and subsequently exonerated some

from death row on the basis of later DNA

analysis and you know that over

three-quarters of all of those cases of

exoneration involve only eyewitness

identification testimony during the

trial that convicted them we know that

eyewitness identifications are foul well

the other comes from an interesting

aspect of human memory that’s related to

various brain functions but I can sum up

for the sake of brevity here in a simple

line the brain have Horrors a vacuum

under the best of observation conditions

the absolute best we only detect encode

and store in our brains bits and pieces

of the entire experience in front of us

and they’re stored in different parts of

the brain so now when it’s important for

us to be able to recall what it was that

we experienced we have an incomplete we

have a partial Thor and what happens

below awareness with no requirement for

any kind of motivated processing the

brain fills in information that was not

there not originally stored from

inference from speculation from sources

of information that came to you as the

observer after the observation but it

happens without awareness such that you

don’t aren’t even cognizant of occurring

it’s called reconstructed memories it

happens to us in all the aspects of our

lives all the time it was those two

considerations among others

reconstructed memory the fact about the

eye witness infallibility that was part

of the instigation for a group of Appeal

attorneys led by an amazing lawyer named

Ellen Eggers to pool their experience

and their talents together and petition

the Superior Court for a retrial for

Fran

sisqó Carillo they retained me as a

forensic neurophysiologist because I had

expertise in eyewitness memory and

identification which obviously makes

sense for this case but also because I

have expertise and testify about the

nature of human night vision well what’s

that got to do with this well when you

read through the case materials in this

curio case one of the things that

suddenly strikes you is that the

investigating officers said the lighting

was good at the crime scene at the

shooting all the teenagers testified

during the trial that they could see

very well but this occurred in

mid-january in the northern hemisphere

at 7:00 p.m. at night so when I do the

CAD did the calculations for the lunar

data and the solar data at that location

on earth at the time of the incident of

the shooting all right it was well past

the end of civil twilight and there was

no moon up tonight so all the light in

this area from the Sun of the Moon is

what you see in the screen right here

the only lighting in that area had to

come from artificial sources and that’s

where I go out and I do the actual

reconstruction of the sea with

photometers with various measures of

illumination and various other measures

of of colour perception along with

special cameras and high-speed film

right take all the measurements and

record them and then take photographs

and this is what the scene looked like

at the time of the shooting

from the position of the teenagers

looking at the car going by and shooting

this is looking directly across the

street from where they were standing

remember that vestigation officers

report said the lighting was good

Teter just said they could see very well

this is looking down to the east where

the shooting vehicle sped off and this

is the lighting directly behind the

the teenagers as you can see it is at

best poor no one’s going to call this

well-lit good lighting and in fact as

nice as these pictures are and the

reason we take this I knew I was going

to have to testify in the court and a

picture is worth more than a thousand

words when you’re trying to communicate

numbers abstract concepts like Lux the

international measurement of

illumination the Ishihara color color

perception test values when you present

those to people who are not well versed

in those aspects of science net they

become salamanders in the noonday Sun

it’s like talking about the tangent of

the visual angle all right their eyes

just glaze over all right a good

forensic expert also has to be a good

educator a good communicator and that’s

part of the reason why we take the

pictures to show not only the where the

light sources are and what we call the

spill the distribution but also so that

it’s easier for the Trier of fact to

understand the circumstances so these

are some of the pictures that in fact I

use quite testify but more importantly

work to me and the scientists are those

readings the Fatah Marines which I can

then convert into actual predictions of

the visual capability of the human eye

under those circumstances and from my

readings that I recorded at the scene

under the same solar and lunar

conditions at the same time so on and so

forth I could predict that there would

be no reliable color perception which is

crucial for face recognition and that

there would be only schoo topic vision

which means there’d be very little

resolution what we call boundary or edge

detection and that furthermore because

the eyes would have been totally dilated

under this light the depth of field the

distance at which you can focus and see

details would have been less than 18

inches away I testified to that to the

court and while the judge was very

attentive it had been a very very long

hearing for this petition for a retrial

and as a result I noticed out of the

corner

that I II thought that maybe the judge

was going to need a little more of a

nudge than just more numbers and here I

became a bit audacious and I turn and I

asked the judge I said Your Honor I

think you should go out and look at the

scene yourself now I may have used the

tone which is more like a dare than a

request but nonetheless it’s to this

man’s credit and his courage that he

said yes I will a shocker

in American jurisprudence so in fact we

found the same identical division so he

reconstructed the entire thing again he

came out with an entire brigade of

sheriff’s officers to protect him in

this in this community we had him stand

actually slightly in the street so

closer to the suspect vehicle shooter

vehicle then the actual teenagers were

so he stood a few feet from the curb for

the middle of the street

we had a car that came by same identical

car as described by the teenagers right

they had a driver and a passenger and

after the car had passed the judge by

the passenger extended his hand pointed

it back to the judge as the continued on

just as the teenagers had described it

right now he didn’t use a real gun in

his hand

so he had a black object in his hand

that was similar to the gun that was

described he probably bought and this is

what the judge saw this is the car 30

feet away from the judge there’s an arm

sticking out of the passenger side and

pointed back at you that’s 30 feet away

some up to usurer said that that in fact

the car was 15 feet away when it shot

okay

there’s 15 feet at this point I became a

little concerned

this judge is someone you never want to

play poker with I he was totally stoic I

couldn’t see a twitch of his eyebrow I

couldn’t see and the slightest bending

of his head I had no sense of how he was

reacting to this

and after he looked at this reenactment

he turned to me and he says is there

anything else you want me to look at I

said your honor

and I don’t know whether I was

emboldened by the scientific

measurements that I had in my pocket and

my knowledge that they are accurate or

whether it was just sheer stupidity

which is what the defense lawyers

thought when they heard me say yes your

honor I want you to stand right there

I want the car to go around the block

again and I want it to come and I want

it to stop right in front of you three

to four feet away and I want the

passenger to extend his hand with a

black object to point right at you and

you can look at it as long as you want

and that’s what he saw

you’ll notice which was also in my test

report all the dominant lighting is

coming from the north side which means

that the shooters face would have been

photo occluded would have been backlit

furthermore the roof of the car is

causing what we call a shadow cloud

inside the car which is making it darker

and this is three to four feet away why

did I take the risk

I knew the depth of field was 18 inches

or less three to four feet and might as

well had been a football field away this

is what he saw went back there was a few

more days of evidence that was heard at

the end of it he made the judgment that

he was going to grant the petition for a

retrial and furthermore he released mr.

Carrillo so he could aid in the

preparation of his own defense if the

prosecution decided to retry him which

they decided not to he is now a freed

man

this is this is him embracing his

grandmother in law he his girlfriend was

pregnant when he went to trial right and

he had a little baby boy he and his son

are both attending Cal State Long Beach

right now taking classes what does what

does this example what’s important to

keep in mind for ourselves first of all

there’s a long history of antipathy

between science and the law in American

jurisprudence I could regale you with

horror stories of ignorance over decades

of experience as a forensic expert of

just trying to get science into the

courtroom the opposing counsel always

fight it and oppose it one suggestion is

that all of us become much more attuned

to the necessity through policy through

procedures to get more science in the

courtroom and I think one large step

toward that is more requirements with

all due respect to the law schools of

science technology engineering

mathematics for anyone going into the

law because they become the judges think

about how we select our judges in this

country it’s very different than most

other cultures the other one is I want

to suggest the caution that all of us

have to have I constantly have to remind

myself about just how accurate are the

memories that we know are true that we

believe in there is decades of research

examples and examples of cases like this

where individuals really really believe

none of those teenagers who identified

him thought that they were picking the

wrong person none of them thought they

couldn’t see the person’s face we all

have to be very careful all our memories

are reconstructed

they are the product of what we

originally experienced and everything

that’s happened afterwards

they’re dynamic they’re malleable

they’re volatile and as a result we all

need to remember to be cautious that the

accuracy of our memories is not measured

in how vivid they are nor how certain

you are that they’re correct thank you

这起谋杀案发生在 21

年前,即 1991 年 1 月 18 日,在洛杉矶

东南几英里的加利福尼亚州林伍德的一个小卧室社区里,

父亲走出家门,

告诉他十几岁的儿子和他的五个

朋友,是时候让他们

停止在前草坪

和人行道上闲逛,回家

完成功课准备

睡觉,当父亲执行

这些指令时,一辆汽车缓缓

驶过,刚经过父亲

和青少年,一只手从

前排乘客窗和bam bam

杀死了父亲和汽车加速

离开警察调查人员的

效率惊人,他们认为

所有通常的罪魁祸首,在不到24

小时内,他们选择了他们的嫌疑

人弗朗西斯科·卡里略,一个17岁的孩子,

大约两岁或两岁。

在距离枪击发生地三个街区的地方,

他们发现了他的照片,他们准备了一

组照片,枪击后的第二天,

他们展示了 把它发给了其中一个

青少年,他说那是

我看到的枪手杀死了

父亲的照片,这是全体听证会

法官必须听的全部内容才能绑定先生。

Carrillo 在绝对审判之前

的调查中以一级谋杀罪

受审

其他五名青少年中的每一个都被

展示

了相同的照片阵列

我们最能确定

的照片可能是他们展示照片的照片 a 在

这些大头照的左下角

我们不确定的原因绝对是因为我们的司法系统

中证据保存的性质,

但这是另一个

完整的 TEDx 演讲,所以在

实际审判中,所有六名青少年

作证并

指出他们在

照片阵列中所做的识别 他被定罪 他被

判处无期徒刑并被

送往福尔松监狱 所以出了什么

问题

直接的公平审判 全面

调查 哦是的 没有

发现枪 没有车辆被确定

为 其中枪手

伸出了手臂,没有人被

指控为枪手车辆的司机

和先生。 库里的不在场证明

房间里的哪些父母

可能不会

在调查凶手时就你儿子或女儿的下落撒谎,

除非

监狱坚持坚持他的清白

,他一直坚持 21 年,

那么问题到底出在哪里?

这种

案例来自数十年

涉及人类记忆的科学研究首先我们

拥有

来自“无罪计划”工作的所有统计分析,我们

知道我们现在有 250 280 个记录在案的

案例,人们被

错误地

受害者并随后被免责 一些

来自死囚牢房,基于后来的 DNA

分析,你知道,在

所有这些无罪案件中,超过四分之三

只涉及

审判期间对他们定罪的目击者身份证明我们知道

目击者身份证明是犯规

的,另一个来自

与各种大脑功能相关的人类记忆的有趣方面,

但我知道

为了简洁起见,简单地总结一下,

大脑有恐怖

在最好的观察条件下是真空的

,绝对最好的我们只检测到编码

并存储在我们的大脑

中,我们面前的整个体验的点点滴滴

,它们 ‘被存储在

大脑的不同部位,所以现在当

我们能够回忆起我们经历过的事情很重要时,

我们有一个不完整的我们

有一个部分的雷神以及

在意识下发生的事情,不需要

任何类型的动机处理

大脑会填充原本不存在的信息,这些信息

最初不是通过推测而存储

的 重构的记忆 它

在我们生活的方方面面一直发生在我们

身上 正是这两个

考虑因素

重构了记忆 关于 t 的事实 他

目睹证人的无误,这是

由一位名叫艾伦·埃格斯(Ellen Eggers)的出色律师领导的一群上诉律师的一部分,

他们将他们的经验

和才能汇集在一起,并

请愿高等法院重审

Fran

sisqó Carillo 他们聘请我作为

法医 神经生理学家,因为我有

目击者记忆和识别方面的专业知识,

这显然

对这个案例有意义,但也因为我

有专业知识并证明

了人类夜视的本质,

当你阅读案例材料时,这与这件事有什么关系

古玩案 突然让你印象深刻的一件事是

调查人员说枪击案

的犯罪现场照明良好

所有青少年

在审判期间作证他们可以看

得很清楚但这发生

在北方的一月中旬

晚上 7:00 的半球 晚上,所以当我做

CAD 时,计算了枪击

事件发生时地球上那个位置

的月球数据和太阳数据 今晚,

这个区域所有来自月球太阳的光

就是你在屏幕上看到

的,那个区域唯一的照明必须

来自人造光源,这

就是我出去的地方,我进行了大海的实际

重建 使用

具有各种

照明度和各种其他

颜色感知度的光度计,以及

特殊的相机和高速胶片,

将所有测量值

记录下来,然后拍照

,这就是

拍摄时的场景

从青少年的位置

来看,汽车经过并开枪射击,

这是

他们站着的街道对面的

景象,记得调查官员的

报告说 灯光很好

泰特只是说他们看得很好

这是向东看

,射击车飞驰而过,这

是青少年正后方的灯光

,你可以看到它

充其量是可怜的,没有人会说这

很好 - 光线充足,事实上和

这些照片一样漂亮,

我们拍摄这张照片的原因

像勒克斯这样的概念

国际

照明测量石原颜色颜色

感知测试值当您

向不

精通科学网这些方面的人展示这些值时,它们

在正午的太阳中变成蝾螈

就像在谈论

视角的切线一样 对了,他们的眼睛

只是呆滞,一个好的

法医专家也必须是一个好的

教育者,一个好的沟通者,这

就是我们把

照片带到s的部分原因 不仅是

光源的位置和我们所说的

溢出分布,

而且是为了让事实的审判者更容易

理解情况,所以这些

是事实上我

使用的一些图片证明了但更重要的是

工作 对我和科学家来说,这些

读数是法塔赫海军陆战队的读数,然后我可以

将这些读数转换为

对人眼

在这些情况下的视觉能力的实际预测,以及我

在相同的太阳和月球

条件下在现场记录的读数 以此类推,

我可以预测不会有

可靠的颜色感知,这

对于面部识别至关重要,并且

只有学校主题视觉

,这意味着

我们称之为边界或边缘

检测的分辨率非常低,并且 此外,因为

在这种光线下,眼睛会被完全放大

,所以景深

,您可以聚焦和查看

细节的距离会增加 距离不到 18

英寸 我向法庭证明了这一点

,虽然法官非常

专心,但

这次重审请愿的听证会非常漫长

,结果我从

角落里

注意到,我认为 也许

法官需要更多的

推动,而不仅仅是更多的数字,在这里我

变得有点大胆,我转身

问法官,我说法官大人,我

想你现在应该自己出去看看

现场我 可能使用的

语气更像是一个敢于而不是

请求,但

说是的,我将

在美国法理学中令人震惊,所以实际上我们

找到了相同的划分,所以他

重建了整个事情,这要归功于这个人的信用和勇气 再一次,他

带着一整队

治安官出来保护他

他站在离马路中间的路边几英尺的地方,

我们有一辆汽车,与

青少年所描述的相同,

他们有一名司机和一名乘客,

在汽车通过法官

后,乘客延长了他的 手把

它指给法官,

就像青少年现在描述的

那样,他手里没有用真正的枪,

所以他手里拿着一个黑色物体,与

他描述的枪相似

可能是买的,这

就是法官看到的,这是

离法官 30 英尺远的汽车,有一条手臂

从乘客一侧伸出,并

指向您,距离 30 英尺远,

有些高利贷者说,实际上

这辆车是 15 开球时

有 15 英尺远 我有点担心

这个裁判是你永远不想

和我一起玩扑克的人 他完全坚忍我

看不到他的眉毛抽搐 我

看不到 稍微

低下头 我不知道他对此有何

反应

,在他看了这个重演后,

他转向我,他说

你还有什么想让我看的,我

说你的荣幸

,我不知道我是否有

胆量

我口袋里的科学测量值以及

我知道它们是准确的

还是仅仅是愚蠢的

,这是辩护律师

听到我说是的,

法官大人我要你站在那里

我要车子 再次绕过街区

,我希望它来,我希望

它停在你面前三

到四英尺远,我希望

乘客伸出手,用一个

黑色物体指向你,

你可以看 只要你愿意

,他看到的就是

你会注意到的,这也在我的测试

报告中,所有的主要照明都

来自北侧,这

意味着射手的脸会被

照片遮挡,而且屋顶会被背光

的 汽车在车内

造成了我们所说的阴影云

,这使它变得更暗

,这是三到四英尺远

我为什么要冒险

我知道景深是 18 英寸

或更小,三到四英尺,还不

如 离开了一个足球场,这

就是他所看到的,然后又看到

了几天的证据,

在结束时他做出了

他将批准重审申请的判断,

并释放了先生。

Carrillo,这样他就可以帮助

准备自己的辩护,如果

检方决定重审他,

他们决定不重审他现在是一个自由的

这是他拥抱他的

祖母他的女朋友

在他接受审判时怀孕了 对,

他有一个小男孩,他和他的儿子

现在都在加州长滩州立大学

上课

,这个例子是什么,这个例子是什么

,对我们自己来说最重要的是首先要记住

科学与科学之间的反感由来已久 美国

法学中的法律 我可以用

几十年

来作为一名法医专家的

无知的恐怖故事

来取悦你

有必要通过程序通过政策

在法庭上获得更多科学知识

,我认为朝着这一目标迈出的一大步

是更多的

要求 尊重

科学技术工程

数学法学院对于任何进入

法律的人,因为他们成为法官考虑

我们如何在这个国家选择我们的法官,这

与大多数

其他文化非常不同,另一种是我想

提醒所有人谨慎 我们中的

一些人必须拥有我必须不断提醒

自己

,我们所知道的记忆是多么准确,我们相信我们

相信有几十年的研究

例子和类似案例的例子

,个人真的

不相信那些确定

他认为他们选

错了人没有人认为他们

看不到那个人的脸我们

都必须非常小心我们所有的记忆

都是重建的

它们是我们

最初经历的一切

以及后来发生的一切的产物

它们是 动态的,它们是可塑的,

它们是易变的,因此我们都

需要记住要小心,你的

准确性 r 记忆的衡量标准不是

它们的生动程度,也不是

你对它们是否正确的确定程度,谢谢