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From Testimony to Truth: How Memory Works, and How It Shapes Legal Outcomes

Join Dr. Trent Terrell for a primer on the systems and processes of human memory and how their reconstructive nature can be relevant to any criminal case involving eyewitnesses. The webinar will review the different steps in the memory process, how they come together into the Atkinson and Shiffrin Model of Memory, and how the resulting memories are reconstructions that should not be considered factually reliable without corroborating evidence.

Topics covered include:

Trial Skills Criminal Law Law Practice Personal Injury

Agenda:

Introductory Overview

Brief introduction of the presenter and his organization
Statement of topics to be covered and anticipated takeaways

An Introduction to Memory Cases

A real-world case the presenter has worked on
The two most common types of memory cases

The Systems and Processes of Memory

Sensory memory

Short-term/working memory
Long-term memory

The Atkinson-Shiffrin model

The Types of Forgetting

Inattentional blindness
Encoding and retrieval errors

Loftus and Palmer’s seminal eyewitness memory experiment

Putting It All Together

Application to the case introduced
All memory is reconstructive

Questions & Answers

Duration of this webinar: 60 minutes

Originally broadcast: July 14, 2025 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Dr. Trent Terrell, a cognitive psychologist, is introduced as the speaker, focusing on memory's role in legal cases. Dr. Terrell clarifies his background, emphasizing his research on memory rather than clinical psychology. He outlines the presentation's focus on memory systems and processes, relevant to both legal and everyday contexts. The presentation will cover three brain systems and processes essential for long-term memory formation.

04:44 Understanding Memory Systems

Dr. Terrell discusses the Atkinson and Schiffrin model, a key framework for understanding human memory. He differentiates between forgetting and reconstructive errors, emphasizing that memory failures are not always due to forgetting. A case study from Houston is introduced, illustrating how memory concepts apply to real-world legal scenarios. The case involved a drug sting operation in which the identification of suspects relied heavily on memory. Dr. Terrell explains his typical work on identification and delayed outcry cases, highlighting the importance of understanding memory in legal contexts.

13:38 Memory Processes and Models

Dr. Terrell discusses the limitations of human memory, including attentional capacity and the reconstructive nature of memory. He uses the example of inattentional blindness to illustrate how easily important details can be missed. Rehearsal is explained as a method to move information into long-term memory, although it is not always effective. The analogy of human memory to computer memory is critiqued, highlighting the differences in how information is stored and retrieved. Dr. Terrell emphasizes that memory is not a perfect recording but a dynamic process subject to change.

43:16 Reconstructive Nature of Memory

Dr. Terrell explains that memory is inherently reconstructive, often leading to errors in recall. He cites Elizabeth Loftus's research, which demonstrates how memory can be influenced by external factors like wording. The concept of retrieval errors is introduced, when individuals confidently recall incorrect information. Dr. Terrell stresses that even honest witnesses can provide inaccurate testimony due to memory's reconstructive nature. He highlights the difficulty in recognizing retrieval errors, both for individuals and juries.

51:59 Eyewitness Testimony and Memory Distortion

Dr. Terrell discusses the implications of memory reconstruction in legal cases, using a self-defense trial as an example. He argues that differing witness accounts do not necessarily indicate dishonesty but rather the reconstructive nature of memory. The presentation emphasizes that memory is influenced by various factors, including attention, context, and post-event information. Dr. Terrell explains that memory is not a static record but a dynamic process that can lead to different interpretations of the same event. He concludes that memory's unreliability must be considered in legal contexts, since it can significantly affect case outcomes.

01:09:41 Photographic Memory and Further Reading

Dr. Terrell discusses the rarity of eidetic memory and its potential impact on memory reconstruction. He explains that eidetic memory is often more distracting than helpful, since it focuses on trivial details. The presentation concludes with recommendations for further reading on memory, including works by Elizabeth Loftus and Dan Schachter. Dr. Terrell emphasizes that memory is a complex and imperfect process, requiring careful consideration in legal contexts.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

New Jersey CLE

Status: Approved

Credits: 1.20 Diversity, Inclusion, and Elimination of Bias

Earn Credit Until: March 25, 2026

North Carolina CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2026

South Carolina CLE

Status: Approved

Credits: 1.00 General

Difficulty: All Levels

Earn Credit Until: December 31, 2025

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

This presentation is approved for one hour of General CLE credit in California, one hour of General CLE credit in North Carolina, and one hour of General CLE credit in South Carolina (all levels). This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. Of these, 1.20 qualify as total hours of credit for Ethics/Professionalism, including 1.20 hours in Diversity, Inclusion, and Elimination of Bias. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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Speaker

Trent Terrell Ph.D.

Since 2010, Dr. Terrell has consulted and testified in criminal cases involving memory. Today he is a nationwide expert focusing on eyewitness identification cases, cases involving delayed outcries of sexual assault, and other cases in which a witness’ recollection of events is in question. As of May 2025, he has consulted in over 300 cases and testified in over 50, including death penalty murder cases and appeals overseen by the Innocence Project of Texas. Read More ›

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