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This episode is brought to you By ButcherBox if 2026 is your year to feel stronger or simplify dinner, Butcherbox delivers premium protein with no antibiotics or mystery labels. I have received giant steaks and I've also gotten baby back ribs and my kids have already devoured them. I have helped. I can't wait to try all the other delicious meat in the box sent to me by Butcherbox. It is tremendous. For over a decade, Butcherbox has led the industry with meat and seafood that's antibiotic free, hormone free and independently verified. It's a clean, trustworthy protein you want to be eating, especially at the start of a new year. As an exclusive offer, new listeners can get their choice between organic ground beef, chicken breast or ground turkey in every box for a year plus $20 off when you go to butcherbox.com TTD that's right, your choice of organic ground beef, chicken breast or ground turkey in every box for an entire year plus $20 off your first box and free shipping always. That's butcherbox.com TTD don't forget to use our link so they know we sent you. This episode is brought to you by Bombas. People keep asking about 2026 resolutions and sure I have the usual goals. Read More maybe finally master some sort of cooking, but this year there's a new one at the top of my list. Just get comfy. That's where Bombas comes in. I ordered their super soft women's cotton Pima V neck T shirt. I'm wearing it right now and it's perfect for days when I'm running around picking up kids. Like today. You can dress it up or dress it down. It's just such a versatile shirt that works for everything. They also offer the softest base layers that'll have you rethinking your whole wardrobe. Bombas underwear and T shirts are flexible, breathable and buttery smooth. Premium everyday go tos I won't leave the house without plus for every item you purchase, an essential clothing item is donated to someone facing housing insecurity. One purchased, one donated with more than 150 million donations and counting. Head over to bombas.com TTD and use code TTD for 20% off your first purchase. That's B O-M-B-A-S.com TTD code TTD at checkout. You're listening To TED talks daily, where we bring you new ideas to spark your curiosity every day. Hi, I'm your host, Elise hu. What if eyewitness memory is more reliable than we've been told? In this talk, psychologist and memory scientist Jon Wickstead shares new research that shows memory is more nuanced than we may think and that ignoring it at the wrong moments can, and often does put innocent people behind bars. Drawing on real cases, he explains how a witness's first identification before, quote, memory contamination should not be overlooked and that it can offer remarkably reliable insight, potentially reshaping what we can and can't trust.
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Imagine for a moment that you're absolutely certain about the person you saw commit a crime. You're so confident you'd be willing to testify about it under oath in a court of law. Your memory is strong, crystal clear, absolutely unshakable. But now imagine that that same memory, though it feels 100% true, is actually false and could send an innocent person to prison, maybe even to death row. This is the complex and sometimes heartbreaking world of eyewitness memory. But for decades, we've been telling ourselves a story about eyewitness memory that itself may not be entirely true. Most of you have probably heard cautionary tales about how wildly unreliable eyewitness testimony can be. You may have heard about famous cases like the case of Ronald Cotton, where Jennifer Thompson, a rape victim, misidentified him as her attacker, as she would later recall her testimony from his criminal trial. I was absolutely, positively, without a doubt certain that he was the man who raped me when I got on that witness stand, and nobody was going to tell me any different. The jury understandably found her testimony convincing. Cotton was found guilty and sentenced to life in prison. But Ronald Cotton did not rape Jennifer Thompson. Instead, it was a known rapist prowling her neighborhood that night. Cotton spent almost 11 years in prison before DNA testing finally proved his innocence and revealed the identity of the true rapist, a man named Bobby Poole. Jennifer Thompson's testimony was sincere, but her memory was wrong. DNA exoneration cases just like this one involving confident misidentifications have happened literally hundreds of times, leading many to seriously question the reliability of eyewitness memory. But wrongful convictions like these are not the only reason why most people think eyewitness memory is unreliable. For years, scientific research has also painted a damning picture of human memory. Starting in the 1970s, scientists like Elizabeth Loftus began to show how shockingly easy it is to manipulate memory. In groundbreaking studies, she and others implanted false memories in adults of having been lost in a shopping mall as a child, or as having been attacked by a vicious animal. Even though these things never actually happened, findings like these seem to confirm our worst fears. Memories are not like video recordings. They're more like evidence from a crime scene collected by people without gloves, distorting and contaminating it with every touch. This message from science reinforced the message from the wrongful convictions. And the conventional wisdom was set in stone for decades. The legal system should not trust eyewitness memory. It's just too unreliable. But here's where the story takes an unexpected turn. What if the problem is not so much about how unreliable eyewitness memory is because of how easily contamination can create false memories and more about how and when we test the witness's memory? Think about forensic evidence, like DNA or fingerprints. Everybody knows that forensic evidence can be contaminated and end up implicating an innocent person, much like contaminated memory can. But we don't just dismiss forensic evidence for that reason. Instead, we collect it as early as possible in the police investigation before it's contaminated. Why do we do that? It's because reliable information comes from analyzing uncontaminated evidence, not contaminated evidence. And the exact same principle applies to memory evidence collected early before it's contaminated. An eyewitness's memory of whether or not the police suspect is the person who they saw commit the crime can be highly reliable, but only if the witness's memory is uncontaminated, not after it's been contaminated. And scientists now agree that even the first test contaminates the witness's memory. For a given suspect, if the suspect's innocent, for example, it's the first time the witness is seeing his face. And this is happening at a time when the witness is actively thinking about the crime. So even if the witness says no, that's not the guy who did it. This is how the innocent suspect's face first becomes associated with the crime in the witness's memory. That's contamination. You can't keep that from happening, and you can't put the witness's memory back the way it was. So focus on the first uncontaminated memory test early in the police investigation, not the last thoroughly contaminated test that happens at the criminal trial one, two, or even three years later. Unfortunately, courts tend to do the reverse, placing their faith in the last test of memory at trial, while all but ignoring the critical first test. This is a seriously underappreciated problem. Well, with that in mind, let's take a closer look at how the police Conduct that all important first test of a witness's uncontaminated memory. In the days or weeks after a crime, the police might find a suspect, a person who they think may have committed the crime, and they'd like to show them to the witness to see if they have the right guy. They could just hand the suspect's photo to the witness and ask if, is this the guy who did it? The problem is that would be suggestive because it would reveal to the witness who the police think may have committed the crime. To test memory in a less suggestive way, the police will often show the witness a whole set of six photos. It's called a six pack photo lineup. One photo is of the suspect and the others are of similar looking individuals who the police know are innocent. That way, they can still show the suspect's photo to the witness, but without revealing who they think committed the crime. It's a much fair way to test memory, and it becomes fairer still when other recommended practices are followed, such as letting the witness know that the perpetrator who they saw commit the crime may or may not be among these photos. And the officer who's administering these photos to the witness should not even know who the suspect is to avoid unintentionally influencing the witness's choice. When it's done this way, it becomes a pure test of the witness's memory. And this is where things start to get interesting. About 10 years ago, work from my lab, published in strong, high impact scientific journals, first reported that a confident identification of a suspect from an initial photo lineup is highly reliable. Big surprise. Not unreliable. For a scientific field that has spent decades cautioning the legal system about the unreliability of eyewitness memory, these findings were not easy to enthusiastically embrace. But almost all of the recent science finds that an initial confident identification is much more reliable than the field previously thought. Not infallible, of course, but certainly not unreliable. These new scientific findings raise an interesting question about the DNA exoneration cases that I told you about earlier. The ones where we know that on the last test of their memory at the criminal trial, witnesses confidently misidentified an innocent person contributing to a wrongful conviction. The question is, what did those witnesses do the very first time their memory was tested for that same person? And when you look into that, you find they usually did not confidently misidentify the innocent suspect at that time. The problem is, nobody listened to them. Remember Jennifer Thompson? She struggled with the initial photo lineup a few days after the crime, narrowing it down to two Pictures wavering hesitantly between them for literally minutes before finally landing on Ronald Cotton's face and saying, I think it's him. It was an obviously inconclusive identification, full of doubt and indecision. By the time of his criminal trial, after much memory contamination, that her doubts were gone, and she became absolutely, positively, without a doubt certain that Ronald Cotton was the man who raped her. If they had known then what we know now, focus on the first test, where in this case, you find a completely inconclusive identification. It seems likely that Ronald Cotton never would have been wrongfully convicted in the first place. And that's the point. All right, here's where the story takes another interesting turn. On this first test using a photo lineup, witnesses often don't even tentatively identify the suspect the way that Jennifer Thompson tentatively identified Ronald Cotton. Instead, at a time when the witness's memory of the perpetrator is as fresh and strong and uncontaminated as it will ever be, the witness looks at the photos, including the photo of the suspect, and says, none of these guys match my memory of the person who committed the crime. In other words, the witness rejects the lineup, providing clear evidence that the suspect in the lineup is innocent. You see, this is absolutely the key point. The first test of an eyewitness's uncontaminated memory can provide reliable evidence pointing in either direction towards guilt or innocence, depending on how the test turns out. And when the witness rejects the lineup, it provides reliable evidence pointing in the direction of the suspect's innocence. Yet many witnesses who reject an initial photo lineup after their memory becomes contaminated will show up at a criminal trial a year or two later, unaware that their memory is contaminated, and now confidently identify the very same person they initially rejected. Half the time, they don't even remember doing that. It was so long ago. These defendants are often convicted, sentenced to long prison terms, and are now behind bars. And unlike Ronald Cotton, they do not have any DNA evidence to prove their innocence. But what they do have is a new message from the world of memory science that can help to do that. And ironically, in a complete mind flip, it's reliable evidence of innocence from the memory of an eyewitness the first time they were tested. Consider the case of Miguel Solorio. He was arrested in 1998 for murder. But on the first test, four witnesses rejected his photo lineup. Nobody paid any attention to that. More than a year later, two of those same witnesses showed up at his criminal trial and identified him as the shooter. In front of a judge and jury, he was convicted and sentenced to life. In prison without the possibility of parole. Miguel spent 25 years of his life, from age 19 to age 44 behind bars before finally being exonerated in late 2023. With the help of the new science that I'm telling you about today, Focus on the first uncontaminated test. As tragic as Miguel's story is, at least the new science helped to overturn his conviction before he spent his entire life in prison. But others with a similar story remain behind bars as we speak. And some of them, their lives are hanging in the balance. Consider the case of Charles Don Flores. He too was arrested for murder in 1998. There was one witness in this case. On the day of the crime, she told the police that she saw a white male with shoulder length hair go into her neighbor's house shortly before the murder occurred. A couple days later, she goes back to the police station. They hypnotize her. It's always dicey. But she stuck to her story. She said it's a white male with shoulder length hair. The police asked her to make a composite sketch. So she did. Came out to be a white male with shoulder length hair, just like she said. Now, keep in mind, this is very early in the police investigation. This is a time when her memory of the perpetrator is as fresh and strong and uncontaminated as it will ever be. But the police suspected Charles Don Flores, A Hispanic man with short hair, and for some inexplicable reason, put his photo in a photo lineup and showed it to the witness. This is still early in the police investigation. This is the all important first test of a witness's uncontaminated memory for the suspect, Charles Don Flores. The witness looked at this photo lineup, didn't see any white males with shoulder length hair, and quite understandably rejected it, providing clear evidence that Flores is innocent. Fast forward to his criminal trial a year later, and you can probably guess how this story turns out. Now, the witness is more than 100% certain that it was Charles Don Flores she saw go into her neighbor's house on the day of that murder. The jury was convinced he was found guilty and sentenced to death. He's been on death row for more than 25 years, where he remains to this day. And in all those years, no jury even heard what the witness did on the first test of her uncontaminated memory, Much less about the new scientific consensus, emphasizing the importance of focusing on that first test because that's where the reliable information is. So you see, this isn't just an academic exercise it's about exonerating the wrongfully convicted, some of whom are on death row, and about preventing wrongful convictions from happening in the first place. It's about understanding that memory is not an enemy to be distrusted, but a complex tool that, when properly used, can serve the cause of justice. The reforms that need to be made going forward seem pretty clear. Number one, in both police investigations and legal proceedings, prioritize the first test of the witness's uncontaminated memory, because that's where the reliable information is. Number two, at the same time, de emphasize confident suspect identifications made by a witness who earlier rejected that same face, because that likely reflects memory contamination, not the truth. And number three, to get these reforms underway, educate legal professionals, police chiefs, defense attorneys, prosecutors, judges about the new science of eyewitness memory. Over the last couple years, my colleagues and I have been doing just that, reaching out to defense attorneys and prosecutors alike to bring this new understanding to the legal system. We find that, initially at least, defense attorneys are alarmed by this new message because they're uncomfortable with the idea that eyewitness memory can ever be reliable. To them, listening to what an eyewitness has to say, even on the very first test of their uncontaminated memory, is just a recipe for another wrongful conviction. And prosecutors? They're equally alarmed, but for the opposite reason. To them, not listening to a witness who makes a confident suspect identification after previously rejecting that same face sounds like a recipe for letting the guilty walk free. So we've managed to bring both sides of the aisle together in a way, to both the defense and the prosecution. Our new message sounds dangerous, but it's not dangerous. It's just how memory works. To better serve the cause of justice, both sides and all of us have to follow the science by listening to memory when it most reliably speaks the truth. It will become a more just world if we can find a way to do that. Thank you.
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That was Jon Wickstead at TEDx UC San Diego in California in 2025. If you're curious about Ted's curation, find out more at ted.com curationguidelines and that's it for today. TED Talks. D. Lee is part of the TED Audio Collective. This talk was fact checked by the TED research team and produced and edited by our team, Martha Estefanos, Oliver Friedman, Brian Greene, Lucy Little and Tansika Songmar Nivong. This episode was mixed by Christopher Faizy Bogan. Additional support from Emma Tobner and Daniela Balarazo. I'm Elise Hu. I'LL be back tomorrow with a fresh idea for your feed. Thanks for listening.
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Hi, this is Hannah Berner, co host of Giggly Squad. Let's be honest, we've all done things in our lives that may have just followed the crowd. Like drinking matcha, even if you think it tastes like grass. Or pretending skinny jeans were actually comfortable. Have we been doing the same thing with Zero Sugar Cola? Last year, people across America took the Pepsi Challenge. No labels, no bias. Judged on taste alone, 66% of participants agreed. Pepsi Zero Sugar tast better than Coke Zero Sugar and Pepsi Zero Sugar won in every single market. Go out and try Pepsi Zero Sugar today. You deserve taste. You deserve Pepsi.
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