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I'd like to tell you about a legal case that I worked on
我想分享一個我曾處理過的法律案件,
involving a man named Steve Titus.
關於一位名叫史帝芬.提多 (Steven Titus) 的男子。
Titus was a restaurant manager.
提多是一家餐廳的經理,
He was 31 years old, he lived in Seattle, Washington,
那時他 31 歲,住在華盛頓西雅圖,
he was engaged to Gretchen,
他和格麗卿 (Gretchen) 訂了婚,
about to be married, she was the love of his life.
即將舉行婚禮,她是他畢生的摯愛。
And one night, the couple went out
有天晚上,兩人外出,
for a romantic restaurant meal.
去餐廳享用浪漫的晚餐,
They were on their way home,
在他們回家的路上,
and they were pulled over by a police officer.
被警察攔了下來。
You see, Titus' car sort of resembled
提多的車有點類似
a car that was driven earlier in the evening
那天傍晚出現的另一部車,
by a man who raped a female hitchhiker,
那台車的司機性侵了搭便車的女子,
and Titus kind of resembled that rapist.
而提多和這名強暴犯長得有點像,
So the police took a picture of Titus,
因此警察拍了一張提多的相片,
they put it in a photo lineup,
把相片放在相冊裡,
they later showed it to the victim,
讓被害人指認。
and she pointed to Titus' photo.
被害人指著提多的照片,
She said, "That one's the closest."
她說:「這個人最像。」
The police and the prosecution proceeded with a trial,
警察和檢察官開始一連串的訊問,
and when Steve Titus was put on trial for rape,
當史帝芬.提多因為性侵案接受審判時,
the rape victim got on the stand
被害人站上證人席,
and said, "I'm absolutely positive that's the man."
她說:「我確定他就是那個男人。」
And Titus was convicted.
因此提多被宣判有罪,
He proclaimed his innocence,
他宣稱自己是無辜的,
his family screamed at the jury,
他的家人對著評審團尖叫,
his fiancée collapsed on the floor sobbing,
未婚妻哭倒在地,
and Titus is taken away to jail.
而提多被送往監獄。
So what would you do at this point?
這個時候你會怎麼做?
What would you do?
你會怎麼做?
Well, Titus lost complete faith in the legal system,
提多不再信任司法制度,
and yet he got an idea.
但他靈光一閃,
He called up the local newspaper,
打電話給當地報社,
he got the interest of an investigative journalist,
引起一位調查記者的興趣。
and that journalist actually found the real rapist,
這名記者後來確實找到了真兇,
a man who ultimately confessed to this rape,
這名男子後來承認犯罪,
a man who was thought to have committed 50 rapes
他被指控犯了 50 起強暴罪,
in that area,
就在那個地區裡,
and when this information was given to the judge,
這個消息傳到法官耳裡,
the judge set Titus free.
法官便釋放了提多。
And really, that's where this case should have ended.
事實上,案子應該就此結束,
It should have been over.
事情應該就停在這裡,
Titus should have thought of this as a horrible year,
提多應該要覺得這一年糟透了,
a year of accusation and trial, but over.
歷經一年的指控和審判,但終於結束了,
It didn't end that way.
但事情並沒有結束,
Titus was so bitter.
提多感到非常痛苦,
He'd lost his job. He couldn't get it back.
他失去了工作,無法復職,
He lost his fiancée.
他失去了未婚妻,
She couldn't put up with his persistent anger.
她無法忍受他毫無止境的怒火,
He lost his entire savings,
他花光了所有積蓄,
and so he decided to file a lawsuit
因此他打算打官司,
against the police and others whom he felt
控告警察和一些人,
were responsible for his suffering.
那些他認為需要為他的苦難負責的人。
And that's when I really started working on this case,
那是我開始接觸這件案子的時間點,
trying to figure out
試著去理解,
how did that victim go from
為何受害者最初的想法,
"That one's the closest"
「那是最像的一個」
to "I'm absolutely positive that's the guy."
變成「絕對是這個傢伙」。
Well, Titus was consumed with his civil case.
提多全神貫注在他的官司上,
He spent every waking moment thinking about it,
他每天一睜開眼就開始思考這件事,
and just days before he was to have his day in court,
就在要上法庭的前幾天,
he woke up in the morning,
他在早上起床時
doubled over in pain,
忍受著雙倍的疼痛,
and died of a stress-related heart attack.
最後死於壓力引起的心臟病,
He was 35 years old.
那時他才 35 歲。
So I was asked to work on Titus' case
因此,我被派來研究提多的案子,
because I'm a psychological scientist.
因為我是心理學家,
I study memory. I've studied memory for decades.
我研究記憶已有數十年之久。
And if I meet somebody on an airplane --
如果在飛機上有人問我
this happened on the way over to Scotland --
──這事才發生在往蘇格蘭的途中──
if I meet somebody on an airplane,
如果我在機上碰到某個人,
and we ask each other, "What do you do? What do you do?"
我們會問彼此:「你做什麼工作?」
and I say "I study memory,"
我說:「我研究記憶。」
they usually want to tell me how they have trouble remembering names,
通常人們會想跟我說他們很難記住名字,
or they've got a relative who's got Alzheimer's
或是他們的親友患有阿茲海默症,
or some kind of memory problem,
或是一些記憶上的問題,
but I have to tell them
但是我必須告訴他們,
I don't study when people forget.
我研究的不是人遺忘了什麼,
I study the opposite: when they remember,
我研究的是相反的事:是人記得了什麼,
when they remember things that didn't happen
他們記得從沒發生過的事,
or remember things that were different
或是他們記得不同的事,
from the way they really were.
和事實不同的事。
I study false memories.
我研究的是錯誤記憶,
Unhappily, Steve Titus is not the only person
不幸的是,史帝芬.提多不是唯一一位
to be convicted based on somebody's false memory.
受到某人錯誤記憶而被指控的人。
In one project in the United States,
美國有一項計畫顯示,
information has been gathered
搜集到的資訊證明
on 300 innocent people,
有 300 名無辜的人,
300 defendants who were convicted of crimes they didn't do.
300 名被告受到莫虛有的指控。
They spent 10, 20, 30 years in prison for these crimes,
他們因為那些罪行, 在監獄裡耗了 10、20、30 年。
and now DNA testing has proven
現在 DNA 鑑定已經證實
that they are actually innocent.
他們其實是無辜的,
And when those cases have been analyzed,
分析那些案子後發現
three quarters of them
其中有 3/4 的人
are due to faulty memory, faulty eyewitness memory.
都是由於錯誤的記憶、 錯誤的指證記憶而被誤判。
Well, why?
為什麼呢?
Like the jurors who convicted those innocent people
就像是陪審團宣告那些無辜的人有罪,
and the jurors who convicted Titus,
陪審團也宣告提多有罪,
many people believe that memory
許多人相信記憶,
works like a recording device.
就像錄影的儀器一樣,
You just record the information,
你只要錄下資訊,
then you call it up and play it back
然後調出檔案就能重播,
when you want to answer questions or identify images.
只要你想要回答問題或是辨別影像。
But decades of work in psychology
但是心理學研究此事數十年,
has shown that this just isn't true.
已顯示了那並非事實。
Our memories are constructive.
我們的記憶是可建構的,
They're reconstructive.
是可以改造的,
Memory works a little bit more like a Wikipedia page:
記憶的運作方式有點像維基百科,
You can go in there and change it, but so can other people.
你可以更改裡面的資訊,但其他人也可以。
I first started studying this constructive memory process
我首次研究這個可建構的記憶過程,
in the 1970s.
是在 1970 年代。
I did my experiments that involved showing people
我的實驗是向許多人展示
simulated crimes and accidents
模擬的犯罪和意外場景,
and asking them questions about what they remember.
然後詢問他們記得什麼。
In one study, we showed people a simulated accident
在一次研究中,我們給受試者看模擬的意外場景,
and we asked people,
然後問他們:
how fast were the cars going when they hit each other?
這兩台車碰撞的時候速度有多快?
And we asked other people,
然後再問其他人:
how fast were the cars going when they smashed into each other?
這兩台車猛烈撞擊的時候速度有多快?
And if we asked the leading "smashed" question,
如果我們用的是「猛烈撞擊」的問句,
the witnesses told us the cars were going faster,
目擊者會回答的車速較快。
and moreover, that leading "smashed" question
如果我們用的是「猛烈撞擊」的問句,
caused people to be more likely to tell us
會讓受試者更傾向回答,
that they saw broken glass in the accident scene
他們在意外場景中看見碎玻璃,
when there wasn't any broken glass at all.
但事實上根本沒有碎玻璃。
In another study, we showed a simulated accident
在另一次的研究,模擬的意外現場中,
where a car went through an intersection with a stop sign,
有一台車穿越有「暫停」標誌的十字路口,
and if we asked a question that insinuated it was a yield sign,
如果我們的問題暗示現場有「禮讓」標誌,
many witnesses told us they remember seeing a yield sign
許多目擊者會回答他們有看到「禮讓」標誌,
at the intersection, not a stop sign.
在十字路口,而不是「暫停」標誌,
And you might be thinking, well, you know,
你可能會想
these are filmed events,
這些只是影片,
they are not particularly stressful.
沒什麼壓力,
Would the same kind of mistakes be made
同樣的錯誤會出現在
with a really stressful event?
讓人有壓力的真實場景嗎?
In a study we published just a few months ago,
幾個月前我們才公佈的一份研究顯示,
we have an answer to this question,
我們找到這個問題的解答,
because what was unusual about this study
因為這份研究和以往不同的是,
is we arranged for people to have a very stressful experience.
我們讓受試者體驗的,是很有壓力的場景。
The subjects in this study
這個研究的實驗對象
were members of the U.S. military
是美國退役軍人,
who were undergoing a harrowing training exercise
他們經歷過非常恐怖的操練演習,
to teach them what it's going to be like for them
讓他們知道如果成為戰俘,
if they are ever captured as prisoners of war.
可能會碰到什麼情形。
And as part of this training exercise,
由於這是操練演習的一部分,
these soldiers are interrogated in an aggressive,
這些土兵被審問時面對的是挑釁的,
hostile, physically abusive fashion for 30 minutes
充滿敵意的身體凌辱,歷時半小時,
and later on they have to try to identify
之後他們要試著指認
the person who conducted that interrogation.
誰是那場審問的指揮者。
And when we feed them suggestive information
當我們暗示他們
that insinuates it's a different person,
那是不一樣的人,
many of them misidentify their interrogator,
大部分的人會指認錯誤的訊問者,
often identifying someone who doesn't even remotely
甚至經常會是和真正的訊問者
resemble the real interrogator.
看起來不太相似的人。
And so what these studies are showing
這份研究顯示,
is that when you feed people misinformation
當你提供給人們錯誤的資訊,
about some experience that they may have had,
是他們可能有過的經驗,
you can distort or contaminate or change their memory.
。你可以扭曲、誤導或改變他們的記憶
Well out there in the real world,
在記憶之外的真實世界中,
misinformation is everywhere.
錯誤的資訊無所不在。
We get misinformation
我們收到錯誤的訊息,
not only if we're questioned in a leading way,
不只是我們被有意地引導詢問,
but if we talk to other witnesses
還有如果其他的證人
who might consciously or inadvertently feed us
在有意無意間透露出
some erroneous information,
一些錯誤的訊息,
or if we see media coverage about some event we might have experienced,
或是我們看到媒體報導 關於我們可能曾有過的經驗,
all of these provide the opportunity
所有這些經驗都會製造機會
for this kind of contamination of our memory.
來誤導我們的記憶。
In the 1990s, we began to see
在 1990 年代,我們開始檢視
an even more extreme kind of memory problem.
更極端的記憶問題。
Some patients were going into therapy with one problem --
有些病人因為某些問題正在接受治療,
maybe they had depression, an eating disorder --
他們可能患有憂鬱症、飲食失調,
and they were coming out of therapy
他們接受治療,
with a different problem.
都是因為不同的問題。
Extreme memories for horrific brutalizations,
針對恐怖殘酷的極端記憶,
sometimes in satanic rituals,
有時候是在極度邪惡的儀式中,
sometimes involving really bizarre and unusual elements.
有時候包含了真的非常奇怪、不尋常的元素,
One woman came out of psychotherapy
有一位女士接受了心理治療,
believing that she'd endured years
因為她相信自己已經
of ritualistic abuse, where she was forced into a pregnancy
忍受多年經常性的虐待,她曾被迫懷孕,
and that the baby was cut from her belly.
而且寶寶從她的肚子被切下來。
But there were no physical scars
但是在她的身上看不出任何疤痕,
or any kind of physical evidence
或是任何身體上的證據
that could have supported her story.
能夠證明她的故事是真的。
And when I began looking into these cases,
當我開始研究這些案件,
I was wondering,
我感到疑惑,
where do these bizarre memories come from?
這些奇怪的記憶究竟從何而來?
And what I found is that most of these situations
我發現大部分的情況
involved some particular form of psychotherapy.
都包含了某種形式的心理治療。
And so I asked,
因此我提出了
were some of the things going on in this psychotherapy --
是否在這種心理治療中發生了什麼事─
like the imagination exercises
例如想像練習,
or dream interpretation,
夢境解析,
or in some cases hypnosis,
或某些案例中的催眠,
or in some cases exposure to false information --
或接收到錯誤訊息─
were these leading these patients
是這些事讓病人
to develop these very bizarre,
產生非常奇怪
unlikely memories?
又不真實的記憶嗎?
And I designed some experiments
因此我設計了一些實驗,
to try to study the processes that were being used
試著研究心理治療使用的療程,
in this psychotherapy so I could study
因此我就能研究
the development of these very rich false memories.
這些大量的錯誤記憶是如何形成的。
In one of the first studies we did,
在早期我們做的某個實驗中,
we used suggestion,
我們使用了暗示,
a method inspired by the psychotherapy we saw in these cases,
在上述案例中運用了這種心理治療法,
we used this kind of suggestion
我們用這種暗示療法
and planted a false memory
植入錯誤的記憶:
that when you were a kid, five or six years old,
當你還是個五、六歲的孩子時,
you were lost in a shopping mall.
你在購物中心走失了,
You were frightened. You were crying.
你很害怕,開始大哭,
You were ultimately rescued by an elderly person
最後有一位大人前來協助,
and reunited with the family.
讓你和家人團聚了。
And we succeeded in planting this memory
我們成功地植入這個記憶,
in the minds of about a quarter of our subjects.
成功植入約 1/4 研究對象的心裡。
And you might be thinking, well,
你可能會想
that's not particularly stressful.
聽起來不太有壓力,
But we and other investigators have planted
但我們和其他研究員也試過植入
rich false memories of things that were
大量錯誤的記憶,
much more unusual and much more stressful.
那些記憶更加不尋常且更有壓力。
So in a study done in Tennessee,
在田納西州有一項研究,
researchers planted the false memory
研究員植入錯誤的記憶,
that when you were a kid, you nearly drowned
讓你誤以為自己還小時曾差點溺死,
and had to be rescued by a life guard.
然後被救生員救了起來。
And in a study done in Canada,
在加拿大有項研究,
researchers planted the false memory
研究員植入錯誤的記憶,
that when you were a kid,
讓你誤以為當你還小的時候
something as awful as being attacked by a vicious animal
發生了某件恐怖的事,
happened to you,
類似被猛獸攻擊一樣恐怖的事,
succeeding with about half of their subjects.
幾乎半數的實驗對象都植入成功。
And in a study done in Italy,
在義大利有項研究,
researchers planted the false memory,
研究員植入錯誤的記憶,
when you were a kid, you witnessed demonic possession.
讓你誤以為當你還小時目擊了邪魔附體。
I do want to add that it might seem
我想補充說明一下,
like we are traumatizing these experimental subjects
這聽起來像是我們以科學之名,
in the name of science,
讓這些實驗對象受到創傷,
but our studies have gone through thorough evaluation
但是我們的研究已通過完整的評估,
by research ethics boards
研究倫理委員會
that have made the decision
曾通過一項決議:
that the temporary discomfort that some
暫時性的不舒適感
of these subjects might experience in these studies
可能會產生在實驗對象身上,
is outweighed by the importance of this problem
但是更重要的是
for understanding memory processes
能夠了解記憶的形成,
and the abuse of memory that is going on
以及了解世界上某些地方
in some places in the world.
正在發生的記憶濫用問題。
Well, to my surprise,
讓我訝異的是,
when I published this work and began to speak out
當我發表這項研究,並開始對外說明
against this particular brand of psychotherapy,
這個和心理治療相違背的特殊情形時,
it created some pretty bad problems for me:
其實讓我惹了一些麻煩:
hostilities, primarily from the repressed memory therapists,
敵意,主要是來自壓抑記憶治療師,
who felt under attack,
他們感到四面受敵,
and by the patients whom they had influenced.
來自那些曾被他們影響的病人,
I had sometimes armed guards at speeches
有時候會有一些警衛在
that I was invited to give,
我受邀的演講現場,
people trying to drum up letter-writing campaigns to get me fired.
有人想利用投書活動讓我丟掉工作,
But probably the worst
但最糟糕的可能是
was I suspected that a woman
我懷疑有位女性
was innocent of abuse
其實是無辜的,
that was being claimed by her grown daughter.
她的成年女兒卻聲稱受她虐待,
She accused her mother of sexual abuse
她指控母親對她性侵,
based on a repressed memory.
而她根據的是受壓抑的記憶,
And this accusing daughter had actually allowed her story
提告的女兒後來還將自己的故事
to be filmed and presented in public places.
拍成電影並公開播放。
I was suspicious of this story,
我懷疑這個故事的真實性,
and so I started to investigate,
因此我開始著手調查,
and eventually found information that convinced me
最後發現了一項證據,讓我相信
that this mother was innocent.
這位母親是無辜的。
I published an exposé on the case,
我公開揭露了這個案件,
and a little while later, the accusing daughter
一陣子過後,那位控告的女兒
filed a lawsuit.
對我提告。
Even though I'd never mentioned her name,
即使我從未說出她的姓名,
she sued me for defamation and invasion of privacy.
她還是控告我誹謗和侵犯隱私權。
And I went through nearly five years
我幾乎花了五年
of dealing with this messy, unpleasant litigation,
處理這個麻煩又不愉快的訴訟,
but finally, finally, it was over and I could really
但是最後終於結束了,我可以真正地
get back to my work.
回到工作崗位上。
In the process, however, I became part
在這整個過程中,雖然我成為
of a disturbing trend in America
美國的亂源之一,
where scientists are being sued
在國內,科學家會被控告,
for simply speaking out on matters of great public controversy.
只因為他們說出和主流社會認知不同的事情。
When I got back to my work, I asked this question:
當我回到工作後,我問了這個問題:
if I plant a false memory in your mind,
如果我在你的心裡植入錯誤的記憶
does it have repercussions?
會有影響嗎?
Does it affect your later thoughts,
那會影響你未來的思想
your later behaviors?
和將來的行為嗎?
Our first study planted a false memory
我們的首次研究報告植入了錯誤的記憶,
that you got sick as a child eating certain foods:
讓你認為你小時候生了病,是因為吃了特定食物:
hard-boiled eggs, dill pickles, strawberry ice cream.
水煮蛋、酸黃瓜、草莓冰淇淋。
And we found that once we planted this false memory,
我們發現只要植入這個錯誤的記憶,
people didn't want to eat the foods as much
受試者就不會那麼想吃這些食物,
at an outdoor picnic.
在戶外野餐的時候。
The false memories aren't necessarily bad or unpleasant.
錯誤的記憶不一定是不好或是不愉快的。
If we planted a warm, fuzzy memory
如果我植入了一個溫暖、舒適的記憶
involving a healthy food like asparagus,
與蘆筍這類健康食物有關,
we could get people to want to eat asparagus more.
就能讓大家多吃一點蘆筍。
And so what these studies are showing
這些研究報告顯示,
is that you can plant false memories
你能夠植入錯誤的記憶,
and they have repercussions
而且這些記憶會造成影響,
that affect behavior long after the memories take hold.
只要記憶已形成,就會影響行為。
Well, along with this ability
由於這個可能性,
to plant memories and control behavior
植入記憶和控制行為的能力
obviously come some important ethical issues,
顯然有很大的道德問題,
like, when should we use this mind technology?
比如說,我們什麼時候可以用這項心智科技?
And should we ever ban its use?
我們是否應該禁止使用這項能力?
Therapists can't ethically plant false memories
在道德上,治療師不能將錯誤的記憶
in the mind of their patients
植入病人的心裡,
even if it would help the patient,
即使這麼做可以幫助病人,
but there's nothing to stop a parent
但是卻沒有辦法阻止家長
from trying this out on their overweight or obese teenager.
讓他們過重或肥胖的 青少年孩子嘗試這個方式。
And when I suggested this publicly,
當我公開建議這件事,
it created an outcry again.
又再次引發強烈的抗議,
"There she goes. She's advocating that parents lie to their children."
「她又來了,她鼓勵家長對孩子說謊。」
Hello, Santa Claus. (Laughter)
哈囉!聖誕老公公(笑聲)。
I mean, another way to think about this is,
我的意思是,換個方式思考這件事,
which would you rather have,
用你不曾有過的想法,
a kid with obesity, diabetes, shortened lifespan,
你希望孩子有肥胖、糖尿病、提早面臨死亡,
all the things that go with it,
或是其它相關問題,
or a kid with one little extra bit of false memory?
還是只有一點錯誤記憶的孩子?
I know what I would choose for a kid of mine.
我知道我會怎麼為自己的孩子選擇,
But maybe my work has made me different from most people.
但也許我的工作讓我有不同於大眾的思維。
Most people cherish their memories,
大部分的人很珍惜自己的記憶,
know that they represent their identity,
他們知道那象徵著身分,
who they are, where they came from.
他們是誰,來自何方。
And I appreciate that. I feel that way too.
我認同,我也這麼想。
But I know from my work
但是從我的工作中
how much fiction is already in there.
有多少幻象早已存在那裡。
If I've learned anything from these decades
這幾十年來我已經了解
of working on these problems, it's this:
要如何解決這些問題,那就是:
just because somebody tells you something
只因為有人告訴你某件事,
and they say it with confidence,
而且他們很確信的告訴你,
just because they say it with lots of detail,
只因為他們說了很多細節,
just because they express emotion when they say it,
只因為他們在說的時候帶有情緒,
it doesn't mean that it really happened.
並不代表這件事真的發生過。
We can't reliably distinguish true memories from false memories.
我們無法確實地分辨真實與錯誤的記憶,
We need independent corroboration.
我們必須自己證實。
Such a discovery has made me more tolerant
這個發現讓我更能忍受
of the everyday memory mistakes
每天面對記憶錯誤,
that my friends and family members make.
尤其是親友所犯下的記憶錯誤。
Such a discovery might have saved Steve Titus,
這個發現也許能在當時拯救史帝芬.提多,
the man whose whole future was snatched away
那個未來人生都被抹殺的男子,
by a false memory.
只因為一個錯誤的記憶。
But meanwhile, we should all keep in mind,
但同時,我們都應該牢記,
we'd do well to,
我們最好記得,
that memory, like liberty,
記憶,就像是自由,
is a fragile thing.
是非常脆弱的。
Thank you. Thank you.
謝謝,謝謝。
Thank you. (Applause)
謝謝(掌聲),
Thanks very much. (Applause)
非常感謝(掌聲)。