CHICAGO PERSONAL INJURY ATTORNEY'S TRIAL TIPS: IMPROVING YOUR MEMORY INMPROVES YOUR TRIAL TESTIMONY
Many cases are won or lost by the testimony of a witness. It is less than ideal when the witness is trying to remember dates or events and comes up blank. As a trial lawyer, we know the significance of “lack of memory.” It is used as both a shield and a sword in the courtroom.
Over the last 40 years, psychologists and individuals working to improve memory have found three methods which consistently improved word memory. They are as follows:
1. Imagery. Word memory is assisted by creating an image of what you would like the witness to remember.
2. Elaboration. This is where you have an individual cogitate of associations to help anchor words in their mind.
3. Generation. Memories improve when your witnesses are required to work their minds to generate the target or phrase.
Research has demonstrated that employing these three methods have produced memory improvements of ten percent over simply reading words once.
In a new series of studies published in the Journal of Experimental Psychology: Learning, Memory and Cognition, there is now evidence for a fourth method to enhance word memory. How? Simply by saying the word you want to remember out loud or even “mouthing the word” will improve memory by increasing its distinctiveness. How does this come into play for a trial? If you are working with a witness and want the witness to retain important parts, the key is to identify the right words and have them vocalize the words or “sub-vocalize” them. The more they discuss the words “out loud,” the more successful their memory will be with the key points.
