Collective Memory Can Be Collective Mess

Generation X received a shock recently when they realized that the Berenstain of the Berenstain Bears – purveyors of life lessons including healthy eating, sharing and stranger danger – is spelled with an a, not an e. 

A large and vocal percentage of those who read these childhood favorites about a family of moral-focused, treehouse-dwelling bears staunchly believe that their surname was Berenstein.  Evidence that in fact it is Berenstain has produced conspiracy theories and talk of a glitch in the matrix and the existence of parallel universes where the names were spelled differently. 

The more accurate explanation is that this is another example of what researcher Fiona Broome dubbed the Mandela Effect.  This phenomenon was described after large groups of people all had very vivid – and very false – memories of Nelson Mandela dying in prison well before his actual passing in 2013 at his home.

These types of collective false memories can also be a factor during a trial, when a majority of jurors remember a piece of testimony or a key demonstrative differently than what actually came out in court.  This is why we believe repetition is so important at trial, since the more a person hears something, the more it’s established as fact.  Also, allowing jurors to take notes and ask questions of witnesses can solidify accurate memories of what is said and shown at trial so that during deliberations, the correct information is disseminated.

To discuss more about how to combat this phenomenon at trial, especially when you expect a case will take many weeks or even months to try, contact Senior Vice President Claire Luna at cluna@juryimpact.net or 714.754.1010.