The Exonerated Script

It was midnight when Bernice got off work. She was exhausted after a long and terrible day, and just wanted to get home to a hot bath. She was driving down the street, flipping through radio stations, when she pulled up to a stop sign, and saw something weird. A shadowy figure ran up to an idling fruit truck, pushed the delivery man down, grabbed a crate of bananas, and ran off around the corner. Bernice was pretty shaken up, but she made sure the driver was okay, and then called the police, describing the thief as a pale, lanky man, wearing a dark jacket and a baseball cap. She gave the cops her information, and then she went home. A couple days later the police asked her to come down to the station to identify a potential thief--a guy who more or less matched her description, and was found eating a banana early that morning, near the scene of the crime. Although the guy professed innocence, Bernice said it was him, and they locked him up. But at the trial, the defense called a memory expert to the stand, and soon after that, the suspect walked. Today’s lesson may not quite make you an expert worthy of the witness stand, but by the time we’re done, you’ll understand a lot more about how we retrieve memories we think we’ve stored, and why the accused banana thief was set free. [INTRO] We’re all constantly retrieving memories throughout the day-- you’re remembering where you parked your car, or if you fed the cat, or called your mom ‘cause it’s her birthday. You’ll remember from last week that while our implicit memories--like how to talk and ride a bike--are dealt with on a mostly automatic and non-conscious level, our explicit memories--the chronicles of our personal experiences and general knowledge -- often require conscious, effortful work. Bernice had to notice, encode, store, and later consciously retrieve details about the crime she witnessed--what color was the guy’s jacket, what did he look like, what did he steal, and where did he run? It takes a lot of work to retrieve memories from long-term storage, and the truth is, a lot can go wrong along the way. In order to understand all of the many fascinating ways you forget things, we need to talk more about how we remember. Our memories are not like books in the library of your mind. You don’t just pluck a neatly-packaged memory -- about where you left your phone or the hair color of a fruit thief. Instead your memories are more like the spider webs in the dank catacombs of your mind--a series of interconnected associations that link all sorts of diverse things, as bits of information get stuck to other bits of information. Like, maybe Bernice remembers that the night of the crime was chilly with a full moon, and that Beyonce was on the radio, and the fruit truck had plates from California, which is where her grandfather lives. All those bits of information in the web of memory--the weather, the song, the plates--can serve as retrieval cues, kind of like a trail of breadcrumbs leading back to a particular memory. The more retrieval cues you inadvertently, or intentionally, build along the way, the better you can backtrack and find the memory you’re looking for. This way of activating associations non-consciously is called priming, sometimes called “memoryless memory”. It’s how “invisible memories” that you didn’t know you had can awaken old associations. Priming is how you often jog your memory. This kind of recall is sometimes referred to as context-dependent memory. Say you’re reading in bed, and you want to underline a quote, but you don’t have a pen. You get up and go into the other room to find your special light-up Hello Kitty pen, but you get distracted and suddenly you find yourself in the kitchen; you’re like “Why? Why, mind? Why am I in the kitchen? What is here? Why am- there was a rea- and I don’t know but I’m here now and agh!” It’s only when you retrace your steps and return to bed, to the initial context where you read that quote and encoded that first thought of wanting that pen, that the memory comes back. And then you’re like ‘oh, I need to go get the pen. Ugh’ If some memories are context-dependent, others are state-dependent, and also mood-congruent. This just means that our states and our emotions can also serve as retrieval cues. If I had a throbbing headache and a super bad day, I’m more likely to start recalling bad memories, because I’m priming negative associations. But of course if I’m relaxed and jolly, I’m prone to remember happy times, which are prolonging my good mood. Another funny memory-retrieval quirk speaks not to our location or emotions, but to the order in which we receive new information. So, say you make a grocery list in the morning, but a few hours later, you’re at the store, you realize you left it at home. You’d be more likely to recall the first items on the list--bananas and bread--and the last items--pickles and cheese--than anything in the middle. This is known as the serial position effect. This might be because the early words benefited from what’s known as the primacy effect, and made it into your long-term memory because they were rehearsed more. Meanwhile, the last words lingered in the working memory through the recency effect. But those poor middle words, they didn’t benefit from either effect and therefore escaped your brain, which is why you now have no toilet paper, dog food, toothpaste, or cookies. Who forgets cookies? But even with all these tricks and associations, things still go wrong--memory can fail or become distorted, and of course we forget things. Forgetfulness can be as minor as those frustrating moments where you’re like ‘Ah, it’s on the tip of my tongue. It’s the guy, the guy’s got hair, and a face, and, like, shoulders.’ Or as major as Clive Wearing, whose neurological damage made it impossible for him to recall the past or create new memories. Of course, we all forget things, and typically we do it in one of three different ways: We fail to encode it, we fail to retrieve it, or we experience what psychologists call storage decay. Sometimes forgetting something just means it never really got through your encoding process in the first place. I mean, think of all the stuff that’s going around you at any given moment. We only actually notice a fraction of what we sense, and we can only consciously hold so many bits of information in our minds at any given time, so what we fail to notice, we tend to not encode, and thus don't remember. Bernice noticed a dark jacket, Beyonce, and bananas, but she didn’t encode much about the driver, or the color of the thief’s shoes. Then again, even memories that have been encoded are still vulnerable to storage decay, or natural forgetting over time. Interestingly, even though we can forget things pretty quickly, the amount of data that we forget can actually levels off after a while. This means that Bernice would have forgotten about half of what she first noticed from the crime scene a couple days later, but what she still remembered, she’d likely hang on to, because the rate at which we forget tends to plateau. A lot of times forgetting doesn’t mean our memory just faded to black, it means we can’t call it up on demand because of retrieval failure. We all know the common tip-of-the-tongue phenomenon where you feel like you know the name of that weird-looking hard-backed animal that rolls up into ball. It’s kind of cute and weird and I think they get leprosy or something…what is it?! This is where retrieval cues can come in handy. If I say is starts with the letter A, you may suddenly unlock the information--Armadillo! Sometimes these retrieval problems stem from interference from other memories getting in the way, essentially cluttering the brain. Sometimes, old stuff that you’ve learned keeps you from recalling new stuff -- like, if you change one of your passwords, but keep recalling your old one every time you try to log in. That’s called proactive, or forward-acting, interference. The flip side is retroactive, or backward-acting, interference, which happens when new learning gets in the way of recalling old information, like if you start studying Spanish, it may interfere with the French that you’ve already learned. There’s a lot of reconstruction and inferring involved when you try to flesh out a memory, and every time you replay it in your mind, or relate it to a friend, it changes, just a little. So in a way, we’re all sort of perpetually re-writing our pasts. While this is an inevitable part of human nature, it can prove dangerous at times. Misleading information can get incorporated into a memory, and twist the truth - and yes there is an effect for this; it’s called the misinformation effect. American psychologist and memory expert Elizabeth Loftus has spent decades showing how eyewitnesses inadvertently tweak and reconstruct their memories after accidents or crimes. In one experiment, two groups watched a film of a car accident. Those asked how fast the cars were going when they smashed into each other estimated much higher speeds than those who were asked about the cars hitting each other. Smash is the leading word that essentially altered the witnesses’ memories -- so much so that a week later, when both groups were asked if they saw any broken glass, those who heard the word smash were twice as likely to report seeing bits of glass, when in fact, the original film didn’t show any. In Bernice’s case, chances are her memory of the robbery would be altered if the prosecution said the thief assaulted, rather than pushed the driver. This sort of interfering or misleading information may also manifest itself as source misattribution, like when we forget or misrecall the source of a memory. In the case of Bernice, when she saw the suspect in the courtroom, she thought she recognized him from the night of the crime, when in reality, he’d just served her coffee earlier that day. But her memory of the event had probably already been tweaked several times before she even made it into the courtroom. Like she re-lived the tale multiple times, in her own mind or when she told other people about it, and every time she introduced errors, filling in memory gaps with reasonable guesses. Not only that, but we know Bernice was already tired and stressed when she witnessed the event, and we know our emotions can influence both what we remember and what we forget. Because memory is both a reconstruction and a reproduction of past events, we can’t ever really be sure if a memory is real just because it feels real. Elizabeth Loftus knows this. She’s frequently called in to testify against the accuracy of eyewitnesses. In fact, of all the U.S. prisoners who have been exonerated based on DNA evidence presented by Innocence Project, a non-profit legal group, 75 percent of them were convicted by mistaken eyewitnesses. That is a lot of innocent people. Bernice meant well of course, she’s an honest enough lady, but all these factors--the emotion, the retelling, the suggestions of outside sources-- combined with the darkness, the quick glimpse, the passing of time, maybe even the Beyonce, ended up leading to a mistake in the thief’s identification. Turns out the human memory is actually a very fragile thing. We’re all largely the product of the stories that we tell ourselves. If you haven’t forgotten already, today you learned about how our memories are stored in webs of association, aided by retrieval cues and priming, and influenced by context and mood. You also learned how we forget information, how our memories are susceptible to interference and misinformation, and why eyewitnesses are often not as reliable as you might think. Thanks for watching, especially to all of our Subbable subscribers, who make this whole channel possible. To learn how you can keep these lessons coming while earning awesome perks, just go to subbable.com. This episode was written by Kathleen Yale, edited by Blake de Pastino, and our consultant is Dr. Ranjit Bhagwat. Our director and editor is Nicholas Jenkins, the script supervisor is Michael Aranda, who’s also our sound designer, and the graphics team is Thought Café.

About the Registry The National Registry of Exonerations is a project of the Newkirk Center for Science & Society at University of California Irvine, the University of Michigan Law School and Michigan State University College of Law. “The Exonerated,” an affecting new telefilm based on the off-Broadway play devoted to the stories of six people vindicated after wrongfully being sent to prison, reminds us of the simple power. Earle, who spends much time campaigning against the death penalty, is a guest at the latest outing for The Exonerated. The script is based on interviews with some of the 87 innocent people. Elizabeth Loftus knows this. She’s frequently called in to testify against the accuracy of eyewitnesses. In fact, of all the U.S. Prisoners who have been exonerated based on DNA evidence presented by Innocence Project, a non-profit legal group, 75 percent of them were convicted by mistaken eyewitnesses. That is a lot of innocent people. With a few exceptions, each word spoken in this play comes from the pub- lic record — legal documents, court transcripts, letters — ot from an inerviow with an exonerated person, The nanes ofthe exones- ated people are their own; some names of auxiliary cha ve been changed for legal reasons. Sna eaninanta The vast majority of the piece is as ir was said two, five, ten and ‘twenty years ago by the actual participants.

Stanford Report, February 8, 2006Script

By Barbara Palmer

Ray Mickshaw

The Los Angeles theater ensemble the Actors’ Gang will perform The Exonerated on campus Feb. 10-11 at Dinkelspiel Auditorium. The play tells the stories of six exonerated death row inmates.

ExoneratedRay Mickshaw

Brian Powell plays the role of Gary Gauger in a previous production of The Exonerated. Gauger is one of six people whose stories are dramatized in the play.

The idea for the script that would become the award-winning play The Exonerated, which will be performed on campus Feb. 10-11, was sketched out in a series of notes that two young actors, Jessica Blank and Erik Jensen, passed to each another as they sat in the audience at a conference on the death penalty held at Columbia University in 2000.

The conference presented information about death row inmates in Illinois whose confessions had been obtained under torture, which was 'very disturbing from an intellectual point of view,' Blank said. But it wasn't until she and Jensen heard the voice of an inmate, who was calling into the conference from prison, that they became emotionally engaged, Blank recalled. The telephone call lasted only a couple of minutes, but 'we were crying,' she said. 'Everyone in the room was crying.'

Jensen whispered to Blank that the conference was 'fine and good, but the collective group already knew these stories,' Jensen recalled. 'It was preaching to the choir.' So, he wondered, how do you get around the problem of bringing immediacy and emotion to the experiences of the wrongly convicted to audiences who otherwise wouldn't hear it?

Their solution was to bring to the stage the words and the stories of those who had been wrongly sentenced to die. Using contacts provided by organizations including the Center on Wrongful Convictions at Northwestern University School of Law, Blank and Jensen traveled across the country and interviewed dozens of former inmates who had been found innocent and freed by the state after being wrongly convicted and sentenced to death.

Even as they shaped the material they gathered into a script that would become an early version of The Exonerated, 'we literally thought we would be doing it for a few nights in a 90-seat [off-Broadway] theater for some of our friends,' Blank said.

The Exonerated Script Pdf

Instead, the play, which tells the true stories of six exonerated death row inmates, was embraced by a long list of celebrities and has been performed hundreds of times across the country. The play helped start a national conversation about the U.S. criminal justice system, 'one that was really ready to happen,' Blank said.

The Exonerated Script

The conversation will continue this week at Stanford during a weeklong residency of the Los Angeles-based Actors' Gang, which will perform The Exonerated on Friday and Saturday nights. The residency of the theater company—which is under the artistic direction of Tim Robbins, an early supporter of the play—is serving as a fulcrum for a series of workshops and discussions organized by Stanford Lively Arts to explore the role of the arts in social justice. The Actors' Gang residency is part of a new Lively Arts residency program designed to more deeply integrate the arts into campus life and curricula.

The Exonerated Script

Jensen and Actors' Gang members will participate in student workshops about writing documentary plays, the arts and activism, and creating political theater. Public forums scheduled during the residency will bring together artists, scholars and activists to discuss political, ethical, sociological and scientific aspects of wrongful convictions.

'What's consistent throughout will be an examination of the role that the arts play in shaping the issues,' said Michelle Lee, campus residency program manager for Lively Arts. Lee, a playwright who received a Master of Fine Arts degree in drama from Yale University, joined the Lively Arts staff in January. Fl gen 2 usb printer driver download.

The Exonerated Script Pdf

Exonerated

'Historically, there have been many ways in which the theater has addressed politics,' Lee said. But The Exonerated is 'the best example that I personally have ever encountered of the intersection of the arts and social justice.'

The play's most obvious impact came after a special performance held in December 2002 for then-Illinois Gov. George Ryan, said law Professor Lawrence Marshall, who founded Northwestern's Center on Wrongful Convictions. Marshall joined the Stanford Law School faculty last year. 'The evening was very, very pivotal' in a campaign to call attention to wrongful convictions, he said. Three hundred people in the audience were watching the governor, who was clearly moved, watch the play, he added. The following month, Ryan—citing 'the demon of error' in the capital justice system—commuted the sentences of 171 people who were then on death row in Illinois.

'There is something about hearing the stories in the manner that The Exonerated tells them that humanizes the issue and compels one to recognize there are many sides to capital punishment, including the victims of crime and victims of a system that makes errors,' Marshall said.

There is one key point that Marshall hopes won't be lost on the play's audiences, he said. 'As awful as what these six people endured, these people are the lucky ones. These are the ones for whom the evidence of innocence emerged in time.' For every such fortunate one, 'there are several others who are not so fortunate, who linger in prison or who are executed,' he added.

However, the play also has drawn some skeptical reactions. In a Jan. 26 New York Times op-ed, Joshua Marquis, vice president of the National District Attorneys Association, writes: 'Two of the play's six characters (Sonia Jacobs and Kerry Cook) were not exonerated, but were let out of prison after a combined 36 years behind bars when they agreed to plea bargains. A third (Robert Hayes) was unavailable to do publicity tours because he is in prison, having pleaded guilty to another homicide almost identical to the one of which he was acquitted.'

The Exonerated will be performed at 8 p.m. Feb. 10-11 in Dinkelspiel Auditorium. A discussion moderated by Marshall and death row exoneree Gary Gauger, whose story is among those told in the play, will follow the performance.

The Exonerated Script Pdf

Other public events will include:

Feb. 8: Truth and Justice: An Exploration of the Death Penalty. At 12:30 p.m. in Room 290 of the Law School. Debra Satz, associate professor of philosophy and the director of the Program in Ethics and Society, will moderate a panel discussion with Jensen; Marshall; lawyer William Abrams, a lecturer in the Program in Human Biology who is working to overturn convictions of two Alabama death row inmates; Craig Haney, a professor of psychology at the University of California-Santa Cruz; and Lance Lindsey, the executive director of Death Penalty Focus in San Francisco.

Feb. 8: Surviving Justice. At 8 p.m. in Cubberley Auditorium. Dave Eggers and Lola Vollen, co-editors of Surviving Justice: America's Wrongly Convicted and Exonerated, will appear with exonerees Gauger and James Newsome.

The Exonerated Play Script Online

Ticket information for The Exonerated and additional information about public events can by found on the Stanford Lively Arts website at http://livelyarts.stanford.edu. Tickets at $38/$34 for adults and $19/$17 for Stanford students are available at the Stanford Ticket Office or by calling 725-2787.