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Remembering as exploration of “absence”: An approach to
“experience” in the context of criminal justice
Kotaro TAKAGI
Aoyama Gakuin University
[email protected]
Ashikaga case
•
The first criminal case in Japan which was
proven to be a false accusation by
retesting of DNA
•
In 2008, a retesting of DNA proved Mr.
Sugaya’s innocence, which also proved his
confession during the interrogation and at
a first trial were a false one.
•
In 1993, as expert witness, we evaluated
the credibility of Mr. Sugaya’s confession
and found stylistic feature of remembering
which suggest he has no experience of the
murder.
In explanations of Mr. Sugaya’s actual experience…
• Frequent use of the verbs involving bodily action
• Description of actions by strict temporal order
• Alternate use of subject noun referring ‘self’ and ‘other’
Excerpt #1
Well, the police officer said `Are you Mr. Sugaya?, so I replied, `Yes,
that's right’. Then, he told me 'Can I take a quick look inside’. So, I then
let him, well, come in the house, and because he told me, `will you
open that up for me,' referring to the closet, I opened it, and then there
was, well, a little box inside. Inside. He told me, the box, `Why don't
you let me take a look at that’, so I took the box and showed it to him,
after that he goes, `now what have we got here’. I said, `These are
goodies for adults,’ next he told me, `I think this toy's for women, so I
said, `it's for men.’ After that he told me, `well then, you can put these
things away now.’
Stylistic discrepancy in description of past event
Stylistic features
Experienced event
Criminal actions
Frequent use of the verbs involving bodily
action
91.0%
82.7%
Description of actions by strict temporal order
86.0%
87.6%
Alternate use of subject noun referring ‘self’
and ‘other’
61.5%
29.8%
Excerpt #2
After I strangled her, then carried her, next, right
there, I uh, you know, sort of did it.
In summary…
• Mr. Sugaya referred others as an active agent in his
explanation of experienced event.
• Mr. Sugaya did not refer the victim as an active agent in his
explanation of criminal act.
Significant stylistic discrepancy in remembering which suggests
Mr. Sugaya has no experience of the murder crime.
Stylistic feature of remembering
•
Repeated and idiosyncratic pattern of action in present
environment
Schema approach
Cognitive approach
Processing
Representation
Processing
Processing
Original event
Representation
Observation #1
Observation #2
Joint remembering approach
Social interaction
?
Original event
Shared representation
Observation
Schema approach
?
Original event
R1
R2
R3
R4
Observations
R5
What is the distinctive features of
remembering as action (=schema) ?
Ecological approach to remembering
(Neisser, 1982)
◯ Remembering as action in present naturalistic
context
◯ Functional approach to remembering
⇔ Representational approach
However, features of remembering as action was
not fully examined
Remembering as exploration of environment (Reed, 1994)
• Perception
• Exploration of environment based on the duality of environment
and self (Gibson, 1979)
• Remembering
• Starts when perception failed (Sasaki, 1996)
• Exploration of environment based on the duality of past and
present
Types of duality in remembering
Existence of object in environment
Patterns of duality
past
present
Recognition
◯
◯
The object existed is still existing
Recall
◯
−
The object existed is absent now
New event
−
◯
The object which was absent exists now
Non-existence
−
−
The object which was absent is still absent
Remembering as “instable” embodied exploratory
action
•
Dynamic posture oriented to “absence” (=past environment)
• Instability of exploration caused by partial discrepancy
between bodily action and current environment
•
Rememberer’s embodied exploratory action is mediated by
various artifacts (signs and tools)
• Instability of exploration caused by the absence of referent in
current environment
•
Rememberer’s embodied exploratory action is observable by
others
• Rememberer and observer can not share “absence” (=past
environment)
• Instability of interaction caused by insufficient joint attention
Schema approach
Environment #1
Perception
Environment #2
Remembering
?
Original event
R1
R2
R3
R4
R5
Embodied explorative action
• Duality of past and present
• Multi-layered instability of action and interaction
Multi-layered instability of action and interaction
?
Original event
Instability of
joint attention
Instability of interaction
Excerpt #1
Well, the police officer said `Are you Mr. Sugaya?, so I replied, `Yes,
that's right’. Then, he told me 'Can I take a quick look inside’. So, I then
let him, well, come in the house, and because he told me, `will you
open that up for me,' referring to the closet, I opened it, and then there
was, well, a little box inside. Inside. He told me, the box, `Why don't
you let me take a look at that’, so I took the box and showed it to him,
after that he goes, `now what have we got here’. I said, `These are
goodies for adults,’ next he told me, `I think this toy's for women, so I
said, `it's for men.’ After that he told me, `well then, you can put these
things away now.’
Excerpt #2
After I strangled her, then carried her, next, right
there, I uh, you know, sort of did it.
Thank you!
[email protected]