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The fallibility of memory in judicial processes: Lessons from the past and their modern consequences

The capability of adult and child witnesses to accurately recollect events from the past and provide reliable testimony has been hotly debated for more than 100 years. Prominent legal cases of the 1980s and 1990s sparked lengthy debates and important research questions surrounding the fallibility an...

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Detalles Bibliográficos
Autores principales: Howe, Mark L., Knott, Lauren M.
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Routledge 2015
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4409058/
https://www.ncbi.nlm.nih.gov/pubmed/25706242
http://dx.doi.org/10.1080/09658211.2015.1010709
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author Howe, Mark L.
Knott, Lauren M.
author_facet Howe, Mark L.
Knott, Lauren M.
author_sort Howe, Mark L.
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description The capability of adult and child witnesses to accurately recollect events from the past and provide reliable testimony has been hotly debated for more than 100 years. Prominent legal cases of the 1980s and 1990s sparked lengthy debates and important research questions surrounding the fallibility and general reliability of memory. But what lessons have we learned, some 35 years later, about the role of memory in the judicial system? In this review, we focus on what we now know about the consequences of the fallibility of memory for legal proceedings. We present a brief historical overview of false memories that focuses on three critical forensic areas that changed memory research: children as eyewitnesses, historic sexual abuse and eyewitness (mis)identification. We revisit some of the prominent trials of the 1980s and 1990s to not only consider the role false memories have played in judicial decisions, but also to see how this has helped us understand memory today. Finally, we consider the way in which the research on memory (true and false) has been successfully integrated into some courtroom procedures.
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spelling pubmed-44090582015-05-19 The fallibility of memory in judicial processes: Lessons from the past and their modern consequences Howe, Mark L. Knott, Lauren M. Memory Invited Review The capability of adult and child witnesses to accurately recollect events from the past and provide reliable testimony has been hotly debated for more than 100 years. Prominent legal cases of the 1980s and 1990s sparked lengthy debates and important research questions surrounding the fallibility and general reliability of memory. But what lessons have we learned, some 35 years later, about the role of memory in the judicial system? In this review, we focus on what we now know about the consequences of the fallibility of memory for legal proceedings. We present a brief historical overview of false memories that focuses on three critical forensic areas that changed memory research: children as eyewitnesses, historic sexual abuse and eyewitness (mis)identification. We revisit some of the prominent trials of the 1980s and 1990s to not only consider the role false memories have played in judicial decisions, but also to see how this has helped us understand memory today. Finally, we consider the way in which the research on memory (true and false) has been successfully integrated into some courtroom procedures. Routledge 2015-07-04 2015-02-23 /pmc/articles/PMC4409058/ /pubmed/25706242 http://dx.doi.org/10.1080/09658211.2015.1010709 Text en © 2015 The Author(s). Published by Taylor & Francis. http://creativecommons.org/licenses/by-nc-nd/4.0/ This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives License (http://creativecommons.org/Licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited, and is not altered, transformed, or built upon in any way.
spellingShingle Invited Review
Howe, Mark L.
Knott, Lauren M.
The fallibility of memory in judicial processes: Lessons from the past and their modern consequences
title The fallibility of memory in judicial processes: Lessons from the past and their modern consequences
title_full The fallibility of memory in judicial processes: Lessons from the past and their modern consequences
title_fullStr The fallibility of memory in judicial processes: Lessons from the past and their modern consequences
title_full_unstemmed The fallibility of memory in judicial processes: Lessons from the past and their modern consequences
title_short The fallibility of memory in judicial processes: Lessons from the past and their modern consequences
title_sort fallibility of memory in judicial processes: lessons from the past and their modern consequences
topic Invited Review
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4409058/
https://www.ncbi.nlm.nih.gov/pubmed/25706242
http://dx.doi.org/10.1080/09658211.2015.1010709
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