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Judges and lawyers’ beliefs in repression and dissociative amnesia

Filed under: Sex Abuse / CYF — JohnPotter @ 3:31 pm Thu 14th November 2024

Recently published in the journal Memory:

Full title: Judges and lawyers’ beliefs in repression and dissociative amnesia may imperil justice: further guidance required by Pamela J. Radcliffe & Lawrence Patihis.

Research findings suggest in a proportion of delayed complaints, such testimony can be susceptible to memory distortion.

ABSTRACT

This article examines continuing misunderstanding about memory function especially for trauma, across three UK samples (N = 717).

Delayed allegations of child sexual and physical abuse are prevalent in Western legal systems and often rely upon uncorroborated memory testimony to prove guilt. U.K. legal professionals and jurors typically assess the reliability of such memory recall via common sense, yet decades of scientific research show common sense beliefs often conflict with science.

Recent international surveys show controversial notions of repression and accurate memory recovery remain strongly endorsed. In historical cases, these notions may lead to wrongful convictions.

The current study surveyed the U.K. public, lawyers, and mental health professionals’ beliefs about repression, dissociative amnesia and false memories. Study findings give unique data on judges’ and barristers’ beliefs. Overall, the study findings reinforce international scientists’ concerns of a science – knowledge-gap.

Repression was strongly endorsed by lay, legal and clinical participants (> 78%) as was dissociative amnesia (> 87%). Moreover, suboptimal professional legal education and juror guidance may increase misunderstanding. Correcting beliefs about memory function, and extending the contribution of memory science in the courtroom remains an important quest for cognitive scientists.

Content begins

In twenty-first century Europe and North America, delayed adult complaints of childhood abuse are now commonplace. Decades-old crimes by high-profile individuals continue to dominate headlines. Arguably, a “belief landscape” aided by the #MeToo movement, and increased concern about unrecognised childhood abuse, raises novel and complex forensic challenges for lawyers and psychologists. The justice stakes are high; convictions (rightly) result in punitive prison sentences.

However, delayed complaints are heavily reliant on uncorroborated memory testimony to prove a crime occurred. Research findings suggest in a proportion of delayed complaints, such testimony can be susceptible to memory distortion.

Read full article online here

1 Comment »

  1. I read the persons research, it looks at what people think.
    The truth may be impossible, what is the real % of false memories.
    Important in the study, they are certain you can make memories.
    The dream becomes real, it’s inserted as a memory like others.
    How can you tell what is dreaming, what is created and what is real.

    It’s a question we can all have, think of your childhood memories.
    From the original event, how perfect is your recollection of events.
    How many times has your mind edited it, what version are you on.
    Why can you be certain with memories, you know your versions true.
    Your memory is a strange thing, most are inaccessible to you.
    Then like random you will remember something, but you remember it.
    You don’t have new old memories, if it’s new you made it up.

    I have blanks in my memory, where I know there’s abuse happening.
    I can remember the events, but in my case not the punishment.
    No matter how hard I try, I find my memory has stored nothing.
    If tomorrow I was to remember, it was a memory that didn’t exist.
    If even the event is an edited memory, what of a new memory.
    I may be tricked when I remember, I’ve never remembered it before.
    It’s logical to me then, maybe everyone has some false memories.

    People abused describe a regular memory, always in the background.

    Comment by DJ Ward — Fri 15th November 2024 @ 9:26 pm

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