Judges and lawyers’ beliefs in repression and dissociative amnesia
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.
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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.
