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 one hundred years (Binet, 1900). 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 forty 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, 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

Re-evaluating post-conviction disclosure: A case for ‘better late than never’

This article contends that the legal position regarding the scope of post-conviction disclosure duties ought to be revisited. First, it will discuss the leading Supreme Court case on this issue Nunn v Chief Constable of Suffolk Police and will argue that the decision warrants reconsideration as it is grounded in flawed assumptions that cannot be sustained. Second, it will make the case for strengthening the rights of defendants to access material post-trial, particularly in a climate of austerity where more defendants are relying on university projects and other charitable organisations to assist them in appealing against their conviction. Third, the article will suggest that consideration is given to proposals in an ‘Open Justice Charter’ to promote fairness and transparency in the criminal justice system and, furthermore, will suggest that an independent disclosure agency ought to be established to deal with criminal disclosure issues pre and post-trial

Books For Prisoners

Donate your used books to prison libraries in Indiana.https://scholarship.law.nd.edu/ndls_posters/1252/thumbnail.jp

Books For Prisoners

Donate your used books to prison libraries in Indiana.https://scholarship.law.nd.edu/ndls_posters/1252/thumbnail.jp

Books For Prisoners

Donate your used books to prison libraries in Indiana.https://scholarship.law.nd.edu/ndls_posters/1252/thumbnail.jp