Judges and lawyers’ beliefs in repression and dissociative amnesia may imperil justice: further guidance required

This article examines continuing misunderstanding about memory function especially for trauma, across three UK samples (<i>N</i> = 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.

Authors

Institutions

Publication Details

Journal
Memory
Published
2024-08-15
DOI
https://doi.org/10.1080/09658211.2024.2383311
Citations
6
Primary Topic
Healthcare Decision-Making and Restraints
Type
article
Field-Weighted Citation Impact
3.83

Funders

Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Judges and lawyers’ beliefs in repression and dissociative amnesia may imperil justice: further guidance required

Pamela Radcliffe, Lawrence Patihis
6 citations
Memory
Healthcare Decision-Making and Restraints
3.83
article

Judges and lawyers’ beliefs in repression and dissociative amnesia may imperil justice: further guidance required

Pamela Radcliffe, Lawrence Patihis
article en
6 citations

Abstract

This article examines continuing misunderstanding about memory function especially for trauma, across three UK samples (<i>N</i> = 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.

MemoryVol. 32(8)
University of Portsmouth (GB)
Economic and Social Research Council
Gender equality
Openalex Percentile: Top 7%
Healthcare Decision-Making and Restraints
3.83
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.