ABSTRACT

It is well known that memory is fallible and can sometimes be highly unreliable. The potential for significant memory errors is inherent in investigative and judicial processes. Yet memory evidence in various forms is, and will continue to be, essential in forensic settings. This chapter focuses on true and false memories relevant to forensic contexts. It discusses how human memory works, how witnesses can make minor and major memory errors such as misremembering aspects of an experienced event, and in some situations, remembering experiencing entire events that did not happen. We explain how these errors can occur as it relates to forensically relevant factors, some of which legal professionals have control over. We end with describing protocols investigative and legal professionals can use to avoid creating false memories in witnesses, preserve memory evidence, and promote quality accounts. We also introduce techniques that may be useful to identify accounts based on false memories.