ABSTRACT

This chapter describes the broad-brush review by extracting the main conclusions that can be drawn from the research about memory as evidence and making some specific recommendations concerning the use of memory evidence in the judicial system. It provides guidance for students of all ages who are interested in memory, legal professionals who work in the justice system, and laypeople who may be called upon to adjudicate decisions in the jury room when memory serves as evidence. The chapter describes that there exist some important factors that can assist tiers-of-fact when they are assessing the plausibility of memory reports. It examines the role of memory in those tiers-of-fact who must retain the evidence in memory in order to come up with a fair and just verdict. Moreover, because childhood memories are subject to reactivation and subsequent reconsolidation, processes that can lead to systematic distortion and modification of the original memory trace, such memories may not be particularly accurate.