Murder must memorise

Abstract

Memory reports usually provide the evidence that is most determinative of guilt or innocence in criminal proceedings-including in the most serious proceedings, capital murder trials. Thus memory research is bedrock science when it comes to the reliability of legal evidence, and expert testimony on such research is a linchpin of just verdicts. This principle is illustrated with a capital murder trial in which several of the most powerful forms of memory distortion were present (e.g., phantom recollections, robust interrogation methods that stimulate false self-incrimination). A key question before the jury, whether to regard the defendant's confession as true or false, turned on a theoretical principle that is used to explain memory distortion in the laboratory, the verbatim-gist distinction, and on research showing that it is possible to create false memories that embody the gist of experience. The scientific testimony focused on instances in which false gist memories had been created under controlled conditions (e.g., of having been lost in a mall, of receiving surgery for a fictitious injury), as well as on real-life examples of false memory for the gist experience (e.g., recovered memories of sexual abuse, alien abduction memories). The defendant was found innocent of capital murder.

Keywords: Capital punishment; False confession; False memory; Fuzzy-trace theory; Interrogation; Verbatim–gist distinction.