Work

Fuzzy-Trace Theory, False Memory, and the Law

Year: 2019

Type: article

Abstract: Fuzzy-trace theory (FTT) provides well-researched scientific principles that explain worrisome forms of false memory in the law. False memories are of great legal concern because memory reports are frequently the evidence that determines guilt/innocence and are sometimes the only evidence that crimes have been committed. FTT’s principles reveal errors in commonsense theories that jurors use to judge the credibility of witnesses’ memory reports. This science versus commonsense disconnect is salient in cases involving child witnesses, eyewitness identifications, and confessions. The consequences of this disconnect for justice could be ameliorated by a simple change in federal rules of evidence.

Source: Policy Insights from the Behavioral and Brain Sciences

DOI: 10.1177/2372732218797143

Authors: C. J. Brainerd, Valerie F. Reyna

Institution: Cornell University

Language: English

Topic: Memory Processes and Influences

Subfield: Cognitive Neuroscience

Field: Neuroscience

Domain: Life Sciences

SDG: Peace, justice, and strong institutions

Open Access status: bronze

Funder: Directorate for Social, Behavioral and Economic Sciences