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Amicus Brief: Recovered Memories

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12 pages in length. The judicial system relies solely upon the unadulterated value of eyewitness testimony; when that commitment to justice is compromised, the entire jury-by-trial upon which civilized society depends is cast into permanent disrepair where many innocent people will ultimately suffer for such legal transgression. The use of recovered memories in statements of eyewitnesses is not only askew of the fundamental principles of evidentiary validity but also ignores the very clear research findings that illustrate how detrimental such testimony can be to trial outcome. Bibliography lists 13 sources.

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12 pages (~225 words per page)

File: LM1_TLCrecvrmem.rtf

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many innocent people will ultimately suffer for such legal transgression. The use of recovered memories in statements of eyewitnesses is not only askew of the fundamental principles of evidentiary validity but also ignores the very clear research findings that illustrate how detrimental such testimony can be to trial outcome. Alan D. Gold, President of the Canadian Criminal Lawyers Association, speaks to the wholly inappropriate - if not dishonorable - use of recovered memories in his letter to the Minister of Justice and Attorney General for Canada: ...Professional associations of psychiatrists, psychologists and other mental- health workers in various countries (including Canada) have officially warned that such "memories" are so unreliable in general that their evidential value in any individual case is zero. In fact, great numbers of practitioners in those fields maintain that memory "repression" (an unconscious act, not mere forgetting) does not exist at all, certainly not in the case of serious trauma. But that debate is immaterial to the concerns of the Justice system; real or not, such alleged memories are too readily confused with the results of suggestion and confabulation to have any degree of reliability (Gold, 1998). II. LITERATURE REVIEW Children play an entertaining game of telephone operator, where one child whispers a short story to the next child in line, who then whispers the story - to the best of his or her recollection - to the third child in line. When the last child finally receives the story, it has typically been modified so drastically from the original version that it is wholly unrecognizable, a phenomenon of human nature that speaks to the differing perspectives any two people might have of a single situation. The same holds true with ...

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