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Article . 2023 . Peer-reviewed
License: CC 0
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The Mechanisms of Memory and the Federal Rules of Evidence: A Psychological Perspective

Authors: Anne S Yilmaz; Kyros Jijia Shen; John Wixted;

The Mechanisms of Memory and the Federal Rules of Evidence: A Psychological Perspective

Abstract

Eyewitness misidentifications have contributed to many wrongful convictions. However, despite expressing high confidence at trial, many of the eyewitnesses in these cases did otherwise—often correctly providing evidence of innocence—on the first test of uncontaminated memory conducted early in a police investigation. According to a new scientific consensus, it is important to focus on the results of the first test because (1) it provides the most reliable information and (2) the test itself contaminates the witness’s memory for the suspect. Yet the rules that govern the admissibility of evidence place a higher priority on the last test, conducted at the criminal trial, when the witness is under oath and available for cross-examination. We conclude that wrongful convictions that have long been attributed to the unreliability of eyewitness memory often reflect a system that unwittingly prioritizes false memories elicited at trial over true memories elicited early in a police investigation.

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Keywords

Cognitive Psychology, Psychology, Social and Behavioral Sciences, Law, Evidence

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
bronze
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