Journal Name: MEMORY (ISSN: 0965-8211)
>> Issue: Vol. 21 No. 5, 2013
>> IDS#: 170ON
>> Alert Expires: 10 JAN 2014
>> Number of Articles in Issue: 9 (9 included in this e-mail)
>> Organization ID: c4f3d919329a46768459d3e35b8102e6
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>> Note: Instructions on how to purchase the full text of an article and Thomson Reuters Science Contact information are at the end of the e-mail.
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>>
>>
>> *Pages: 545-546 (Editorial Material)
>> *View Full Record: http://gateway.webofknowledge.com/gateway/Gateway.cgi?GWVersion=2&SrcAuth=Alerting&SrcApp=Alerting&DestApp=CCC&DestLinkType=FullRecord;KeyUT=CCC:000320862800001
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>>
>> Title:
>> Introduction to Special Issue Memory and the law: Insights from case studies
>>
>> Authors:
>> Howe, ML; Conway, MA
>>
>> Source:
>> *MEMORY*, 21 (5):545-546; SI JUL 1 2013
>>
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>>
>>
>> *Pages: 547-555 (Article)
>> *View Full Record: http://gateway.webofknowledge.com/gateway/Gateway.cgi?GWVersion=2&SrcAuth=Alerting&SrcApp=Alerting&DestApp=CCC&DestLinkType=FullRecord;KeyUT=CCC:000320862800002
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>>
>> Title:
>> Murder must memorise
>>
>> Authors:
>> Brainerd, CJ
>>
>> Source:
>> *MEMORY*, 21 (5):547-555; SI JUL 1 2013
>>
>> Abstract:
>> Memory reports usually provide the evidence that is most determinative
>> of guilt or innocence in criminal proceedingsincluding 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.
>>
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>>
>>
>> *Pages: 556-565 (Article)
>> *View Full Record: http://gateway.webofknowledge.com/gateway/Gateway.cgi?GWVersion=2&SrcAuth=Alerting&SrcApp=Alerting&DestApp=CCC&DestLinkType=FullRecord;KeyUT=CCC:000320862800003
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>>
>> Title:
>> Expert testimony in a child sex abuse case: Translating memory development research
>>
>> Authors:
>> Bruck, M; Ceci, SJ
>>
>> Source:
>> *MEMORY*, 21 (5):556-565; SI JUL 1 2013
>>
>> Abstract:
>> In this paper we describe a custody case that centred on allegations of
>> child sexual abuse. A pair of preschool-aged sisters accused their
>> biological father of various sexual acts, though their allegations were
>> made under problematic conditions and were contradicted by other
>> statements they made. In an affidavit written by one of us (MB), we
>> describe the relevant memory development research in the course of
>> presenting the court with a scientific analysis. We find compelling
>> evidence of multiple risk factors in the way the daughters'
>> recollections were elicited. Although the ultimate question of guilt is
>> beyond our purview, our identification of risks was instrumental in the
>> legal system's decision that the children's allegations were not valid.
>> We put this analysis forward as an example of evidence-based testimony
>> in which scientific findings from the memory literature can be used to
>> frame an expert's analysis.
>>
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>>
>>
>> *Pages: 566-575 (Article)
>> *View Full Record: http://gateway.webofknowledge.com/gateway/Gateway.cgi?GWVersion=2&SrcAuth=Alerting&SrcApp=Alerting&DestApp=CCC&DestLinkType=FullRecord;KeyUT=CCC:000320862800004
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>>
>> Title:
>> On being a memory expert witness: Three cases
>>
>> Authors:
>> Conway, MA
>>
>> Source:
>> *MEMORY*, 21 (5):566-575; SI JUL 1 2013
>>
>> Abstract:
>> I describe three legal cases in which I acted as a memory expert
>> witness. The cases contain remarkable accounts of memories. Such
>> memories are by no means unusual in legal cases, are often over
>> retention intervals measured in decades, and contain details the
>> specificity of which is highly unusual. For example, recalling from
>> childhood verbatim conversations, clothes worn by self and others, the
>> weather, actions that at the time could not have been understood,
>> details that could not have been known, precise durations and calendar
>> dates, and much more. I show how our scientific understanding of memory
>> can help courts reach more informed decisions about such fantastical
>> memories and how these memories constitute data that as researchers we
>> should seek to understand.
>>
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>>
>>
>> *Pages: 576-583 (Article)
>> *View Full Record: http://gateway.webofknowledge.com/gateway/Gateway.cgi?GWVersion=2&SrcAuth=Alerting&SrcApp=Alerting&DestApp=CCC&DestLinkType=FullRecord;KeyUT=CCC:000320862800005
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>>
>> Title:
>> Memory lessons from the courtroom: Reflections on being a memory expert on the witness stand
>>
>> Authors:
>> Howe, ML
>>
>> Source:
>> *MEMORY*, 21 (5):576-583; SI JUL 1 2013
>>
>> Abstract:
>> In the first part of this article I describe a variety of cases that I
>> have been involved with that led to my becoming an expert witness. These
>> cases range from questions about children's memory for being raped, to
>> remembering an ear-witnessed murder, to preventing future false
>> memories. In the second part of this article I reflect on some of the
>> remarkable feats of remembering that complainants exhibit in court, ones
>> that contradict much of what the scientific study of memory has shown to
>> be true. Along the way I argue that until this scientific knowledge
>> becomes part of a culture of memory familiar to triers of fact (judges,
>> jurors), police, and laypeople, memory experts will continue to be an
>> inexorable part of the legal process when memory serves as the main or
>> only evidence.
>>
>> ========================================================================
>>
>>
>> *Pages: 584-590 (Article)
>> *View Full Record: http://gateway.webofknowledge.com/gateway/Gateway.cgi?GWVersion=2&SrcAuth=Alerting&SrcApp=Alerting&DestApp=CCC&DestLinkType=FullRecord;KeyUT=CCC:000320862800006
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>>
>> Title:
>> Eyewitness testimony in the Lockerbie bombing case
>>
>> Authors:
>> Loftus, EF
>>
>> Source:
>> *MEMORY*, 21 (5):584-590; SI JUL 1 2013
>>
>> Abstract:
>> It was in 1988 that a Pan Am flight blew up over Lockerbie, Scotland,
>> killing 270 people. A Libyan named Al-Megrahi was convicted of the
>> crime. His conviction was based in large part on the testimony of a
>> single eyewitness, a shopkeeper who identified him as the person who had
>> purchased clothing allegedly packed in the suitcase that contained the
>> explosives that blew up the plane. But careful analysis of the
>> eyewitness evidence leads to suspicions about the accuracy of the
>> evidence. This analysis was presented to the Scottish Criminal Cases
>> Review Commission which concluded that the conviction might have been a
>> miscarriage of justice.
>>
>> ========================================================================
>>
>>
>> *Pages: 591-598 (Article)
>> *View Full Record: http://gateway.webofknowledge.com/gateway/Gateway.cgi?GWVersion=2&SrcAuth=Alerting&SrcApp=Alerting&DestApp=CCC&DestLinkType=FullRecord;KeyUT=CCC:000320862800007
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>>
>> Title:
>> Children's Memory for Their Mother's Murder: Accuracy, Suggestibility, and Resistance to Suggestion
>>
>> Authors:
>> McWilliams, K; Narr, R; Goodman, GS; Ruiz, S; Mendoza, M
>>
>> Source:
>> *MEMORY*, 21 (5):591-598; SI JUL 1 2013
>>
>> Abstract:
>> From its inception, child eyewitness memory research has been guided by
>> dramatic legal cases that turn on the testimony of children. Decades of
>> scientific research reveal that, under many conditions, children can
>> provide veracious accounts of traumatic experiences. Scientific studies
>> also document factors that lead children to make false statements. In
>> this paper we describe a legal case in which children testified about
>> their mother's murder. We discuss factors that may have influenced the
>> accuracy of the children's eyewitness memory. Children's suggestibility
>> and resistance to suggestion are illustrated. Expert testimony, based on
>> scientific research, can aid the trier of fact when children provide
>> crucial evidence in criminal investigations and courtroom trials about
>> tragic events.
>>
>> ========================================================================
>>
>>
>> *Pages: 599-607 (Article)
>> *View Full Record: http://gateway.webofknowledge.com/gateway/Gateway.cgi?GWVersion=2&SrcAuth=Alerting&SrcApp=Alerting&DestApp=CCC&DestLinkType=FullRecord;KeyUT=CCC:000320862800008
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>>
>> Title:
>> Let's use those tests! Evaluations of crime-related amnesia claims
>>
>> Authors:
>> Peters, MJV; van Oorsouw, KIM; Jelicic, M; Merckelbach, H
>>
>> Source:
>> *MEMORY*, 21 (5):599-607; SI JUL 1 2013
>>
>> Abstract:
>> Suspects awaiting trial often claim that they cannot remember important
>> parts of their violent crimes. It is not unusual that forensic experts
>> readily accept such claims and interpret them in terms of dissociative
>> amnesia or, more specifically, a red-out. This interpretation hinges on
>> the assumption that heightened levels of stress implicated in violent
>> crimes interfere with memory. We argue that the notion of red-out is a
>> priori not plausible and that alternative interpretationsprimarily
>> malingering and substance-induced organic amnesiashould be considered
>> and ruled out first before concluding that memory loss is dissociative
>> in nature. We illustrate our point with four cases that superficially
>> have thecontours of red-out tragedies. We believe that, in such cases,
>> neuropsychological tests and/or psychopharmacological information on
>> dose-response relationships can assist forensic experts to exclude
>> malingering or substance-induced amnesia. There is no reason for not
>> using tests and tools from neuropsychology and psychopharmacology.
>>
>> ========================================================================
>>
>>
>> *Pages: 608-617 (Article)
>> *View Full Record: http://gateway.webofknowledge.com/gateway/Gateway.cgi?GWVersion=2&SrcAuth=Alerting&SrcApp=Alerting&DestApp=CCC&DestLinkType=FullRecord;KeyUT=CCC:000320862800009
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>>
>> Title:
>> Misconceptions about childhood sexual abuse and child witnesses: Implications for psychological experts in the courtroom
>>
>> Authors:
>> Zajac, R; Garry, M; London, K; Goodyear-Smith, F; Hayne, H
>>
>> Source:
>> *MEMORY*, 21 (5):608-617; SI JUL 1 2013
>>
>> Abstract:
>> Recent changes to the law in New Zealand have led to a marked increase
>> in experts being called to give evidence in cases of alleged child
>> sexual abuse. Here we outline some of the common misconceptions that are
>> held by expert witnesses in these cases and we review research on
>> patterns of abuse disclosure and retraction, symptoms of abuse, external
>> influences on children's reports, and experts' ability to distinguish
>> true from false reports. We also consider what experts can say about
>> memory that has relevance for these cases. We conclude that many
>> long-held notions of child sexual abuse and children's testimony that
>> make their way into our courtrooms are not supported by empirical
>> research, raising questions about who isand who is notqualified to act
>> as an expert witness.
>>
>>
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