The objective of this work is to critically evaluate existing psychological studies about “memory conformity” and to give recommendations to a lawyer who seeks to understand memory conformity; recommendations that may guide him or her on how to handle witnesses who admit having discussed the event after it occurred and before appearing in court.
In many circumstances, court proceedings will involve the testimonies given by witnesses (eye witnesses) who provide the court with facts they observed from the scene. This raises the legal question for the court and lawyers how to value the testimonies within a case in which two witnesses admit that they discussed details of the incident immediately after it occurred.
This paper presents an extensive literature review about memory conformity and an assessment of how it will affect the validity of the witnesses' evidence presented in the courts. The paper concentrates on recent studies and the development of the topic in recent years.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Literature Review
- Discussion
- Recommendations to Lawyer
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This work aims to critically evaluate psychological studies on "memory conformity" and provide recommendations to a lawyer seeking to understand this phenomenon. The paper will review existing literature on memory conformity and assess how it impacts the validity of witness evidence presented in court. The focus is on recent studies and the development of the topic in recent years.
- Memory conformity as a phenomenon where witness memories are influenced by discussions with other witnesses.
- The impact of misleading information provided by co-witnesses on memory accuracy.
- The role of social influences in shaping memories and the potential for social contagion of memory.
- The legal implications of memory conformity and the need for lawyers to understand its effects on witness testimony.
- Recommendations for lawyers on how to handle witnesses who have discussed an event before appearing in court.
Zusammenfassung der Kapitel (Chapter Summaries)
The introduction establishes the legal context of witness testimony and the importance of understanding memory conformity for lawyers. The literature review systematically presents existing studies on memory conformity, including their research methods, designs, and findings. This section explores the phenomenon of memory conformity, highlighting the potential for misinformation to distort memories during co-witness discussions. Studies by Gabbert et al. (2007) and Roediger et al. (2011) are discussed, demonstrating the significant impact of social influences on memory accuracy. The discussion chapter further examines the implications of memory conformity for legal proceedings, emphasizing the need for lawyers to be aware of the potential for memory distortion. The recommendations to lawyer section provides practical advice to lawyers on how to handle witnesses who have discussed an event before appearing in court. This section highlights the importance of understanding the factors that can influence memory accuracy and the potential for memory conformity to affect witness testimony.
Schlüsselwörter (Keywords)
Memory conformity, witness testimony, co-witness discussion, misinformation, social influences, legal implications, forensic practice, memory distortion, post-event information.
- Quote paper
- Anonym (Author), 2016, Co-witness discussion and memory conformity. A critical view and recommendation to a lawyer about affection on memory accuracy, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/342560
