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Radcliffe PJ, Patihis L. Judges and lawyers' beliefs in repression and dissociative amnesia may imperil justice: further guidance required. Memory 2024; 32:1083-1099. [PMID: 39146469 DOI: 10.1080/09658211.2024.2383311] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 02/28/2024] [Accepted: 07/17/2024] [Indexed: 08/17/2024]
Abstract
This article examines continuing misunderstanding about memory function especially for trauma, across three UK samples (N = 717). Delayed allegations of child sexual and physical abuse are prevalent in Western legal systems and often rely upon uncorroborated memory testimony to prove guilt. U.K. legal professionals and jurors typically assess the reliability of such memory recall via common sense, yet decades of scientific research show common sense beliefs often conflict with science. Recent international surveys show controversial notions of repression and accurate memory recovery remain strongly endorsed. In historical cases, these notions may lead to wrongful convictions. The current study surveyed the U.K. public, lawyers, and mental health professionals' beliefs about repression, dissociative amnesia and false memories. Study findings give unique data on judges' and barristers' beliefs. Overall, the study findings reinforce international scientists' concerns of a science - knowledge-gap. Repression was strongly endorsed by lay, legal and clinical participants (> 78%) as was dissociative amnesia (> 87%). Moreover, suboptimal professional legal education and juror guidance may increase misunderstanding. Correcting beliefs about memory function, and extending the contribution of memory science in the courtroom remains an important quest for cognitive scientists.
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Affiliation(s)
| | - Lawrence Patihis
- Department of Psychology, University of Portsmouth, Portsmouth, UK
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2
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Ikier S, Dönerkayalı C, Halıcı ÖS, Kaymak Gülseren ZA, Göksal H, Akbaş B. When is memory more reliable? Scientific findings, theories, and myths. APPLIED NEUROPSYCHOLOGY. ADULT 2024; 31:77-94. [PMID: 35944506 DOI: 10.1080/23279095.2022.2107928] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 06/15/2023]
Abstract
The question of whether human memory is reliable generated extensive research. Memory is open to reconstruction and false retrieval of unpresented information or unexperienced events. These can create problems in judgments and decisions that rely on memory accuracy. In the case of eyewitness testimony, these problems can result in injustice. Then again, memory is also reliable enough. Information acquisition, processing, and retrieval capacity of our memory made it possible to survive the course of evolution. Our memory also makes it possible to continue our daily lives, most of the time without major problems. In the present review, we suggest that the right question to ask may not be whether memory is reliable, but rather to ask when and under what circumstances memory is more reliable. The review's educational aim is to identify the conditions under which memory is more versus less reliable, and its theoretical aim is to discuss memory reliability. We reviewed the literature on situational, emotional, social, and individual difference variables that affect memory reliability, identified the conditions under which memory is more versus less reliable, summarized these outcomes as easy-to-reach items, and discussed them in the light of major theories. Our discussion also touched upon the differentiation of societal myths about the reliability of memory from scientific findings, since believing in memory myths can also affect the reliability of memory. Awareness of the specific circumstances under which memory is more reliable can lead to the consideration of how much memory can be trusted under those specific circumstances.
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Affiliation(s)
- Simay Ikier
- Department of Psychology, Bahçeşehir University, Istanbul, Turkey
| | | | | | | | - Hilal Göksal
- Department of Psychology, Bahçeşehir University, Istanbul, Turkey
| | - Busenur Akbaş
- Department of Psychology, Bahçeşehir University, Istanbul, Turkey
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3
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Chung KL, Ding IL, Sumampouw NEJ. Police's and victim care officers' beliefs about memory and investigative interviewing with children: Survey findings from Malaysia. APPLIED COGNITIVE PSYCHOLOGY 2022. [DOI: 10.1002/acp.3945] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/11/2022]
Affiliation(s)
- Kai Li Chung
- University of Reading Malaysia
- University of Reading
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Dodier O. L’amnésie dissociative : limites méthodologiques, limites conceptuelles, et explications alternatives. ANNEE PSYCHOLOGIQUE 2021. [DOI: 10.3917/anpsy1.213.0275] [Citation(s) in RCA: 1] [Impact Index Per Article: 0.3] [Reference Citation Analysis] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/14/2022]
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Commane C, Kopelman MD. Memory: what we think the psychiatrist should know in a forensic context. BJPSYCH ADVANCES 2021. [DOI: 10.1192/bja.2020.89] [Citation(s) in RCA: 3] [Impact Index Per Article: 1.0] [Reference Citation Analysis] [Abstract] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/23/2022]
Abstract
SUMMARYThis article offers a selective review of memory and of issues relevant for a psychiatrist thinking about memory in a forensic context. It considers the development of our knowledge of memory, some of the ways in which memory can be erroneous and some evidence that this fallibility may sometimes be overstated. It concludes with a section on good practice in psychiatric assessment and in medico-legal work, looking at memory assessment, malingering/exaggeration and guidance for expert witnesses.
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Abstract
What does science tell us about memory phenomena such as false and repressed memories? This issue is highly pressing as incorrect knowledge about these memory phenomena might contribute to egregious effects in the courtroom such as false accusations of abuse. In the current article, we provide a succinct review of the scientific nature of false and repressed memories. We demonstrate that research has shown that about 30% of tested subjects formed false memories of autobiographical experiences. Furthermore, this empirical work has also revealed that such false memories can even be implanted for negative events and events that allegedly occurred repeatedly. Concerning the controversial topic of repressed memories, we show that plausible alternative explanations exist for why people claim to have forgotten traumatic experiences; explanations that do not require special memory mechanisms such as the unconscious blockage of traumatic memories. Finally, we demonstrate that people continue to believe that unconscious repression of traumatic incidents can exist. Disseminating scientifically articulated knowledge on the functioning of memory to contexts such as the courtroom is necessary as to prevent the occurrence of false accusations and miscarriages of justice.
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Affiliation(s)
- Henry Otgaar
- Faculty of Psychology and Neuroscience, Section Forensic Psychology, Maastricht University, Maastricht, The Netherlands.,Department of Psychology, City University of London, London, UK.,Faculty of Law, Catholic University of Leuven, Leuven, Belgium
| | - Mark L Howe
- Faculty of Psychology and Neuroscience, Section Forensic Psychology, Maastricht University, Maastricht, The Netherlands.,Department of Psychology, City University of London, London, UK
| | - Lawrence Patihis
- Department of Psychology, University of Portsmouth, Portsmouth, UK
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Otgaar H, Howe ML, Patihis L, Merckelbach H, Lynn SJ, Lilienfeld SO, Loftus EF. The Return of the Repressed: The Persistent and Problematic Claims of Long-Forgotten Trauma. PERSPECTIVES ON PSYCHOLOGICAL SCIENCE 2019; 14:1072-1095. [PMID: 31584864 PMCID: PMC6826861 DOI: 10.1177/1745691619862306] [Citation(s) in RCA: 62] [Impact Index Per Article: 12.4] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Download PDF] [Figures] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 12/19/2022]
Abstract
Can purely psychological trauma lead to a complete blockage of autobiographical memories? This long-standing question about the existence of repressed memories has been at the heart of one of the most heated debates in modern psychology. These so-called memory wars originated in the 1990s, and many scholars have assumed that they are over. We demonstrate that this assumption is incorrect and that the controversial issue of repressed memories is alive and well and may even be on the rise. We review converging research and data from legal cases indicating that the topic of repressed memories remains active in clinical, legal, and academic settings. We show that the belief in repressed memories occurs on a nontrivial scale (58%) and appears to have increased among clinical psychologists since the 1990s. We also demonstrate that the scientifically controversial concept of dissociative amnesia, which we argue is a substitute term for memory repression, has gained in popularity. Finally, we review work on the adverse side effects of certain psychotherapeutic techniques, some of which may be linked to the recovery of repressed memories. The memory wars have not vanished. They have continued to endure and contribute to potentially damaging consequences in clinical, legal, and academic contexts.
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Affiliation(s)
- Henry Otgaar
- Faculty of Psychology and Neuroscience, Section of Forensic Psychology, Maastricht University
- Department of Psychology, City, University of London
- Leuvens Institute of Criminology, Faculty of Law, Catholic University of Leuven
| | - Mark L. Howe
- Faculty of Psychology and Neuroscience, Section of Forensic Psychology, Maastricht University
- Department of Psychology, City, University of London
| | | | - Harald Merckelbach
- Faculty of Psychology and Neuroscience, Section of Forensic Psychology, Maastricht University
| | - Steven Jay Lynn
- Laboratory of Consciousness, Cognition, and Psychopathology, Binghamton University
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Dodier O, Patihis L, Payoux M. Reports of recovered memories of childhood abuse in therapy in France. Memory 2019; 27:1283-1298. [PMID: 31389767 DOI: 10.1080/09658211.2019.1652654] [Citation(s) in RCA: 16] [Impact Index Per Article: 3.2] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 12/22/2022]
Abstract
Recovered memories of abuse in therapy are especially controversial if the clients were not aware they were abused before therapy. In the past, such memory recovery has led to legal action, as well as a debate about whether such memories might be repressed, forgotten, or false memories. More than two decades after the height of the controversy, it is unclear to what degree such memories are still recovered today, and to what extent it occurs in France. In our French survey of 1312 participants (Mage = 33; 53% female), 551 reported having done therapy at some point. Of that 551, 33 (6%) indicated they had recovered memories of abuse in therapy that they did not know about before therapy. Sexual abuse was the most commonly reported type that was recovered in therapy (79%). As in past research, discussing the possibility of repressed memories with therapists was associated with reports of recovered memories of abuse. Surprisingly, memory recovery occurred just as much in behavioural and cognitive therapies as it did in therapies focused on trauma. We found recovered memories in a proportion of clients who began therapy recently. Recovered memories in therapy appears to be an ongoing concern in France.
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Affiliation(s)
- Olivier Dodier
- a CNRS, LAPSCO, Université Clermont Auvergne , Clermont-Ferrand , France
| | - Lawrence Patihis
- b Department of Psychology, University of Southern Mississippi , Hattiesburg , MS , USA
| | - Mélany Payoux
- c Laboratoire de Psychologie des Pays de la Loire, Université de Nantes , Nantes , France
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Otgaar H, Muris P, Howe ML, Merckelbach H. What Drives False Memories in Psychopathology? A Case for Associative Activation. Clin Psychol Sci 2017; 5:1048-1069. [PMID: 29170722 PMCID: PMC5665161 DOI: 10.1177/2167702617724424] [Citation(s) in RCA: 25] [Impact Index Per Article: 3.6] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Download PDF] [Figures] [Journal Information] [Submit a Manuscript] [Subscribe] [Scholar Register] [Received: 04/08/2017] [Accepted: 07/12/2017] [Indexed: 11/17/2022]
Abstract
In clinical and court settings, it is imperative to know whether posttraumatic stress disorder (PTSD) and depression may make people susceptible to false memories. We conducted a review of the literature on false memory effects in participants with PTSD, a history of trauma, or depression. When emotional associative material was presented to these groups, their levels of false memory were raised relative to those in relevant comparison groups. This difference did not consistently emerge when neutral or nonassociative material was presented. Our conclusion is supported by a quantitative comparison of effect sizes between studies using emotional associative or neutral, nonassociative material. Our review suggests that individuals with PTSD, a history of trauma, or depression are at risk for producing false memories when they are exposed to information that is related to their knowledge base.
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Affiliation(s)
| | - Peter Muris
- Maastricht University
- Stellenbosch University
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Scoboria A, Wade KA, Lindsay DS, Azad T, Strange D, Ost J, Hyman I. A mega-analysis of memory reports from eight peer-reviewed false memory implantation studies. Memory 2016; 25:146-163. [DOI: 10.1080/09658211.2016.1260747] [Citation(s) in RCA: 49] [Impact Index Per Article: 6.1] [Reference Citation Analysis] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 10/20/2022]
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Andrews B, Brewin CR. False Memories and Free Speech: Is Scientific Debate Being Suppressed? APPLIED COGNITIVE PSYCHOLOGY 2016; 31:45-49. [PMID: 28163370 PMCID: PMC5248650 DOI: 10.1002/acp.3285] [Citation(s) in RCA: 4] [Impact Index Per Article: 0.5] [Reference Citation Analysis] [Abstract] [Track Full Text] [Download PDF] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/25/2022]
Abstract
Commentators have raised important points, including the relative contribution of false beliefs versus false memories and the issue of how findings in the laboratory can be generalized to the real world, which we have addressed here. However, some of the commentaries misrepresent what we said, make criticisms that are unfounded, or imply that our article should not have been published in Applied Cognitive Psychology. We relate these responses to a more general literature on the suppression of unwanted scientific findings and suggest that the study of false memory would be better served by more openness to alternative perspectives. Copyright © 2016 The Authors Applied Cognitive Psychology Published by John Wiley & Sons Ltd
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