Testing Claims of Crime-Related Amnesia

Dissociative Amnesia? It Might be Organic Memory Loss!

This article discusses the possibility of practitioners who mistake organic memory loss for dissociative amnesia. It starts with the case of a young man with complete retrograde amnesia due to a traumatic head injury. Because he did not show any gross neurological abnormalities, a neurologist thought his amnesia had a psychological origin. An extensive neuropsychological examination revealed that the man did have an organic reason for his amnesia. Next, the existence of dissociative memory loss as well as isolated organic retrograde amnesia is considered. While cases of organic memory loss are well-documented, there is hardly any evidence for dissociative amnesia. It is argued that organic memory loss might be mistakenly taken for dissociative amnesia. In line with the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders, practitioners are advised to rule out the possibility of organic memory loss, before diagnosing a patient with dissociative amnesia.

Two Cases of Malingered Crime-Related Amnesia

Amnesia is a frequent claim in major crimes, and it is estimated that the complete or partial absence of memory following a crime ranges from 25% to 50% of total cases. Although some cases may constitute a genuine form of amnesia, due to organic-neurological defects or psychological causes, and possibly combined with a dissociative or repressive coping style after an extreme experience, malingering is still fairly common in offenders. Therefore, one of the main goals in medico-legal proceedings is to find methods to determine the credibility of crime-related amnesia. At present, a number of lie and memory detection techniques can assist the forensic assessment of the reliability of declarative proof, and have been devised and improved over the past century: for example, modern polygraphs, event-related potentials, thermal imaging, functional magnetic resonance imaging, kinematic, and facial analysis. Other ad hoc psychological tests, such as the so-called Symptom Validity Test (SVT) and Performance Validity Test (PVT), as well as the autobiographical Implicit Association Test (aIAT), can also be used. To date, however, there is little evidence or case reports that document their real usefulness in forensic practice. Here, we report two cases of crime-related amnesia, whereby both defendants, who were found guilty of homicide, appeared to exhibit dissociative amnesia but where the application of SVTs, PVTs, and aIAT detected a malingered amnesia.

External and internal influences yield similar memory effects: the role of deception and suggestion

In legal cases, testimonies can become contaminated because of an amalgam of external and internal influences on memory. It is well-established that external influences (e.g., suggestive interviews) can hurt memory. However, less focus has been placed on the impact of internal influences (e.g., lying) on memory. In the current review, we show that the available evidence suggests that both external and internal influences exert similar effects on memory. That is, we review studies showing that suggesting non-occurrences and suggesting non-experiences can lead to omission errors and false memories, respectively. Likewise, these memory effects are also observed when focusing on internal influences. That is, false denials, feigning amnesia and fabrication have been shown to affect memory in terms of forgetting (i.e., omissions) and false memories (i.e., commissions). Also, we show that both external and internal influences can lead to changes in the belief that an event occurred. We argue that in legal cases, triers of fact should concentrate on whether both types of influences might have affected testimonial accuracy in witnesses, victims, and suspects.

Ruling out feigned crime-related amnesia? A response to Acklin (2022)

In a recent paper, Acklin discussed a case of possible amnesia for a murder in terms of neurobiology, psychoanalysis, and personality assessment. Acklin accepted the defendant's claim of amnesia for the crime as genuine. The considerable literature that takes a skeptical view of crime-related amnesia was not cited, and the possibility of feigning or malingering was "ruled out" with a single sentence that does not withstand scrutiny. A review of the literature on feigned amnesia suggests that it may not be possible to rule out malingering even if the best available tools are used: There has been minimal investigation of most validity tests and estimates of base rates of feigned amnesia for a crime vary widely and make estimates of Negative Predictor Power highly unreliable. Although one cannot know from the information presented if Acklin's defendant legitimately experienced amnesia, feigning could not be ruled out using an interview and the test data cited by Acklin. I call for a moratorium on publication of further articles on crime specific amnesia that do not conscientiously examine other potential explanations and do not use current best practices for assessing negative response bias.

A scientometric and descriptive review on the debate about repressed memories and traumatic forgetting

Recent work suggests that the debate surrounding repressed memory and traumatic forgetting continues today. To further investigate this debate, we performed preregistered scientometric analyses on publications on the debate about repressed memory to provide information about its bibliometric evolution. Furthermore, we reviewed these publications to highlight the different positions taken by scholars on this debate. We reviewed 434 publications extracted from Scopus and Web of Science from 1969 to 2022. Our scientometric analyses permitted us to visualize the development of the publications on repressed memories and identify the terminology used to label this phenomenon. We identified three waves of publications (i.e., 1994-2000; 2003-2009; 2012-2021) showing that there is a recent peak of scholarly attention into this topic. 40% of scholars supported the phenomenon of repressed memory while 29% did not. Moreover, although in the last wave of publications, 35% of articles included critical arguments against the existence of repressed memory, a sizable number of publications (21%) supported ideas in favour of repressed memory. Finally, we observed that the term dissociative amnesia is another expression used to refer to the phenomenon. Our results provide additional evidence that the debate on repressed memories (and dissociative amnesia) is far from being over.

More Lies Lead to More Memory Impairments in Daily Life

Previous studies have demonstrated that lying can undermine memory and that its memory-undermining effects could be modulated by the cognitive resources required to tell lies. We extended the investigation of the memory-undermining effect by using a daily life setting in which participants were highly involved in a mock shopping task. Participants were randomly assigned to truth-telling, denying or mixed lying conditions. After finishing the shopping task, participants were told that two people wanted to know about their shopping lists and would ask them some questions in an interview. During the interview, participants were asked whether each of ten items were on the shopping list, five of which were randomly selected from the shopping list, while the other five were not sold in the store. In answering the interview questions, the truth-telling group was asked to respond honestly, the denying group was asked to give denial responses, and the mixed lying group was asked to respond deceptively. Thus, the denying group told five lies and the mixed lying group told ten lies in the interview. The item memory test, source memory test and destination memory test were given in an orderly manner 48 h after the interview. We found that the mixed lying group, rather than the denying group, forgot the lies they told in the interview and mistakenly believed they had lied about something that they had not lied about. Moreover, the mixed lying group retained fewer memories about the person they responded to than the honest group. In addition, participants in the mixed lying group had more non-believed memories than those in the truth-telling group in both item and source memory tests. We conclude that more lies could result in more memory disruptions in daily life.

The Memory-Undermining Effect of Simulated Crime-Related Amnesia and Its Legal Implications: a Review

Pretending to suffer from amnesia for a mock crime has been shown to lead to memory impairments. Specifically, when people are asked to give up their role of simulators, they typically recall fewer crime-relevant details than those who initially confess to a crime. In the current review, we amassed all experimental work on this subject and assessed the characteristics of the memory-undermining effect of simulated amnesia for a crime procedure (i.e., crime stimuli, simulating amnesia instructions, memory tests, and memory outcomes). We specifically focused on the effect that crime-related amnesia claims may have on offenders’ final memory reports. Our review showed that simulators who initially claimed amnesia might paradoxically experience some sort of forgetting pertaining to crime-related information. This issue could likely lead to legal complications that need be taken into account in crime-related amnesia cases.

Believing in dissociative amnesia relates to claiming it: a survey of people's experiences and beliefs about dissociative amnesia

Dissociative amnesia is one of the most controversial categories in the field of psychiatry and clinical psychology. Self-reports of dissociative amnesia in the general population, and beliefs about this topic, have so far not been subjected to empirical scrutiny. Here, we surveyed a sample from the general population (N = 1017), revealing that about a tenth (n = 102) claimed to have experienced dissociative amnesia. Some claims pertained to amnesia for traumatic autobiographical experiences (e.g., sexual assault), while other claims reflected memory loss for experiences that can be regarded as non-traumatic or non-stressful (e.g., dissociative amnesia for an anniversary). Importantly, many participants believed in the existence of dissociative amnesia, and those who claimed dissociative amnesia indicated even more belief in this phenomenon than the rest of the sample. Finally, many participants indicated to have at least once claimed to have feigned memory loss in their life, and that they experienced some form of forgetting when trying to retrieve events for which they lied upon. Overall, our findings suggest that claiming dissociative amnesia goes hand in hand with believing in dissociative amnesia.

Do reminders of the crime reverse the memory-undermining effect of simulating amnesia?

Research shows that simulating amnesia impairs actual memory for a mock crime. Lack of rehearsal has been suggested as the most likely explanation for this finding because feigning amnesia is linked to reduced thinking about the offence. We investigated whether reminders about the crime could reverse the memory-undermining effect of simulation. In two studies, participants watched a video of a violent crime. After, they were asked to either simulate amnesia or confess the crime. During the week between the first and second memory test phase, participants were provided with reminders of the crime in two different modalities. In Study 1 (pilot), participants received frames of the mock crime video via WhatsApp. Findings showed that such reminders did not enhance ex-simulators' memory. In Study 2, participants were asked to put sequences of the mock crime in the right order. This latter modality led to enhanced memory for the offence in simulating participants. Theoretical and practical implications of our findings for the legal field are discussed.

The Detection of Malingered Amnesia: An Approach Involving Multiple Strategies in a Mock Crime

The nature of amnesia in the context of crime has been the subject of a prolonged debate. It is not uncommon that after committing a violent crime, the offender either does not have any memory of the event or recalls it with some gaps in its recollection. A number of studies have been conducted in order to differentiate between simulated and genuine amnesia. The recognition of probable malingering requires several inferential methods. For instance, it typically involves the defendant's medical records, self-reports, the observed behavior, and the results of a comprehensive neuropsychological examination. In addition, a variety of procedures that may detect very specific malingered amnesia in crime have been developed. In this paper, we investigated the efficacy of three techniques, facial thermography, kinematic analysis, and symptom validity testing in detecting malingering of amnesia in crime. Participants were randomly assigned to two different experimental conditions: a group was instructed to simulate amnesia after a mock homicide, and a second group was simply asked to behave honestly after committing the mock homicide. The outcomes show that kinematic analysis and symptom validity testing achieve significant accuracy in detecting feigned amnesia, while thermal imaging does not provide converging evidence. Results are encouraging and may provide a first step towards the application of these procedures in a multimethod approach on crime-specific cases of amnesia.

Retrieval-Induced Forgetting in the Feigning Amnesia for a Crime Paradigm

Previous studies demonstrated that, when asked to honestly provide information about a mock crime, former feigners performed worse than those who were requested to confess to this event. Thus, feigning amnesia for a mock crime undermined genuine memory for the same experience. In the present study, we examined whether retrieval-induced forgetting (RIF) underlies this memory-undermining effect. After watching a mock crime, participants had to feign amnesia or confess to having committed that crime. Feigners were given retrieval practice instructions (i.e., retrieval-practice group) or no further instructions (i.e., control group). Immediately and 1 day later, all participants had to genuinely report what they remembered about the crime. Although simulators in the retrieval-practice group recalled the largest amount of information as a positive consequence of retrieval, the ratio for crucial crime-related details was lower than that exhibited by both simulators who were given no instructions and confessors. These findings suggest that RIF might play a role in forgetting critical information in claims of crime-related amnesia. Theoretical and practical implications will be discussed.