Abstract
A recent decision in the United States by the New Jersey Supreme Court has led to improved jury instructions that incorporate psychological research showing that memory does not operate like a video recording. Here we consider how cognitive neuroscience could contribute to addressing memory in the courtroom. We discuss conditions in which neuroimaging can distinguish true and false memories in the laboratory and note reasons to be skeptical about its use in courtroom cases. We also discuss neuroscience research concerning false and imagined memories, misinformation effects and reconsolidation phenomena that may enhance understanding of why memory does not operate like a video recording.
Highlights
A recent decision by the New Jersey Supreme Court has led to improved jury instructions that incorporate psychological research documenting that memory does not operate like a video recording
The case changed the legal standard for assessing eyewitness evidence to produce a better one - one that will more successfully deter inappropriate conduct by law enforcement and will help jurors to better evaluate evidence based on eyewitness memory
As a result of the Henderson case, defendants who can show some evidence of suggestive influences are entitled to a hearing in which all factors that might have a bearing on the eyewitness evidence are explored and weighed
Summary
A recent decision by the New Jersey Supreme Court has led to improved jury instructions that incorporate psychological research documenting that memory does not operate like a video recording. While it is unsurprising that the New Jersey court did not cite neuroscience evidence in its decision and formulation of the new jury instructions, we think that it is important to consider the relation between memory as studied by neuroscience, and memory in the legal context: What contribution – if any – can neuroscience-based research on memory and the brain make to grappling with issues pertaining to memory in the courtroom?
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