Abstract

Interest into the area of working memory has increased in recent years. However, there is a lack of empirical exploration regarding how memory contributes directly to forensic investigations. It is suggested a more complete analysis of the nuances involved with working memory is needed in order to bridge the gap between past human behavior and criminogenic outcomes. Practitioners of cognitive, applied, and police psychology have generally asserted that memory is malleable; meaning retrieval outcomes relative to the brain are both delicate and prone to inaccuracies. Yet, the concept of memory has proven to be a staple of the criminal justice system. It is memory that oftentimes serves as the impetus for the advancement of a valid defense to prosecution. Conversely, the accurate, corroborated retrieval of past events can lead to the successful imprisonment of a violent offender. This paper examines the neural bases of memory, and discusses how forensic professionals can enhance the efficacy of retrieval within interview contexts. False and repressed memories will be discussed due to their relevance in criminal investigations. Age considerations and clinical pathology affecting memory will be appraised, as will a section detailing procedural safeguards for practitioners when interviewing involves a memory component.

Highlights

  • This paper examines the neural bases of memory, and discusses how forensic professionals can enhance the efficacy of retrieval within interview contexts

  • It is a journey that both investigator and witness/victim must embark on in order to bring past events to light. This can serve as a cornerstone of placing elements together for a solid homicide case, or the ability to refute allegations of sexual assault in false reporting. It is integral for those involved in criminogenic research, as well as the judicial process, to understand the neural substrates of working memory and its comparative importance to successful outcomes in criminal investigations

  • This discussion does not suggest that every police officer should be a psychologist or physiologist; nor should every psychologist or physiologist assume they are an expert in forensic interviews or criminal investigations

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Summary

Introduction

It is a journey that both investigator and witness/victim must embark on in order to bring past events to light This can serve as a cornerstone of placing elements together for a solid homicide case, or the ability to refute allegations of sexual assault in false reporting. It is integral for those involved in criminogenic research, as well as the judicial process, to understand the neural substrates of working memory and its comparative importance to successful outcomes in criminal investigations. It is suggested the concepts relating to working memory in criminal investigations are subordinate to both cognitive and applied psychological principles

The Neuropsychology of Memory
False Memories and False Confessions
Age Considerations of Recall
Psychopathological Considerations of Recall
Procedural Safeguards in the Forensic Interview
Findings
Conclusion
Full Text
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