Why We Should Not Forget about Memory: Illusions of Memory in the Courtroom

When there is no objective evidence (e.g., DNA, photos, or videos), memory-based testimony from witnesses, victims, and suspects plays a central role in the courtroom. In such circumstances, it is imperative that what a person is remembering is an accurate representation of the event in question. However, memories are not literal reproductions of the past and can be contaminated by suggestive questions. When such contamination happens, memories for non-experienced events, better known as false memories, can occur. Such false memories can lead to false accusations and even wrongful convictions. In this chapter, we discuss the central role of memory in the legal arena by explaining how false memories can occur and which precursors can lead to their formation. We argue that the formation of false memories can sometimes be facilitated by incorrect beliefs about memory such as that they can be unconsciously repressed (i.e., repressed memory). Such notions can, for instance, motivate therapists to use memory recovery techniques, potentially fomenting the production of false memories in their clients. We also reflect on several ways to counter the production of false memory and reduce the belief in repressed memory, such as relying on science-based interview protocols and educating therapists on the intricacies of memory.