Confabulation can be defined as the unintentional creation of a false or inaccurate memory to compensate for memory gaps or deficits. Although some similarities may exist, the phenomenon of confabulation is distinguishable from other issues like suggestibility, malingering, and delusions. The possibility of confabulation is particularly pernicious in criminal justice settings. Here, self-reported memories play an integral role in the confessions and testimony of suspects, defendants, victims, and eyewitnesses. To raise awareness of this possibility, and protect against its consequences, this article reviews warning signs and risk factors for confabulation, tips on how to communicate with and treat individuals who may be confabulating, and recent research in the area of confabulation. In short, this serves as an introduction to confabulation for legal professionals.
Purpose Persons diagnosed with fetal alcohol spectrum disorder (FASD) are more likely to come into contact with the criminal justice system than general population controls. Although previous survey evidence has suggested that federal district attorneys are limited in their knowledge of the psycholegal impairments presented by defendants with this condition, such research has yet to have been conducted with state-specific public defenders. The paper aims to discuss these issues. Design/methodology/approach The Dillman Total Design Method was used to disseminate an electronic survey to public defenders in Minnesota. The survey included questions designed to measure their knowledge bases on and legal experiences with FASD. Surveys were completed by 135 respondents (nMen=63; nWomen=72) with an average of 16.22 years (SD=11.34) of legal experience. Findings Respondents varied in their knowledge bases on the cognitive impairments, social deficits, and physical complications characteristic of FASD. Less than 20 percent of respondents reported having received training on the psycholegal impairments experienced by individuals diagnosed with FASD from arrest until the start of adjudication, during adjudication, or during incarceration. Over 95 percent of respondents reported that they could benefit from a Continuing Legal Education course on the psycholegal impairments of individuals diagnosed with FASD, and over 90 percent reported that they could benefit from being provided the findings of a screening tool for FASD in their daily practice. Originality/value First survey of state public defenders’ perceptions of FASD.
Confabulation is the creation of false memories in the absence of intentions of deception. Individuals who confabulate have no recognition that the information being relayed to others is fabricated. Confabulating individuals are not intentionally being deceptive and sincerely believe the information they are communicating to be genuine and accurate. Confabulation ranges from small distortions of actual memories to creation of bizarre and unusual memories, often with elaborate detail. Although confabulations can occur in non-impaired populations, the aim of this article is to bring into focus the unique problems associated with this phenomenon and its impact on clients involved in the mental health system. The vividness with which clients describe their memories may convince some mental health professionals into believing the memories are real. Even when the client is presented with information that directly conflicts with their version of events, they will persist in believing their memories are wholly accurate. Mental health professionals must be vigilant about its identification to gather accurate information from a client and to provide optimal treatment strategies. Therefore, this article provides information about confabulation, including its characteristics and etiology, links to psychological and neurological disorders, its impact on others, and considerations for mental health professionals.
Physical and psychological brain disruptions have the ability to impair vital memory functions and processes.
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