2013
DOI: 10.1038/nn.3294
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Memory and law: what can cognitive neuroscience contribute?

Abstract: 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. 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 fal… Show more

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Cited by 138 publications
(87 citation statements)
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“…Our data show that the quality of reactivation is one mechanism by which retrieval influences memory, and we suggest a link between contextual reinstatement via neural recruitment of the posterior parahippocampal, retrosplenial, and posterior inferior parietal cortices in the enhancement and distortion in later memory. The current study reveals neural mechanisms that support the formation of false memories for naturalistic events experienced in a real-world setting, which has important implications for eyewitness memory and the law (92,93). Indeed, Schacter and Loftus (92) argued that understanding the neural mechanisms of memory reactivation and reconsolidation could provide a foundation for understanding how memories change over time, which in turn could eventually help better understand why eyewitness memories sometimes change in response to repeated questioning.…”
Section: Discussionmentioning
confidence: 70%
See 1 more Smart Citation
“…Our data show that the quality of reactivation is one mechanism by which retrieval influences memory, and we suggest a link between contextual reinstatement via neural recruitment of the posterior parahippocampal, retrosplenial, and posterior inferior parietal cortices in the enhancement and distortion in later memory. The current study reveals neural mechanisms that support the formation of false memories for naturalistic events experienced in a real-world setting, which has important implications for eyewitness memory and the law (92,93). Indeed, Schacter and Loftus (92) argued that understanding the neural mechanisms of memory reactivation and reconsolidation could provide a foundation for understanding how memories change over time, which in turn could eventually help better understand why eyewitness memories sometimes change in response to repeated questioning.…”
Section: Discussionmentioning
confidence: 70%
“…The current study reveals neural mechanisms that support the formation of false memories for naturalistic events experienced in a real-world setting, which has important implications for eyewitness memory and the law (92,93). Indeed, Schacter and Loftus (92) argued that understanding the neural mechanisms of memory reactivation and reconsolidation could provide a foundation for understanding how memories change over time, which in turn could eventually help better understand why eyewitness memories sometimes change in response to repeated questioning. Our findings also fit with an adaptive perspective on memory distortion (6,(20)(21)(22)(23), in which reactivation allows for the incorporation of relevant new information that is essential for the operation of a dynamic memory system, but which comes at the cost of memory distortions.…”
Section: Discussionmentioning
confidence: 70%
“…This process of memory updating, later termed "reconsolidation," was rediscovered in 2000 and shown to be dependent on protein synthesis in the lateral amygdala (Nader et al 2000) or hippocampus depending on the type of memory recalled (Debiec et al 2002). Examples abound in humans that highlight the dramatic instances in which distorted memories of crime scenes, childhood events, and traumatic experiences-often recalled under interrogation in the court of law or during psychotherapy sessions-disrupt both individual well-being and modern jurisprudence (Loftus 2003;Schacter and Loftus 2013). having never been naturally, or exogenously, presented (Johansen et al 2010).…”
Section: Generating False Memories Based On Memory Engram Cellsmentioning
confidence: 99%
“…Three experimental paradigms have been most commonly employed to mimic possible therapy‐inspired distortions to childhood autobiographical memory (Laney & Loftus, 2013; Schacter & Loftus, 2013). In order of the amount of explicit suggestion and apparent corroboration provided to participants, these are the following: imagination inflation studies, in which participants are instructed to repeatedly imagine events that have not occurred; ‘false feedback’ studies, in which participants are given mainly generic false information suggesting they were likely to have experienced an event and memory implantation studies in which the suggested occurrence of the false event is supported by false testimony from an individual's family members or individually doctored photographs.…”
mentioning
confidence: 99%