FALSE MEMORIES IN CRIMINAL PROSECUTION

Abstract

Contrary to common assumptions, memory does not function like a digital recorder, easily replayed and accessed. Recent studies in Neuropsychology demonstrate that this cognitive process is intensely fragile and sensitive. Memories of specific events can be distorted or fabricated through internal and external interference, beyond individual control or awareness. This study aims to outline the causes and effects of false memories, focusing on their impact on Criminal Procedural Law, particularly regarding testimonial evidence. Factors contributing to memory distortions and potential mechanisms to mitigate them will be explored. This research seeks to contribute to the analysis of measures ensuring testimony minimally affected by false memories. The importance of avoiding suggestive questions and external manipulative interventions will be emphasized. This multidisciplinary study employs bibliographic and documentary research, analyzing articles, books, journals, and theses from authors examining the topic, alongside laws governing testimonial evidence and related theories.