scholarly journals Psicologia do Testemunho: dos Primórdios à Atualidade

2021 ◽  
Vol 13 (13) ◽  
pp. 225-246
Author(s):  
Evani Zambon Marques da Silva ◽  
Mariana Stuart Nogueira Braga
Keyword(s):  
False Memories ◽  
Human Person ◽  
Criminal Procedure ◽  
Human Memory ◽  
Scientific Contribution ◽  
Police Station ◽  
Suspect Identification ◽  
Judicial Errors

This paper has the objective to show the scientific contribution of Psychology of Testimony, understanding the phenomenon of false memories, affecting the veracity of the testimonies and the identification of suspect. Thus, the hypothesis to be considered is if the Psychology of Testimony is helpful bringing scientific criteria for the testimony and suspect identification, reducing judicial errors and the condemnation of innocents. The methodology used is based on a bibliographic review. For this purpose, the origin of Psychology of Testimony is described, pointing its main milestones and how the science has been developed with the various experiments and discoveries. It is important to verify how human memory works and what can be expected from it, considering the scope of testimonies being realized at police station and at judicial hearing. The false memories effect is considered as well. Afterward, it is analyzed how the Code of Criminal Procedure considers the testimonies of the victims and witness, besides the suspect identification. It also pursued to demonstrate possible existing distinction between the Code’s rules and the reality, reflecting on potential judicial errors. Finally, based on the Psychology of Testimony and dignity of the human person, there are suggestions related to be the best way to make the victims and witnesses´ testimony, in addition to suspect identification.

scholarly journals False Memories in Native and Foreign Languages

2021 ◽  
Vol 12 ◽  
Author(s):  
Aleksandra Dolgoarshinnaia ◽  
Beatriz Martin-Luengo
Keyword(s):  
Second Language ◽  
Source Monitoring ◽  
False Memories ◽  
Human Memory ◽  
Memory Errors ◽  
Monitoring Task ◽  
Memory Functioning ◽  
Different Types ◽  
Processing Information ◽  
Memory Monitoring

Human memory is prone to memory errors and distortion. Evidence from studies on cognitive functions in bilinguals indicates that they might be prone to different types of memory errors compared to monolinguals; however, the effect of language in false memories is still understudied. Source monitoring processes required for proper memory functioning, presumably, rely on inhibitory control, which is also heavily utilized by bilinguals. Moreover, it is suggested that thinking in a second language leads to more systematic and deliberate reasoning. All these results lead to expect that bilinguals are more analytical when processing information in their second language overcoming some memory errors depending on the language of information. To test this hypothesis, we run a classical misinformation experiment with an explicit source monitoring task with a sample of Russian–English bilinguals. The language of the misinformation presentation did not affect the degree of the misinformation effect between the Russian and English languages. Source monitoring demonstrated an overall higher accuracy for attributions to the English source over the Russian source. Furthermore, analysis on incorrect source attributions showed that when participants misattributed the sources of false information (English or Russian narrative), they favored the Russian source over the not presented condition. Taken together, these results imply that high proficiency in the second language does not affect misinformation and that information processing and memory monitoring in bilinguals can differ depending on the language of the information, which seems to lead to some memory errors and not others.

scholarly journals Constructive memory: past and future

2012 ◽  
Vol 14 (1) ◽  
pp. 7-18 ◽  
Keyword(s):  
Cognitive Processes ◽  
Functional Neuroimaging ◽  
False Memories ◽  
Human Memory ◽  
Memory System ◽  
Relevant Research ◽  
The Past ◽  
Future Events ◽  
Neuroimaging Techniques

Human memory is not a literal reproduction of the past, but instead relies on constructive processes that are sometimes prone to error and distortion. Understanding of constructive memory has accelerated during recent years as a result of research that has linked together its cognitive and neural bases. This article focuses on three aspects of constructive memory that have been the target of recent research: (i) the idea that certain kinds of memory distortions reflect the operation of adaptive cognitive processes that contribute to the efficient functioning of memory; (ii) the role of a constructive memory system in imagining or simulating possible future events; and (iii) differences between true and false memories that have been revealed by functional neuroimaging techniques. The article delineates the theoretical implications of relevant research, and also considers some clinical and applied implications.

Normal false memory

2017 ◽  
Author(s):  
Armin Schnider
Keyword(s):  
False Memory ◽  
Healthy Subjects ◽  
False Memories ◽  
Human Memory ◽  
Eyewitness Testimony

Is it possible to be completely convinced about a memory and yet to err? Yes, it is! Human memory is dynamic and at times falls victim to its own associative power. This chapter examines under what conditions healthy subjects may succumb to false memories and how children differ from adults in their susceptibility to false memory. It looks at how reliable apparently crystal-clear memories called flashbulb memories really are. Under certain conditions, it is even possible to implant entirely invented memories, a notion particularly pertinent in the realm of eyewitness testimony. Normal false memory appears to have different mechanisms than pathological confabulation.

scholarly journals The adaptive nature of false memories is revealed by gist-based distortion of true memories

2018 ◽  
Author(s):  
Timothy F. Brady ◽  
Daniel L. Schacter ◽  
George Alvarez
Keyword(s):  
Bayesian Analysis ◽  
False Memories ◽  
Human Memory ◽  
Memory Systems ◽  
Average Error ◽  
Memory Distortion ◽  
Individual Item ◽  
High Confidence ◽  
Color Memory ◽  
Adaptive Nature

Human memory systems are subject to many imperfections, including memory distortions and the creation of false memories. Here, we demonstrate a case where memory distortion is adaptive, increasing the overall accuracy of memories. Participants viewed multiple real-world objects from a given category (10 airplanes, 10 backpacks…), and later recalled the color of each object. Participants were generally accurate, but even when they remembered having seen an item and remembered its color, they nevertheless reported the color as closer to the average color of its category than it really was. Although participants’ memories were systematically distorted, they were distorted in a way that is consistent with minimizing their average error according to a simple Bayesian analysis. In addition, and consistent with the Bayesian analysis, the bias toward the category center was larger when participant’s had greater uncertainty about the color of an item, but was present in all circumstances -- even when participants remembered an item, remembered its color, and reported high confidence in their color memory. Thus, memory distortion may not always be maladaptive: in some cases, distortion can result from a memory system that optimally combines information in the service of the broader goals of the person. Furthermore, this framework for thinking about memory distortion suggests that false memory can be thought of on a continuum with true memory: the greater uncertainty participants have about an individual item memory, the more they weight their gist memory; with no item information, they weight only their gist memory.

scholarly journals PENGGUNAAN CCTV (CLOSED CIRCUIT TELEVISION) SEBAGAI ALAT BUKTI PETUNJUK DALAM MENGUNGKAP TINDAK PIDANA PENCURIAN KENDARAAN BERMOTOR (Studi Pada Satreskrim Polres Sawahlunto)

2020 ◽  
Vol 2 (3) ◽  
pp. 321-330
Author(s):  
Ardiansyah Rolindo Saputra
Keyword(s):  
Motor Vehicle ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Motor Vehicle Theft ◽  
Vehicle Theft ◽  
Police Station ◽  
Procedural Law ◽  
Procedure Code ◽  
Motorized Vehicles ◽  
Article 5

The position of CCTV according to the ITE and RKUHAP Laws is a legitimate evidence, whereas according to the Criminal Procedure Code the position of CCTV is evidence but there is an expansion in the ITE Law article 5 paragraph (2) which states that electronic information or electronic documents or printouts are extensions of evidence which is valid in accordance with the applicable Procedural Law in Indonesia and the position of CCTV in proving a common crime in the trial is evidence, because the KUHAP does not regulate the position of CCTV as evidence. One of the facilities for using CCTV is the disclosure of criminal acts of motor vehicle theft which are very prevalent in the jurisdiction of the Sawahlunto Regional Police Station. This research is a descriptive analytical study. Adapaun the results of research into motor vehicle theft at the Sawahlunto police Satreskrim, there were 264 cases of theft of motorized vehicles that were revealed and recorded through CCTV from 509 criminal acts of motor vehicle theft that were reported at the Satal Police Headquarters in Sawalunto. The use of CCTV helps investigators to uncover who is the perpetrator of the crime of motor vehicle theft with the help of IT experts who understand CCTV. The elements that meet CCTV as evidence are Article 184 paragraph 1 of the Criminal Procedure Code, CCTV footage can be used as evidence of expansion (which is also strengthened by the Constitutional Court Decision No. 20 / PUU-XIV / 2016 dated September 7, 2016 and Article 5 of the Law ITE) so that CCTV footage can be used as a panel of judges as a guide to ensure the existence of a criminal act. Second, the constraints faced by Sawahlunto District Police Satreskrim investigators in using CCTV as evidence to reveal the crime of motor vehicle theft are maintaining CCTV in the original state, because after data from CCTV was taken, the video was not clearly visible when playing and brought CCTV experts nor can it be fast.

scholarly journals The Epistemology of the Search for Truth in Witness Testimony

nauka.me ◽  
2017 ◽  
pp. 0
Author(s):  
Vladimir Bukhalov
Keyword(s):  
Criminal Procedure ◽  
Legal Culture ◽  
Eyewitness Testimony ◽  
Witness Testimony ◽  
Criminal Process ◽  
History Of ◽  
Judicial Errors

The article highlights the evolution of testimonial evidence, as the legal culture. The history of the search for legal truth is aggravated by the unjust sentences and judicial errors. In the modern criminal process the dilemma of the reliability of eyewitness testimony remains relevant. The author's purpose is to identify gaps and to determine the ways to improve domestic criminal procedure legislation.

scholarly journals Investigation of Unnatural Death

2014 ◽  
Vol 5 (2) ◽  
pp. 34-38 ◽  
Author(s):  
A Barek ◽  
SMT Haque
Keyword(s):  
Cause Of Death ◽  
Criminal Procedure ◽  
Systematic Investigation ◽  
Time Since Death ◽  
Manner Of Death ◽  
Deceased Person ◽  
Police Station ◽  
Medical College ◽  
Death Time ◽  
Unnatural Death

A complete systematic investigation of unnatural death helps the court hugely to give an acceptable judgement. Legal officers like officer-in-charge of a police station, magistrates, witnesses of death circumstances and the forensic pathologists are basically involved in such investigation. Proper and true documentation by investigating officer are necessary. Identification of the deceased person, cause of death, manner of death, mode and mechanism of death, time since death, weapons used to cause the injuries etc. are opined in the investigaiton report as per direction given in the code of criminal procedure. These matters have been discussed in this article. DOI: http://dx.doi.org/10.3329/akmmcj.v5i2.21130 Anwer Khan Modern Medical College Journal Vol. 5, No. 2: July 2014, Pages 34-38

scholarly journals Imagination Reduces False Memories for Everyday Action Sentences: Evidence From Pragmatic Inferences

2021 ◽  
Vol 12 ◽  
Author(s):  
María J. Maraver ◽  
Ana Lapa ◽  
Leonel Garcia-Marques ◽  
Paula Carneiro ◽  
Ana Raposo
Keyword(s):  
Source Monitoring ◽  
False Memories ◽  
Human Memory ◽  
Filler Task ◽  
Facilitation Effect ◽  
Imagination Inflation ◽  
Monitoring Process ◽  
Everyday Action ◽  
The One ◽  
Cinder Block

Human memory can be unreliable, and when reading a sentence with a pragmatic implication, such as “the karate champion hit the cinder block,” people often falsely remember that the karate champion “broke” the cinder block. Yet, research has shown that encoding instructions affect the false memories we form. On the one hand, instructing participants to imagine themselves manipulating the to-be-recalled items increase false memories (imagination inflation effect). But on the other hand, instructions to imagine have reduced false memories in the DRM paradigm (imagination facilitation effect). Here, we explored the effect of imaginal encoding with pragmatic inferences, a way to study false memories for information about everyday actions. Across two experiments, we manipulated imaginal encoding through the instructions given to participants and the after-item filler task (none vs. math operations). In Experiment 1, participants were either assigned to the encoding condition of imagine+no filler; pay attention+math; or memorize+math. In Experiment 2, the encoding instructions (imagine vs. memorize) and the filler task (none vs. math) were compared across four separate conditions. Results from the two experiments showed that imagination instructions lead to better memory, by showing a higher proportion of correct responses and better performance in a memory benefit index. Similarly, a significant reduction of false memories was observed across both experiments, even though a complementary Bayesian analysis only supported this conclusion for Experiment 1. The findings show that imaginal encoding improves memory, suggesting the engagement of a distinctiveness heuristic and source-monitoring process.

scholarly journals FALSAS MEMÓRIAS NO PROCESSO PENAL: A INCIDÊNCIA DE FALSAS MEMÓRIAS NA PROVA TESTEMUNHAL

2020 ◽  
Vol 2 (59) ◽  
pp. 181
Author(s):  
Fábio André GUARAGNNI ◽  
Carolline Mayumi TANAKA
Keyword(s):  
Negative Impact ◽  
False Memories ◽  
Criminal Procedure ◽  
Human Mind ◽  
Criminal Cases ◽  
Criminal Process ◽  
Legal Professionals ◽  
High Incidence ◽  
Deductive Method ◽  
Process Methodology

RESUMO Objetivo: O objetivo do estudo é compreender a capacidade da mente humana de criar falsas memórias e sua influência e incidência na prova testemunhal do processo penal. Aponta para a alta incidência de casos de falsas memórias no processo penal brasileiro. Metodologia: A partir de pesquisa documental, utiliza o método dedutivo para, valendo-se de textos doutrinários, legislativos, jurisprudenciais e constitucionais, extrair conclusões sobre a as falas memórias em depoimentos.Resultado: Apresentam-se algumas medidas capazes de diminuir a presença de falsas memórias em testemunhos durante a instrução, de maneira a minimizar o impacto negativo, na resolução dos casos penais, destas falhas cognitivas usuais que caracterizam os processos mnemônicos.Contribuições: O reconhecimento da relevância do trabalho multidisciplinar nos estudos das falsas memórias, na capacitação dos profissionais de Direito acerca deste aspecto e na integração de profissionais de outras áreas no ambiente do processo criminal. Palavras-chave: Processo penal; prova testemunhal; falsas memórias. ABSTRACT Objective: The objective of the study is to understand the capacity of the human mind to create false memories and its influence and impact on the testimonial evidence of the criminal process. It points to the high incidence of cases of false memories in the Brazilian criminal process. Methodology: Based on documentary research, it is used the deductive method to, based on doctrinal, legislative, jurisprudential and constitutional texts, obtain conclusions about the false memories in testimonies. Result: Some measures are presented to reduce the presence of false memories in testimonies during instruction, in order to minimize the negative impact in the resolution of criminal cases of these usual cognitive flaws that characterize mnemonic processes. Contributions: Recognition of the relevance of multidisciplinary work in the study of false memories, in the training of legal professionals about this aspect and in the integration of professionals from other areas in the criminal process environment. Keywords: Criminal procedure; testimonial evidence; false memories.

Human Memory Systems: A Framework for Understanding Dementia

ASHA Leader ◽  
2007 ◽  
Vol 12 (16) ◽  
pp. 8-11 ◽  
Author(s):  
Nidhi Mahendra ◽  
Allegra Apple
Keyword(s):  
Human Memory ◽  
Memory Systems
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