scholarly journals Consequences of False Memories in Eyewitness Testimony: A Review and Implications for Chinese Legal Practice

2018 ◽  
Vol 1 (1) ◽  
pp. 12
Author(s):  
Jianqin Wang ◽  
Henry Otgaar ◽  
Tom Smeets ◽  
Mark L. Howe ◽  
Harald Merckelbach ◽  
...  
Keyword(s):  
False Memory ◽  
Legal System ◽  
Cognitive Interview ◽  
False Memories ◽  
The United States ◽  
Eyewitness Testimony ◽  
Misleading Information ◽  
Police Investigations ◽  
Wrong Direction ◽  
Legal Consequences

False memories can result in severe legal consequences including the imprisonment of innocent people. False memory in eyewitnesses is the largest factor contributing to miscarriages of justice in the United States. To date, no study has focused on how false memories might play a role in the Chinese legal system. The purpose of this review is to summarize the latest findings on false memory and eyewitness testimony in the literature, and to shed some light on how the Chinese legal system may incorporate these experiences into practice. Overall, false memories of eyewitnesses are generated either by external misleading information or by internal cognitive processes; false memories may guide police investigations in the wrong direction or cause eyewitnesses to misidentify an innocent person as the perpetrator. We conclude that specially designed interview protocols such as the Cognitive Interview, warnings given to eyewitnesses, and blind lineup administration may prevent or lower the risk of false memory occurrence.

Fuzzy-Trace Theory and False Memory

2002 ◽  
Vol 11 (5) ◽  
pp. 164-169 ◽  
Author(s):  
C.J. Brainerd ◽  
V.F. Reyna
Keyword(s):  
Everyday Life ◽  
False Memory ◽  
Traumatic Events ◽  
False Memories ◽  
Developmental Level ◽  
Trace Theory ◽  
Fuzzy Trace Theory ◽  
Small Set ◽  
Legal Consequences

A key problem confronting theories of false memory is that false-memory phenomena are so diverse: Some are characteristic of controlled laboratory tasks, others of everyday life; some occur for traumatic events with legal consequences, others for innocuous events; some are characteristic of one developmental level, others of another developmental level. Fuzzy-trace theory explains false memories via a small set of principles that implement a single representational distinction. Those principles generate new predictions, some of which are counterintuitive.

scholarly journals AKIBAT HUKUM PERATIFIKASIAN PERJANJIAN INTERNASIONAL DI INDONESIA: STUDI KASUS KONVENSI PALERMO 2000

2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Wisnu Aryo Dewanto
Keyword(s):  
United States ◽  
International Law ◽  
Legal System ◽  
Legal Status ◽  
National Level ◽  
The United States ◽  
Legal Practice ◽  
Indonesian Government ◽  
International Obligations ◽  
Legal Consequences

<p><strong><em>A</em></strong><strong><em>bstract</em></strong><strong><em></em></strong></p><p><em>Ratification in</em><em> Indonesia does not have any legal consequences for the application of the treaties at national level.  The reason is that ratification only binds Indonesia as a subject of international law. In comparison, parliamentary approval in the Indonesian context is not the same as the United States Senate’s approval. </em><em>The Indonesian Government signed the Palermo Convention on December 12, 2000 and ratified it on April 20, 2009. The issue discussed here regards the legal status of this Convention.  In the 80’s it was assumed that any treaties ratified or acceded, would ipso facto be enforceable in Indonesia. I argued that Indonesia should be regarded as a state applying the monist approach, which legal practice seems to reject.  I stand for the monist approach especially with regard to the legal status of the 2000 Palermo Convention. In addition I also argue about the importance of differentiating between Indonesia’s international obligations and the issue of direct applicaton of the Convention by national couts.</em></p><p> </p><p align="right"><strong><em>Keywords: </em></strong><strong><em></em></strong></p><em>Ratification, Integration, Implementation, Treaty, Indonesia’s legal system</em>

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.

Questions

2018 ◽  
Author(s):  
James L. Gibson ◽  
Michael J. Nelson
Keyword(s):  
United States ◽  
African Americans ◽  
Supreme Court ◽  
Legal System ◽  
Public Support ◽  
The United States ◽  
Future Research ◽  
White Americans ◽  
Two Factors ◽  
The U.S

We have investigated the differences in support for the U.S. Supreme Court among black, Hispanic, and white Americans, catalogued the variation in African Americans’ group attachments and experiences with legal authorities, and examined how those latter two factors shape individuals’ support for the U.S. Supreme Court, that Court’s decisions, and for their local legal system. We take this opportunity to weave our findings together, taking stock of what we have learned from our analyses and what seem like fruitful paths for future research. In the process, we revisit Positivity Theory. We present a modified version of the theory that we hope will guide future inquiry on public support for courts, both in the United States and abroad.

‘Not bullet proof’: The complex choice not to seek a civil protection order for intimate partner violence

2021 ◽  
Vol 27 (2) ◽  
pp. 173-195
Author(s):  
Jill Theresa Messing ◽  
Meredith E Bagwell-Gray ◽  
Allison Ward-Lasher ◽  
Alesha Durfee
Keyword(s):  
Intimate Partner Violence ◽  
Legal System ◽  
Partner Violence ◽  
Structural Changes ◽  
The United States ◽  
Intimate Partner ◽  
Access To Justice ◽  
System Resource ◽  
Survey Responses ◽  
Protection Order

Protection orders (POs) are one legal system resource available to survivors of intimate partner violence. Many survivors choose not to obtain a PO, yet prior research has not examined the perspectives of these survivors. This study examined the open-ended survey responses ( n = 308) regarding the choice not to obtain a PO by survivors residing in emergency shelters in the United States. Content analysis indicated that many survivors made deliberate decisions to not seek safety through this venue. Survivors indicated that a PO may increase their partner’s violence, identified substantial barriers, evaluated a PO as unnecessary, preferred alternative strategies, were dealing with complex partner dynamics, and chose to protect their loved ones by not seeking a PO. Women with marginalized identities, in particular, indicated that there are multiple costs to seeking interventions within the legal system. Structural changes are needed within the legal system to facilitate access to justice for survivors.

Researching U.S. Federal Law: a Primer

2020 ◽  
Vol 20 (3) ◽  
pp. 158-175
Author(s):  
Marcia Singal Zubrow
Keyword(s):  
United States ◽  
Legal System ◽  
Information Search ◽  
The United States ◽  
Background Information ◽  
Basic Information ◽  
Federal Law ◽  
Search Techniques

AbstractThis article is designed for law librarians based outside the United States. The paper, written by Marcia Zubrow, provides basic information about the United States legal system and its sources. This background foundation to the article is important in understanding how to effectively use the two major U.S. databases, Lexis and Westlaw. The author describes the contents of the two databases within the context of the background information. Search techniques, including advance searching strategies, are described.

scholarly journals Immunizing the Flock: How the Pandemic Court Rewrote Religious Freedom

Laws ◽  
2021 ◽  
Vol 10 (1) ◽  
pp. 12
Author(s):  
Paul Baumgardner
Keyword(s):  
United States ◽  
Supreme Court ◽  
Legal System ◽  
Religious Freedom ◽  
The United States ◽  
Religious Practices ◽  
The Past ◽  
The U.S

When coronavirus began to descend upon the United States, religious freedom advocates across the country sounded the alarm that citizens’ religious practices and institutions were under threat. Although some of the most extreme arguments championed by these advocates were not validated by our legal system, many were. This article explores the underappreciated gains made by religious freedom advocates before the U.S. Supreme Court over the past year. As a result of the “Pandemic Court”, religious freedom in the United States has been rewritten. This promises to radically change the educational, employment, and health prospects of millions of Americans for the rest of the pandemic and long afterwards.

The use and impact of metadata in civil cases

First Monday ◽  
2021 ◽  
Author(s):  
Denise Russo ◽  
Abebe Rorissa
Keyword(s):  
United States ◽  
Social Media ◽  
Legal System ◽  
The United States ◽  
United States Government ◽  
New Era ◽  
Everyday Activities ◽  
States Government ◽  
Civil Cases

This article is one of the first to explore and delve into the legal system, with a focus on the burgeoning use of metadata in civil cases. Although metadata is embedded in all kinds of digital files including text, audio, and image files, as well as many social media and game applications, few understand how both the visible and embedded information is being “mined” (collected) for a myriad of uses by organizations, such as, Google or even the United States government. Consequently, in this paper, we explore the implications of metadata use in civil cases and how it could bring a new era of evidence in litigation, which has huge ramifications for how the average citizen may begin to view their privacy in the course of everyday activities.

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