Legal Implications of False Memories in Children Essay

Legal Implications of False Memories in Children - Essay Examples account matches the other childrens testimony Might there be just about truth in these testimonies that he judges and lawyers be overlookingOrganizations such as the the False Memory Syndrome Foundation have continually stuck to the premise that whatever repositing generated as a result of therapy is based on a lie and should be classified as unintentional lying because the therapist generate it suggested it or guided it. They further separate that as part of their training psychiatrists are taught mind control techniques therefore they can implant a memory that was not there and the judges or lawyers would not be able to know the truth when the patient testifies. (Murphy 1997)For most advocates the best vindication strategy against these cases is normally to claim the memories of trauma are all in the victims head. With the revelation of this research, defense lawyers can now cite the study. They can then move to file pre-trial motions contend the reliability of the testimony based on recovered memories hence dismiss its admissibility in court. These motions should be filed early enough so as to dismiss and discover for summary judgment. The defense can also seek to offer its own expert opinion based on this scientific study to the plaintiffs scientific theories that the wizard can avoid or repress traumatic information and remember it later. The defense will further seek to bring forth evidence from make and unpublished studies purporting to demonstrate the existence of false memory syndrome. And try to justify its existence in that particular child. The defense will also seek to come in research allegedly showing that the mind can be implanted with false memories. Defendants may also try to offer evidence that traumatic events are highly memorable and cannot be repressed. The plaintiff or the Childs legal representative would first seek to crash any motion flied that seeks to scien tifically explain the childs state of mind and use it as evidence. Since none of the theories can evaluates and prove a child is capable of repressing memories. Accordingly, the evidence should not be used no matter of scientific reliability because it is irrelevant and cannot assist the jury in coming up with a concrete decision (Bauer 2002). The plaintiffs best approach is to expect this defense strategy and take the first action by filing a motion to exclude the