Memory and Law

Edited by Lynn Nadel and Walter P. Sinnott-Armstrong

Oxford Series in Neuroscience, Law, and Philosophy

Presents an interdisciplinary approach to the study of memory and law
Brings psychologists, philosophers, neuroscientists, and lawyers together to consider the variety of ways in which memory impacts the legal process
For academics in psychology, neuroscience, law, and philosophy

Memory and Law

Edited by Lynn Nadel and Walter P. Sinnott-Armstrong

Oxford Series in Neuroscience, Law, and Philosophy

Description

The legal system depends upon memory function in a number of critical ways, including the memories of victims, the memories of individuals who witness crimes or other critical events, the memories of investigators, lawyers, and judges engaged in the legal process, and the memories of jurors. How well memory works, how accurate it is, how it is affected by various aspects of the criminal justice system -- these are all important questions. But there are others as well: Can we tell when someone is reporting an accurate memory? Can we distinguish a true memory from a false one? Can memories be selectively enhanced, or erased? Are memories altered by emotion, by stress, by drugs? These questions and more are addressed by Memory and Law, which aims to present the current state of knowledge among cognitive and neural scientists about memory as applied to the law.

Memory and Law

Edited by Lynn Nadel and Walter P. Sinnott-Armstrong

Oxford Series in Neuroscience, Law, and Philosophy

Contributors

Part I. General Issues about Memory

Introduction: Memory in the Legal Context
L. Nadel & W. Sinnott-Armstrong

1. Emotion's Impact on Memory
E.A. Phelps

Part II. Memory in Eyewitnesses

2. Inconsistencies between Law and the Limits of Human Cognition: The Case of Eyewitness Identification
D. Davis & E.F. Loftus

3. Lineup Procedures in Eyewitness Identification
S.D. Gronlund, C.A Goodsell & S.M. Andersen

4. The Curious Complexity between Confidence and Accuracy in Reports from Memory
H.L. Roediger, III, J.H. Wixted & K.A. DeSoto

5. Evaluating Confidence in Our Memories: Results and Implications from Neuroimaging and Eye Movement Monitoring Studies of Metamemory

E.F. Chua

6. Evidentiary independence?: How evidence collected early in an investigation influences the collection and interpretation of additional evidence
L.E. Hasel

Part III. Memory in Jurors

7. Memory and jury deliberation: The benefits and costs of collective remembering
W. Hirst, A. Coman & C.B. Stone

8. Realizing the Potential of Instructions to Disregard
L.J. Demaine

9.: The Memory of Jurors: Enhancing Trial Performance
A. Sandberg, W. Sinnott-Armstrong & J. Suvalescu

Part IV. Neuroimaging Memories

10. Neuroimaging of True, False, and Imaginary Memories: Findings and Implications
D.L. Schacter, J. Chamberlain, B. Gaesser & K.D. Gerlach

11. Detection of concealed stored memories with psychophysiological and neuroimaging methods
J.P. Rosenfeld, G.B. Shakhar & G. Ganis

Part V. Legislative Issues

12. Criminalizing Cognitive Enhancement at the Blackjack Table
A. Kolber

13. Monetizing Memory Science: Neuroscience and the Future of PTSD Litigation
F.X. Shen
CODA

14. Ten Things the Law, and Others, Should Know about Human Memory
M.A. Conway

Memory and Law

Edited by Lynn Nadel and Walter P. Sinnott-Armstrong

Oxford Series in Neuroscience, Law, and Philosophy

Author Information

Lynn Nadel is Regents Professor in the Department of Psychology at the University of Arizona.

Walter P. Sinnott-Armstrong is Stillman Professor of Practical Ethics in the Department of Philosophy and the Kenan Institute for Ethics at Duke University.

Contributors:

Shannon M. Andersen
Department of Psychology
University of Oklahoma
Norman, OK, USA

Gershon Ben-Shakhar
Department of Psychology
The Hebrew University of Jerusalem
Jerusalem, Israel

Elizabeth F. Chua
Department of Psychology
Brooklyn College of the City University of New York
Brooklyn, NY, USA
Alin Coman
School of Information Sciences
University of Pittsburgh
Pittsburgh, PA, USA

Martin A. Conway
Institute of Psychological Sciences
University of Leeds
Leeds, UK

Deborah Davis
Department of Psychology
University of Nevada
Reno, NV, USA

Linda Demaine
Department of Law and Psychology
Arizona State University
Phoenix, AZ, USA

K. Andrew Desoto
Department of Psychology
Washington University at St. Louis
St. Louis, MO, USA

Giorgio Ganis
School of Psychology
Plymouth University
Plymouth, UK
and
Martinos Center for Biomedical Imaging
Charlestown, MA, USA

Charles A. Goodsell
Department of Psychology
Canisius College
Buffalo, NY, USA

Scott D. Gronlund
Department of Psychology
University of Oklahoma
Norman, OK, USA

Lisa E. Hasel
Department of Sociology and Criminology & Law
University of Florida
Gainesville, FL, USA
William Hirst
Department of Psychology
New School for Social Research
New York, NY, USA

Adam J. Kolber
Department of Law
Brooklyn Law School
Brooklyn, NY, USA
and
New York University School of Law
New York, NY, USA
Elizabeth Loftus
Psychology & Social Behavior
Criminology, Law & Society
Cognitive Sciences
School of Law
University of California, Irvine, CA, USA

Elizabeth Phelps
Lab Director
New York University
Department of Psychology
New York, NY, USA

Henry L. Roediger, III
Department of Psychology
Washington University at St. Louis
St. Louis, MO, USA

J. Peter Rosenfeld
Institute for Neuroscience
Department of Psychology
Northwestern University
Evanston, IL, USA

Anders Sandberg
Future of Humanity Institute
Department of Philosophy
University of Oxford
Oxford, UK

Daniel L. Schacter
Department of Psychology
Harvard University
Cambridge, MA, USA

Francis Shen
Department of Law
Tulane University Law School & The Murphy Institute
New Orleans, LA, USA

Charles B. Stone
Department of Psychology
Catholic University of Louvain
Louvain-la-Neuve, Belguim

John T. Wixted
Department of Psychology
University of California at San Diego
La Jolla, CA, USA

Memory and Law

Edited by Lynn Nadel and Walter P. Sinnott-Armstrong

Oxford Series in Neuroscience, Law, and Philosophy

Reviews and Awards

"This is a well-reasoned, scholarly offering about the science of memory and its intersection with the law and its use in the courtroom. It provides a unique and thought-provoking look at some of the dogma in our legal process that desperately needs an outside, objective perspective." -- DOODY'S

"... this book is an excellent collection of chapters from experts in the area of memory and law. The chapters are written in a highly accessible way and provide up-todate reviews of the literature that would appeal to a broad audience of readers interested in issues surrounding memory and law. The authors make a point to offer concrete suggestions, where possible, for the application of psychological research to real-world legal contexts, and many authors provide applied examples from legal decisions and court transcripts to support empirical points. Many of the chapters also include suggestions for future research directions that have the potential to help focus the efforts of researchers to address the pressing issues in this field of study." -- PsycCRITIQUES