Summary
The lack of empirical evidence concerning allegedly repressed memories creates a rather interesting legal dilemma for defense attorneys who must confront these allegations. These attorneys must defend against memories that surface only long after the alleged occurrence has passed and that cannot be proven true or false. The situation is further complicated because therapists themselves do not question the truth of any information that patients convey. Should the "phenomenon" of repressed memory be treated any differently than normal "forgetfulness" for the purpose of circumventing the statutes of limitation, since there is no scientific evidence suggesting that these repressed memories are in fact a unique phenomenon? Defense counsel who confront the issue will best serve their client's interests by recognizing the arguments both for and against acceptance within the scientific community, as well as the venue state's willingness to create an exception for allowing a claim that is often stale.
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Extract
Repressed Memory: Real or Fantasy?[Dagger]
I.
INTRODUCTION"When I was younger, I could remember anything, whether it had happened or not."-Mark TwainThroughout the last two decades, courtrooms have been deluged with litigation concerning allegations of repressed memories of childhood sexual abuse, generating considerable debate about whether the concept itself (not to mention the actual memory) is real or fantasy. Often, this phenomenon of repressed memory begins when a patient with minor mental health problems meets with a therapist. During the course of treatment for the problems, the therapist asks the patient to "travel back to [his or her] childhoodQ and look for what may have happened there because . . . there must be a cause."1Sometimes, however, people claim to have instantly remembered a traumatic event from their past without the aid of therapeutic techniques. Books appearing in large quantities, such as THE COURAGE TO HEAL and SECRET SURVIVORS, publish checklists whereby one can determine whether he or she fits the profile of an incest surv...See the full content of this document
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