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False Eye Witness Testimony

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Submitted By roopinky
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In the courtroom, a witness’s or victim’s account of an alleged event can sometimes be fundamental to determining an accused’s guilt, rendering his or her liberty, livelihood and reputation at stake. The law requires witnesses to give truthful evidence and encourages them to admit when they do not know or cannot remember the details of the event (Evidence Act of 2008). Witnesses rely on their memories to testify as to what they believe is a true account of the event. However, memories have been found to be fallible with no guarantee of corresponding with objective reality (Johnson, 2001). Research has found that false memories (FM), where a person recalls an event that did not occur and mistakes it to be a true representation of that event (Gleaves & Smith, 2004; Johnson, 2001) exists within the realm of eyewitness testimony (ET) (Loftus, Miller & Burns, 1978). This raises the issue of how well does ET reflect reality. Some theories that explain FM include the source monitoring failure theory (Johnson, Hastroudi & Lindsay, 1993), activation monitoring theory (Roediger, Balota &Watson, 2001) and fuzzy trace theory (Brianerd & Reyna, 1998; Reyna & Brainerd, 1995). Due to word count limitations, this paper will explore the concept of FM using fuzzy trace theory, source monitoring errors and the misinformation effect to explain how FM occurs in the context of ET and why ET can never the representation of the complete truth.
The FTT proposes that there are two parallel memory traces, the verbatim trace and the gist trace (Brianerd & Reyna, 1998; Reyna & Brainerd, 1995). The verbatim trace stores information item-by-item and is a verdicial representation of an event. The gist trace stores a generalised meaning based representation of an event. The FTT proposes that verbatim trace decays quickly whereas the gist trace lingers in memory longer resulting in FM due to

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