Memory Disorders in the Law Courts

Abstract

This paper reviews the ways in which memory disorders and memory distortions arise in the criminal courts. Amnesia for offences is considered in terms of automatisms, alcohol, and crimes of passion. False memories arise in false confessions, allegations of false memory for child sexual abuse, and, just occasionally, with respect to delusional memories. More generally, memory and neuropsychiatric disorders may have implications at each stage of the legal process (fitness to plead, the insanity defence, cases of automatism, diminished responsibility, and at sentencing). However, patients with memory and neuropsychiatric disorders remain very vulnerable within legal and court processes.