THE FALLIBILITY OF HUMAN MEMORY AND WITNESS EVIDENCE

How the production of false memories can impact the Criminal Procedure

Abstract

The main means of evidence produced in criminal proceeding is testimonial evidence, through wich testimonies are collected from witnesses who may come to add something about the fact or about the person being judged. In this context, it is observed that the way the testimonial testimony will be produced may have a direct effect on the falsification of memories of that witness. Therefore, this study is about the creation of false memories and what are the impacts generated in the criminal sphere and how these statementes can be collected without inducing untrue memories. It is noteworthy that, based on the conclusions obtained by this study, the testimonial evidence must be collected throught the Cognitive Interview technique, which consists of an inquiry thechnique aimed at enhancing the quantity and accuracy of the information collected from witnesses, in a way to avoid the production of fictional memories.