YEAR	MEMORY IN THE COURTROOM	AUTHOR	SOURCE	SELECTION	ABSTRACT
2006	Evaluating memory functioning after a mild traumatic brain injury	Alexander Obolsky MD	psychiatry tapes	10229	Various memory deficits are frequently a complaint after a mild traumatic brain injury (mTBI). This presentation will provide an overview of current understanding of memory functioning among normal individuals and those with mTBI. The presenter will illustrate relevant concepts by presenting several cases of alleged memory deficits subsequent to mTBI as seen in a forensic psychiatric practice. Attendees will be able to 1) enumerate various types of memory; 2) describe various interview techniques and tests used in evaluation of memory complaints following mTBI; 3) discuss various techniques available for detection of memory deficit malingering.
2006	Evaluating memory functioning after mild brain injury	Alexander Obolsky MD	psychiatry CD	10775	Evaluating Memory Functioning after a Mild Traumatic Brain Injury Various memory deficits are frequently a complaint after a mild traumatic brain injury (mTBI). This presentation will provide an overview of current understanding of memory functioning among normal individuals and those with mTBI. The presenter will illustrate relevant concepts by presenting several cases of alleged memory deficits subsequent to mTBI as seen in a forensic psychiatric practice. Attendees will be able to 1) enumerate various types of memory; 2) describe various interview techniques and tests used in evaluation of memory complaints following mTBI; 3) discuss various techniques available for detection of memory deficit malingering. Alexander E. Obolsky, M.D. specializes in the diagnosis, treatment, and return to work of employees with various anxiety, depressive, and trauma-induced mental disorders. He frequently serves as an independent examiner in workers compensation cases, disability determination, fitness for duty, and violence evaluations.
2003	Memory for murder-the I don t remember defense	Timothy Michals MD Steven Samuel PhD	psychiatry tapes	3025	Memory complaints are commonplace from the perspective of perpetrators, witnesses, and victims of extreme violence with claims of amnesia reported commonly in cases of homicide. General issues inherent to a forensic psychiatrist's retrospective analysis of mental state at the time of a crime, factors associated with claims of amnesia for violent crime, the legal system s responses to claims of amnesia, and the legal significance of such claims will be presented. Case examples will be given.
2002	Forensic aspects of hypnosis and "memory work"	Jose Maldonado MD	psychiatry tapes	2038	Over the last few years there have been a number of court cases disputing the veracity of memories re-covered during the course of psychotherapy. This presentation addresses the issue of memory and the role of hypnosis in the recovery of previously repressed memories, particularly those of presumed traumatic origin. Therapists using hypnosis must be aware that its use during the course of therapy may compromise the ability of a witness to testify in court. Attendees will understand the ways memory works, limitations and flaws of hypnosis in memory work and will learn "rules of engagement" when hypnosis is used as an instrument in the forensic setting.
2002	Effects of expert testimony on mock jurors' decision making and memory	James Griffith PhD	psychology journal	650	This experiment examined the influence of two types of expert testimony (specific and general) on mock jurors decision making and memory of a legal case involving a repressed memory of childhood sexual abuse. Gender differences were found for monetary damages with women awarding more than twice as much as men. Women also remembered more of the trial than did their male counterparts. Additionally, subjects who were exposed to specific expert testimonies were able to recall more than subjects in the general expert testimony condition.
2001	Iatrogenic recovered memories-examining the empirical evidence	Frank Leavitt PhD	psychology journal	934	In some formulations of false memory theory, recovered memory of child sexual abuse is an iatrogenic product of therapy. This assumption was examined in 160 women who recovered memories of childhood sexual abuse as adults. Two issues were examined: a) the circumstances and timing when participants became certain of their sexual abuse and b) the importance of hypnosis and its variants on emergence of memories during treatment. Certainty of sexual abuse predated treatment in 33% of the cases. Therapeutic causation was unlikely in another 26% because personal certainty of abuse emerged on average 4.1 years after termination of treatment. The pattern was similar for groups treated with and without hypnosis. Remarkably few patients recovered first memories in therapy with the help of hypnosis. This study places the percentage at 4%. Thus, in the direct study of patients who recovered memory of childhood sexual abuse, hypnosis was not an important factor in the emergence of sexual abuse memories. It was, at best, weakly linked to the emergence of recovered memory. The results do not support widespread implanting of novel memories of sexual abuse by therapists.
2000	Effectiveness of experts in civil trials involving repressed memories of sexual assault	Terri L Stewart MS	psychology journal	244	Two experiments investigated the impact of expert testimony regarding repressed memories in a childhood sexual assault trial... The results indicated that cross-examination effectively counterbalanced the expert s direct testimony. Implications of the results are discussed in terms of past findings and the ecological validity of future research.
2000	Classification of malingerers on a nondeclarative memory task as a function of coaching and task difficulty	Robert L Durham PhD Frederick Keller PhD,	psychology journal	6004	Two category classification tasks, which provide measures of nondeclarative memory performance, were used to detect feigned memory deficits. Uncoached controls were compared to uncoached malingerers, and to malingerers who received varying degrees of coaching, on an easy and a difficult dots categorization task. Initial analyses showed that controls were indistinguishable from malingerers who received coaching on test specifics. Additionally, malingerers with no or low coaching performed significantly worse than controls and highly coached malingerers. A discriminant function analysis showed that both controls and malingerers with no coaching were correctly classified at above chance levels for the dots categorization tasks. Coached malingerers on the difficult categorization test were misclassified as either controls or as malingerers with no coaching, and coached malingerers on the easy categorization test were predominantly misclassified as controls.
1999	Suggestibility and treatment as key variables in the recovered memory debate	Frank Leavitt PhD	psychology journal	37	Alleged inducement of sexual trauma memory was studied from the perspective of suggestibility as embodied in false memory theory. The controversial assumption that therapeutic suggestion operates to cause events to be falsely remembered was tested using a sample drawn from practices that contained patients who did, as well as those who did not, recover memories while in treatment. Following two years of treatment, the most suggestible of the patients did not recover memories. Paradoxically, those with the weakest levels of suggestibility recovered memories from the same practices. Since it is not logically conceivable that therapeutic suggestion operates only in the nonsuggestible, the assumptions of false memory theory were interpreted as not relevant for understanding the emergence of memories of childhood sexual trauma. Claims involving simple cause and effect relationships between treatment and memory recovery are not viable.
1999	Repressed memories in the courtroom-trial characteristics affecting mock jurors' decision making	James Griffith MA Terry Libkuman PhD	psychology journal	935	Three experiments examined how male and female mock jurors reacted to various characteristics of a legal case involving a repressed memory of child sexual assault. Loglinear analyses revealed that females were three to six times more likely to offer a guilty decision than males and that individuals who believed that repressed memories could be accurately recalled were 12 to 33 times more likely to offer a guilty decision than individuals who did not believe that repressed memories could be accurately recalled. Overall, the three experiments demonstrated the importance of a number of trial characteristics in determining the juror decision making in repressed memory cases.
1999	Blackouts and amnestic phenomena in the law	John Podboy, PhD	psychiatry journal	5399	The term "blackout" " carries no particular legal implications" (1), notwithstanding confusion in the legal and forensic communities about the meaning and significance of blackouts and other "amnestic phenomena. "This article reviews definitions and theories about blackouts and presents an intoxication/forensic case involving a blackout. Using that case, the authors discuss the pitfalls as well as the applicability of blackouts and other amnestic phenomena in criminal law, in terms of current Daubert concepts and standards. These concepts and standards are also reviewed.
1999	Malingered memory deficits, amnesia, cognitive impairment	Richard Frederick PhD	psychology tape	1135	no abstract at this time
1998	Manufacturing memory	Elizabeth Loftus PhD Michele Nucci Hunter Hoffman PhD	psychology journal	38	After decades of deliberate attempts to change people'memories for the details of events that they had observed in the past, researchers turned their attention to the task of planting entirely false childhood memories. We describe in detail a new procedure designed to make people believe they saw events two weeks ago that they did not actually see. We summarize other work in which researchers have made people believe that they had childhood experiences that they never actually had. These studies tell us much about the malleability of memory, and have implications for some of the rather unusual, probably false, memories that have been the basis of recent litigation.
1998	Repressed memories-effects of expert testimony on mock jurors' decision making	James Griffith MA Terry Libkuman PhD Debra Poole PhD	psychology journal	6089	This experiment examined the influence of two types of expert testimony (specific and general) on mock jurors decision making and memory of a legal case involving a repressed memory of childhood sexual abuse. Participants were exposed to one of four conditions (specific plaintiff expert testimony specific defense expert testimony, specific plaintiff expert testimony general expert defense testimony, general plaintiff expert testimony specific defense expert testimony, or general plaintiff expert testimony general defense expert testimony), awarded damages to the plaintiff, and completed a free recall memory task. Gender differences were found for monetary damages with women awarding more than twice as much as men. Women also remembered more of the trial than did their male counterparts. Additionally, subjects who were exposed to specific expert testimonies were able to recall more than subjects in the general expert testimony condition. Possible re-signs for these results and the implications are discussed.
1997	The repressed memory controversy	Dr. Elizabeth Loftus	psychology tape	1256	Much litigation has resulted from the emergence of "repressed memories." It has been hazardous for the patients, for their families, and for the therapists who treat them. Dr. Loftus will discuss new findings on memory distortion, have questions answered about new findings on corroborated cases of delayed memory and their implications for the controversy, and will learn of new litigation situations that involve repressed memory allegations. Issues for clinicians will be discussed (e.g., privacy of therapist records in criminal cases.).
1997	Seeking a middle ground on the recovered memories controversies	Marc Nesca PhD	psychology journal	6009	It is argued the recovered memories controversy revolves around two basic issues; those concerned with the concept of repression, and those concerned with the fallibility of memory. Clinical and experimental data speaking to each issue are reviewed. The associated issue of infantile amnesia is also briefly examined. An examination of relevant data suggests the human cognitive system is capable of repression. However, difficulties inherent in any attempt to experimentally verify the sequelae of trauma appear to preclude the laboratory recreation of this phenomenon. Extant research also indicates memory for witnessed events is subject to a host of distorting influences. Nevertheless, this literature is deemed to be only tangentially relevant to a debate which is generally concerned with autobiographical events. Shifting focus onto the literature on autobiographical memory (AM) reveals that, although also subject to distorting influences, AM can under certain conditions be remarkably durable, accurate, and even resistant to suggestion. Overall, it is concluded the adoption of extreme positions with regard to this controversy is not supported by available data.
1997	Global Amnesia, PTSD, Malingering, Incompetence-sorting them out for the court	Michael Cleary MD	psychiatry tape	1329	no abstract
1996	Psychiatric assessments,recovered memory cases-15 factors to consider in examining	John J. Cannell, MD	psychiatry tapes	1444	Psychiatric assessments and recovered memory cases are particularly prone to examiner bias. Many problems that are inherent in sexual abuse assessments for the courts also make these assessments difficult. Fifteen specific factors to consider when examining plaintiffs in recovered memory cases are outlined. Participants will appreciate the limitations of psychiatric assessments in recovered memory cases and will learn about major factors to consider when conducting the examination.
1996	Therapeutic influence in Multiple Personality Disorder and recovered memory	Ralph Underwager PhD	psychiatry tapes	1477	The psychologist's and psychiatrist's role in the creation of multiple personality disorder and in the recovery of alleged "repressed" memories of childhood sexual abuse will be described and then illustrated with actual case examples. The research and controversies surrounding the multiple personality disorder diagnosis and the concepts of repression, dissociation, and recovered memory techniques will be summarized. Participants will learn how the psychologist or psychiatrist can inadvertently teach and encourage a patient to develop multiple personality alters and recover memories of sexual abuse that are likely to be false.
1996	Consulting with attorneys on dissociative disorders and recovered memories	Joyce Vesper PhD	psychology journal	486	Dissociative disorders are complex psychological problems that are not easily understood. The symptoms are explained in psychological jargon that makes it difficult for attorneys and jurors to comprehend. Therapists with practical clinical knowledge and well grounded, carefully researched theory can teach attorneys about the manifestations of dissociation and personality styles of people recovering memories of abuse and trauma. Clinicians can also prepare attorneys for possible opposing arguments raised by experts. This article provides research and clinical information that is used for both supporting and opposing viewpoints on this controversial subject.
1996	Investigating a claim of amnesia in an attempted murder and a legal defense	David T Roy JD	psychology tape	1308	no abstract
1996	Recovered memories, litigation, malpractice	Ray W London PhD	psychology tape	1458	no abstract
1995	Selective memory erasure- a new technique for dealing with traumatic memories	John Ravin MD	psychiatry tapes	1333	no abstract at this time
1995	Legal treatment of recovered memories of child sexual abuse case law	Sheila Taub JD	psychiatry tapes	10008	no abstract at this time
1995	Trauma and memory- 30 cases of claimed recovery memory	G Christian Harris MD	psychiatry tapes	1337	no abstract at this time
1995	Children s memory and suggestibility- evaluation of alleged sexual molestation	David J Mann PhD	psychology tape	1356	no abstract
1995	Consulting with attorneys on dissociative disorders and recovered memories	Joyce Vesper PhD	psychology tape	1352	no abstract
1995	Real or imagined memories- malpractice issues with dissociative disorder patients	Jose LaCalle PhD	psychology tape	1461	no abstract
1995	Repressed memories and statutes of limitations-Examining the data and weighing the consequences	Terence Campbell PhD	psychology journal	5024	Extending statutes of limitations related to adult claims of recovered memories of childhood sexual abuse presumes repression is a viable construct, and mental health professionals can provide courts of law with reliable evidence of formative child sexual abuse. This review and analysis of the relevant literature concludes that neither of these assumptions can claim empirical support. Instead, the available data indicate the relative ease with which psychotherapy can mistakenly persuade clients that they were sexually abused as children.
1995	Real versus imagined memories of children and adults-implications for assessment of child abuse	William Fremouw PhD	psychology journal	189	The increasing rate of reported child abuse has raised a need for guidelines to assess the credibility of child witnesses and their memories. In legal settings, defense lawyers often attempt to discredit a child s memory of abuse as being merely an imagined event. Children who reveal abuse are often accused of imagining the alleged abuse. Research with adults has identified the memory characteristics of clarity, contextual details, and thoughts and feelings which discriminate between memories for real and imagined events. The present study tested these findings with children ages 11-12 years old and compared them to college students. Each subject experienced three activities and imagined doing three activities. Study was made.
1995	Repressed memories and statutes of limitations-examining the data and weighing the consequences	Terence Campbell PhD	psychiatry journal	8057	no abstract
1994	From memory drum to superior court-the eyewitness situation, interview, expert testimony (2 tapes)	R Edward Geiselman PhD	psychology tape	10056	The goal of this workshop is to provide attendees with the practical knowledge needed by psychologists who are asked to evaluate and testify in legal cases involving credibility of eyewitnesses.
1991	Symptom validity technique as a measure of feigned short-term memory deficit	William Bickart PhD	psychology journal	5042	The possibility of malingering is especially high in forensic settings, where diagnostic determinations may have a significant impact on an individual's circumstance. The Symptom Validity Technique (SVT) is designed to detect feigned cognitive or sensory impairment. Present study explores the effect of varying design features on the rate of false negative classification. The MMDT is an SVT designed to detect feigned severe memory impairment.
1989	Use of hypnosis in the forensic setting- a cautionary note	Jack Annon PhD	psychology journal	5428	3 cases, describing the use of forensic hypnosis to refresh memory for specific past events, are presented.
1988	Forensic hypnosis, memory recall related to rape and battery cases	Jack S Annon PhD	psychology tape	10269	Hypnotic induction was employed in three cases in order to refresh the victim's memory for specific past events. Cases involve women who were battered and raped. Presenter utilized photographic slides and audio tapes.
1987	Hypnosis memory recall- implications for forensic uses	R Edward Geiselman PhD	psychology journal	5099	Study examines 38 major published experiments on hypnosis memory recall. Even if forensic hypnosis aids in the solution of only a small percentage of cases, it is still a valuable tool from the perspective of law enforcements.