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Abstract: 

Courts and psychologists have long understood that “an investigatory interview of a young child can be coercive or suggestive and thus shape the child's responses.” Any parties or interactions that influence a child’s processing of a significant event will likely “[undermine] the reliability of the child's responses as an accurate recollection of actual events [and] once tainted, the distortion of the child's memory is irremediable (N.J. v. Michaels, 264 N.J. Super. 579, 630 (1993)).While the legal system lags behind the scientific community in recognizing proven phenomena, it is common for courts to spotlight the techniques used to examine child witnesses as a proxy for cross-examination to test the reliability of a child’s testimony. “[S]tudies stress the importance of proper interview techniques as a predicate for eliciting accurate and consistent recollection” (N.J. v. Michaels, 136 N.J. 299, 311 (N.J. Jun. 23, 1994). This article surveys some of the most important research findings on the accuracy of memory and the distorting impact certain interviewing techniques can have on the accuracy of memory.

Keywords: Child Witnesses; “False” Memories; McMartin Preschool Case

Affiliations:  1: Editor.