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Amnesia and Crime

Memory For Murder A Psychological Perspective On Dissociative Amnesia In Legal Contexts

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Mental health professionals and legal decision-makers often hear reports of memory impairment from both perpetrators of extreme violence such as homicide (e.g., Kopelman, 1995; Roesch & Golding, 1986; Schacter, 1986a), and from complainants and eyewitnesses (e.g., Loftus, 1993). Adult complainants, for example, have testified about their recovery of repressed memories for a violent incident(s) following a lengthy period of amnesia (e.g., Loftus, 1997; Porter, Yuille, & Lehman, 1999). Although these two types of cases differ in the timing of the memory loss (current vs. historical), both require a consideration of the validity of dissociative amnesia. Dissociative amnesia refers to amnesia for a traumatic (and, in this context, criminal) experience which has a psychological origin. Whereas dissociative amnesia refers to a process of forgetting following a traumatic experience, a dissociative state refers to an altered state of consciousness occurring during a traumatic experience. Dissociation is the more general term referring to the separation..

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Amnesia and Crime

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Amnesia for serious offenses has important legal implications, particularly regarding its relevance in the contexts of competency to stand trial and criminal responsibility. Forensic psychiatrists and other mental health professionals are often required to provide expert testimony regarding amnesia in defendants. However, the diagnosis of amnesia presents a challenge, as claims of memory impairment may stem from organic disease, dissociative amnesia, amnesia due to a psychotic episode, or malingered amnesia. We review the theoretical, clinical, and legal perspectives on amnesia in relation to crime and present relevant cases that demonstrate several types of crime-related amnesia and their legal repercussions. Consideration of the presenting clinical features of crimerelated amnesia may enable a fuller understanding of the different types of amnesia and assist clinicians in the medico-legal assessment and diagnosis of the claimed memory impairment. The development of a profile of aspects characteristic of crime-related amnesia would build toward establishing guidelines for the assessment of amnesia in legal contexts.

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