Cognitive Liability in the Courtroom

The memory wars was a grueling debate that has inflicted so much conflict into the psychological community. Join us to find the lotus in the mud that is the memory wars. The unfortunate events of the memory wars have provided us with such valuable information about memory, culture, and the power of beliefs.

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Background on Memory

Cultural Influences on the Memory Wars

Historical Background

Cultural beliefs about the nature of memory and the lasting effects of childhood trauma influences society on many levels. A clash stemming from these beliefs became the catalyst of the memory wars in the 1990s and continues into the present day. The beliefs our culture holds about memories create liabilities for courtrooms. Given the litigious nature of the United States, beliefs cost states money. The memory wars cultivated the most expensive trial in the history of the United States - the McMartin Preschool trial. The McMartin Preschool case cost over 15 million dollars (Kleinknecht, 2022). The case of Gary and Holly Ramona proceeded for two months and Gary Ramona won a settlement of $500,000 but cost them their family (Kleinknecht, 2022). Though these cases happened over 30 years ago, we see that the memory wars are far from over. As the war persists, we see injustice being served in the courtroom. This became obvious when Justice Kavanagh was vetted for suitability, and Dr. Blasey Ford’s memory was questioned by culture. Given how Dr. Blasey Ford was treated in 2018, it appears that culturally there is work to be done in ensuring that women experience fair trials. Cognitive scientists have a straightforward empirically-based narrative to tell of the suggestibility and malleability of memory. That repressed memories are most often false memories that were suggested by culture and created in therapy. Though cognitive scientists have the answer, it has failed to be adopted by the members of our culture. Otgaar et al.(2019) report that 70% of clinical psychologists report believing in repressed memories, and 89% of undergraduate students report believing in repressed memories. These beliefs are in contradiction with empirically-based evidence. This model of repression that stems from Freud’s seduction theory is not consistent with how memory works. It is necessary to align our belief systems with science to serve proper justice; otherwise, beliefs are liabilities. It is imperative to acknowledge that the beliefs and fears of our culture inform political decisions, which affect our judicial system. Through our project, we aim to provide our audience with a cognitive understanding of memory and guidelines on how to use this knowledge to avoid injustice in the courtroom.

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The McMartin Preschool Case

Research on Memory

Influence on the Justice system

Cognitive Liability in the Courtroom #2.mp4

About The Authors

Mia Tenditnyy

Mia is a senior at Pacific University majoring in psychology. Mia is very passionate about making education more accessible to all. There is so much valuable information that is hidden behind paywalls and inaccessible education. Her hope with this project is to provide a resource for all who are interested and want to learn more about psychology. Mia has learned that through the muck of the memory wars, we have found so much valuable information that we otherwise probably would have not investigated. The bloom of literature in this time is truly remarkable and be shared with all.

May von der Kammer

May is a senior at Pacific University majoring in psychology and double minoring in criminal justice and sociology. She is looking forward to taking a gap year after graduating to focus on continuing to work full time with people in a mental health facility.

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