Memoria martorilor și mărturia falsă
Witness memory and false memory

Summary/Abstract: The relation between memory and truth is not as direct as we are used to perceive it. In this paper I have analysed some of the distortions that can appear in the memory processes, emphasizing that not all that we remember is connected to reality. The analysis shows differences between false memory, which as opposed to lying implies the intention of the witness to tell the truth. Some studies are presented, which analysed the sources of memory contamination, from the legal psychology area. Some examples are false memories induced by the investigator through suggestive and manipulative questions or through offering a feedback throughout the declaration and memory contamination after the event through the information exposed to the witness (including discussions with other witnesses). It is utopic to detect lie, when the witness is convinced he is telling the truth. Therefore, we must retain the fact that not all those that are not telling the truth, are actually lying. In the second part of the study I presented the results of some studies which show that not even the practitioners are not that good at lie detection. It is a good practice not to trust our hunch or experience. At least, always have the responsibility to doubt them. A lot of the simulated behaviours are identical with those associated with high distress. Finally, I have formulated some recommendations of best practices based on the results presented in this article.

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