The Frailties of Human Memory and the Accused's Right to Accurate Procedures

21 Pages Posted: 15 Mar 2019

Date Written: February 24, 2019

Abstract

The argument presented in this paper is that not only should the state make greater use of scientific research, it is under a moral and legal obligation to do so. The source of this obligation is the right to the most accurate procedures for determining innocence and guilt. I will suggest that this right is implied by the presumption of innocence.

Keywords: witness testimony, criminal procedure, law of evidence, procedural rights, presumption of innocence, law and psychology, memory research

Suggested Citation

Roberts, Andrew J., The Frailties of Human Memory and the Accused's Right to Accurate Procedures (February 24, 2019). Available at SSRN: https://ssrn.com/abstract=3341016 or http://dx.doi.org/10.2139/ssrn.3341016

Andrew J. Roberts (Contact Author)

Melbourne Law School ( email )

185 Pelham Street
Carlton
Victoria, 3052
Australia

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