Expert evidence about memory in New Zealand sexual violence trials and appellate courts 2001 to 2020 (Record no. 6778)

MARC details
000 -LEADER
fixed length control field 03432nam a22003497a 4500
005 - DATE AND TIME OF LATEST TRANSACTION
control field 20250625151533.0
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 200811s2020 -nz||||| |||| 00| 0 eng d
040 ## - CATALOGING SOURCE
Original cataloging agency AFVC
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Blackwell, Suzanne
9 (RLIN) 796
245 ## - TITLE STATEMENT
Title Expert evidence about memory in New Zealand sexual violence trials and appellate courts 2001 to 2020
Statement of responsibility, etc Suzanne Blackwell, Fred Seymour and Sarah Mandeno
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT)
Name of publisher, distributor, etc New Zealand Law Foundation,
Date of publication, distribution, etc 2020
300 ## - PHYSICAL DESCRIPTION
Extent electronic document (154 pages) ; PDF file
500 ## - GENERAL NOTE
General note Published June 2020
520 ## - SUMMARY, ETC.
Summary, etc In criminal proceedings in Aotearoa New Zealand there has been an increase in applications to admit expert evidence about memory, most commonly by defence counsel.<br/>Almost all these cases have involved allegations of historical child sexual abuse. Memory<br/>evidence has been admitted in some cases but deemed inadmissible in others. Thus, memory expert evidence may be regarded as contentious in our courts – as it is in courts in similar commonwealth jurisdictions. This project arose out of concern that the nature of memory expert evidence offered to the courts exaggerates memory fallibility in relation to sexual<br/>violence complaints and that the research cited in support lacks relevance or ecological validity. At issue is whether jurors need educating about memory, whether memory evidence<br/>represents settled science and/or whether memory witnesses inappropriately offer opinion about the credibility of witnesses. In Part One we describe the relevant legislation and case<br/>law in New Zealand, and case law in other commonwealth common law jurisdictions. We then examine the requirements for expert evidence as set out in the Code of Conduct for Expert Witnesses (Schedule Four, High Court Rules) and discuss memory expert evidence in relation to these rules. In Part Two we summarise the opinions commonly given by memory expert<br/>witnesses in our courts and describe the studies they cite in support. We observe that briefs of evidence cover similar topics regardless of the case or the court for which they are prepared.<br/>Topics include lay public knowledge about memory, then the specific memory topics that<br/>have been addressed in briefs of evidence: eyewitness identification and transference, false memories from post-event information, imagination inflation, false memory implantation,<br/>memory fallibility in personally experienced traumatic events, ‘recovered’ memory, and children’s memory reports and suggestibility. We consider the potential implications for<br/>victims/survivors of sexual violence and child sexual abuse should memory evidence of this nature be more widely accepted in our courts. (Authors' abstract). Record #6778
650 #4 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element ADULT SURVIVORS OF SEXUAL ABUSE
9 (RLIN) 46
650 #4 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element CHILD SEXUAL ABUSE
9 (RLIN) 121
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element COURTS
9 (RLIN) 162
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element CRIMINAL JUSTICE
9 (RLIN) 167
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element EVIDENCE
9 (RLIN) 237
650 #4 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element EVIDENCE ACT 2006
9 (RLIN) 405
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element LEGISLATION
9 (RLIN) 346
650 #4 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element SEXUAL VIOLENCE
9 (RLIN) 531
650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element VICTIMS OF SEXUAL VIOLENCE
9 (RLIN) 6716
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name NEW ZEALAND
9 (RLIN) 2588
651 ## - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name WHANGĀREI
9 (RLIN) 2839
651 ## - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name AUCKLAND
9 (RLIN) 2664
700 ## - ADDED ENTRY--PERSONAL NAME
Personal name Seymour, Fred
9 (RLIN) 2089
700 ## - ADDED ENTRY--PERSONAL NAME
Personal name Mandeno, Sarah
9 (RLIN) 9309
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.lawfoundation.org.nz/wp-content/uploads/2020/07/2019_46_26_Memory-evidence-Final-June-2020-pdf-154-pages.pdf">https://www.lawfoundation.org.nz/wp-content/uploads/2020/07/2019_46_26_Memory-evidence-Final-June-2020-pdf-154-pages.pdf</a>
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.lawfoundation.org.nz/?p=11325">https://www.lawfoundation.org.nz/?p=11325</a>
Public note Media release
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Source of classification or shelving scheme Dewey Decimal Classification
Koha item type Report
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Date acquired Total Checkouts Full call number Barcode Date last seen Price effective from Koha item type
    Dewey Decimal Classification     Vine library Vine library 11/08/2020   Online ON20080015 11/08/2020 11/08/2020 Access online