000			03432nam a22003497a 4500
999			_c6778 _d6778
005			20250625151533.0
008			200811s2020 -nz||||| |||| 00| 0 eng d
040			_aAFVC
100			_aBlackwell, Suzanne _9796
245			_aExpert evidence about memory in New Zealand sexual violence trials and appellate courts 2001 to 2020 _cSuzanne Blackwell, Fred Seymour and Sarah Mandeno
260			_bNew Zealand Law Foundation, _c2020
300			_aelectronic document (154 pages) ; PDF file
500			_aPublished June 2020
520			_aIn criminal proceedings in Aotearoa New Zealand there has been an increase in applications to admit expert evidence about memory, most commonly by defence counsel. Almost all these cases have involved allegations of historical child sexual abuse. Memory 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 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 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 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 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. Topics include lay public knowledge about memory, then the specific memory topics that have been addressed in briefs of evidence: eyewitness identification and transference, false memories from post-event information, imagination inflation, false memory implantation, memory fallibility in personally experienced traumatic events, ‘recovered’ memory, and children’s memory reports and suggestibility. We consider the potential implications for 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	_aADULT SURVIVORS OF SEXUAL ABUSE _946
650		4	_aCHILD SEXUAL ABUSE _9121
650			_aCOURTS _9162
650			_aCRIMINAL JUSTICE _9167
650			_aEVIDENCE _9237
650		4	_aEVIDENCE ACT 2006 _9405
650			_aLEGISLATION _9346
650		4	_aSEXUAL VIOLENCE _9531
650		0	_aVICTIMS OF SEXUAL VIOLENCE _96716
651		4	_aNEW ZEALAND _92588
651			_aWHANGĀREI _92839
651			_aAUCKLAND _92664
700			_aSeymour, Fred _92089
700			_aMandeno, Sarah _99309
856			_uhttps://www.lawfoundation.org.nz/wp-content/uploads/2020/07/2019_46_26_Memory-evidence-Final-June-2020-pdf-154-pages.pdf
856			_uhttps://www.lawfoundation.org.nz/?p=11325 _zMedia release
942			_2ddc _cREPORT