Suggestibility in the Courtroom

Due to the constructive nature of memory, recollections for events are easily contaminated or distorted by information encountered after the event took place. People can therefore mistakenly report information that has been suggested to them, but that they have not in reality experienced. In light of this well-documented memory fallibility, the current chapter explores how memory can be distorted during the investigative and legal process. Key factors affecting the reliability of eyewitness statements are discussed, including stress and arousal, intoxication, and individual differences in vulnerability to suggestion. The chapter examines when people are most likely to be vulnerable to suggestion and focuses, in particular, on how memory can be distorted during the investigative process as a result of poor interviewing practice and co-witness contamination. The chapter concludes with consideration of how best to minimize the negative effects of suggestibility for the criminal justice system