The fallibility of memory in judicial processes: Lessons from the past and their modern consequences

The capability of adult and child witnesses to accurately recollect events from the past and provide reliable testimony has been hotly debated for more than 100 years. Prominent legal cases of the 1980s and 1990s sparked lengthy debates and important research questions surrounding the fallibility and general reliability of memory. But what lessons have we learned, some 35 years later, about the role of memory in the judicial system? In this review, we focus on what we now know about the consequences of the fallibility of memory for legal proceedings. We present a brief historical overview of false memories that focuses on three critical forensic areas that changed memory research: children as eyewitnesses, historic sexual abuse and eyewitness (mis)identification. We revisit some of the prominent trials of the 1980s and 1990s to not only consider the role false memories have played in judicial decisions, but also to see how this has helped us understand memory today. Finally, we consider the way in which the research on memory (true and false) has been successfully integrated into some courtroom procedures.     

Phonological recoding,rapid automatized naming,and orthographic knowledge

Phonological recoding, orthographic knowledge, and rapid automatized naming (RAN) are three major contributors to word identification. However, the interrelations between these components remain somewhat unclear. The current analyses focus on how phonological recoding and alphanumeric versus non-alphanumeric RAN contribute to different components of orthographic knowledge (word specific vs. general). Results indicate that alphanumeric and non-alphanumeric RAN contribute to orthographic knowledge components differently. Alphanumeric RAN relates more to word-specific orthographic knowledge, whereas non-alphanumeric RAN relates more to general orthographic knowledge. Furthermore, phonological recoding is more closely related to word-specific orthographic knowledge than to general orthographic knowledge.     

Maternal Depressed Mood and Perceptions of Child Temperament

Research has suggested that women who experience postpartum depression are subsequently more likely to perceive their preschool-aged children as temperamentally difficult and maladjusted. However, previous studies have not controlled for the effects of concurrent depression levels on maternal ratings of child temperament or evaluated the accuracy of maternal reports. In the present study we assessed maternal and paternal ratings of child temperament 2 years after subjects had participated in a study of postpartum depression. The findings indicate that correlations between postpartum depression and subsequent child temperament ratings were accounted for statistically by concurrent levels of depression. Although fathers' ratings corroborated some aspects of maternal perceptions, levels of parental agreement were only moderately high. Moreover, discrepancies between the parents' reports were significantly associated with maternal depression, indicating that parental disagreement is more likely when the wife is dysphoric.     

A Developmental Analysis of Performance Ratings

In this study, we examined the performance appraisal process from a developmental perspective. Components of cognitive structure, measured in terms of differentiation and hierarchic integration, were obtained from 45 American students representing three different academic levels at three times during a 15-week semester. These students' performance evaluations (ratings) of their psychology instructors were collected during the first and final sessions. The results indicated that although both differentiation and hierarchic integration seemed to change systematically, even over a short period of time, there was no corresponding change in the halo inherent in the raters' ratings. We present possible explanations for the failure of developmental changes in cognitive structure to be reflected in the halo inherent in the performance ratings, as would be predicted by Schneier's (1977) cognitive compatibility hypothesis. Increased emphasis on developmental aspects of the performance appraisal process is recommended.     

Book reviews

Wilfred Bion is regarded as a psychoanalytic purist and his austere portrayal of the analytic aim and attitude is often considered to make impossible demands on patient and analyst alike. Not surprisingly, the applicability of Bion's theory and recommended practice to once-weekly psychotherapeutic work is often questioned. Bion is thus ambivalently regarded by psychotherapists as the embodiment of an analytic ideal, whose developmental theories are important, but whose practical utility is doubted, especially in the context of the typical therapeutic setting. This paper seeks to challenge these assumptions by presenting the once-weekly therapy of a woman with attenuated mentalizing capacity and a tendency to destructive acting out. The therapy was guided by the application of central concepts, models and ‘technical’ principles emerging from my understanding of Bion's work. The aim of the paper is to demonstrate that Bion's utility is not confined to formal psychoanalytic settings and that his work may be usefully applied in more modest psychotherapy contexts.     

DESIRE AND RESPONSIBILITY: THE ETHICS OF COUNTERTRANSFERENCE EXPERIENCE

The analyst's desire expressed in impactful wishes and intentions is foundational to countertransference experience, yet undertheorized in the literature. The “wider” countertransference view, associated with neo‐Kleinian theory, obscures the nature of countertransference and the analyst's contribution to it. A systematic analysis of the logic of desire as an intentional mental state is presented. Racker's (1957) talion law and Lacan's (1992) theory of the dual relation illustrate the problems that obtain with a wholesale embrace of the wider countertransference perspective. The ethical burden placed on the analyst in light of the role played by desire in countertransference is substantial. Lacan's ethics of desire and Benjamin's (2004) concept of the moral third are discussed.     

Does it matter how I perceive my nation? National symbols,national identification and attitudes toward immigrants

We examined how the ways of imagining one's own nation relate to the relationship between national identification and individuals’ attitudes towards immigrants. National imagination is studied through two types of national symbols representing the nation in terms of confrontation between groups (i.e., war and sports) and a unique entity (i.e., nature and traditional culture). We found that national identification was positively associated with the degree to which individuals perceived their nation through a historical war and sports, which, in turn, enhanced negative attitudes toward immigrants. Unexpectedly, the degree to which individuals perceived their nation through nature and traditional culture was positively associated with positive intergroup attitudes. The results emphasize that the degree to which individuals perceive their nation through different national symbols is an important factor for understanding intergroup relations.     

Projective identification fifty years on: A personal view

Since its introduction by Melanie Klein in 1946 the concept of projective identification has inspired, baffled, rankled, but always mesmerized its adherents and opponents alike. I offer in this paper a brief outline of the concept's development over the past fifty years by way of some thoughts on a personal journey of discovery surrounding its meaning and clinical usefulness to my work as a child therapist. I would like to suggest that definitions in current use seem to be derived more from adult work than from work with children, which has sometimes skewed the debate surrounding the concept in a particular direction. In both its conceptual guises, namely, as an unconscious 'phantasy' and as an interpersonal feature of the transference, projective identification is a logical extension of certain aspects of Klein's work with small children. In child work too the developmental status of the concept comes more into focus.     

You can't miss what you've never had: Can you?: The challenges and struggles of single parenthood from a psychoanalytic perspective

The issue of the growth of single-parent families has been in the forefront of political, social and moral debate in recent years. Children from single-parent families tend to be over-represented in clinic populations. Yet this state of My being may be no more potentially pathological than the nuclear family, which can become conceptually idealized The aim of this paper is to look behind the statistics and examine the impact on children of life in a single-parent family, to explore how this may be managed, and to look for potentiating factors which can enable good-enough development to unfold. Case material is used to illustrate the theme.