Recovered Memory Theory

INTEREST OF AMICUS CURIAE
Amici curiae is a social psychologist and legal scholar who studies the effects of the Recovered Memory Syndrome on individuals’ behaviors and judicial practices. Amici has conducted research and published several peer-reviewed articles explaining the role of hypnosis in uncovering repressed memories and related traumas that come along with it. This brief intends to provide the Court with relevant and current literature explaining the recovered memory phenomenon and its relationship with psychotherapeutic techniques where recovery of memories often occurs. Research presented by amici demonstrates that cases of sexual abuse, real or imagined, must be given careful consideration as victims undergo significant emotional

Those who are in favor of retrieved memories state that these memories can be repressed and remain unattainable for years until an individual seeks therapy, where these memories can often be uncovered and trauma related to them can be treated (Freyd, 1994). On the other hand, some individuals have expressed concerns with the concept of repressed memories since, according to them, there is little scientific evidence that can support the theory (Patihis, Ho, Tingen, Lilienfeld & Loftus, 2014). In other words, cases where individuals experience traumatic events but often lack memories of these, often do not provide sufficient reliable evidence to make credible arguments. Memory research offers further insight into the controversial topic of “memory wars” by explaining if the notion of repressing memories and placing them into the unconscious is a feasible hypothesis. Furthermore, research presented in this brief will discuss the reliability and usefulness of using recovered memories as evidence in a court cases. Due to the controversial nature of recovered memories in judicial courts and scientific communities, it is important to consider research in the area to determine truthfulness in allegations involving recovered memories, as these have previously posed

In addition, some argue that the recovery of repressed memories during psychotherapy might be a result of suggestive practices employed by the therapist (Madill & Holch, 2004). This has raised questions among scholars who have suggested that the creation of false memories is plausible, especially if repressed memories have been recovered in therapy where suggestive techniques, such as hypnosis, have been used by the therapist in treatment. Ms. Jaynor stated that after experiencing symptoms of depression and low self-esteem, she decided to seek help and started therapy to treat her symptoms. Ms. Jaynor mentioned to therapist Janet Balderston that she did not recall any traumatic experiences as a child. Memories of her childhood were not clear but she remembered it as being average, neither terrible nor extremely happy. Ms. Jaynor’s therapist suggested hypnosis and dream interpretation as part of treatment since Cindy’s description of her childhood was typical of a person who suffered from