Jamie Maples & Hayley Lund investigate the reliability of human memory
Week in, week out, in civil courts across the country, witnesses recount their memories of past events; events which often took place many years previously. They are questioned by judges, tribunals and advocates experienced in the art of cross-examination. For each witness, this process can last hours, days or sometimes even weeks. Before they arrive at court, considerable time and money will already have been spent on the preparation of a witness statement; committing to writing their recollection, often as “refreshed” by a slew of historic documentation.
But rarely do those who participate in the process stop to question its value, or to ask whether its benefits are proportionate to the time and cost incurred. Recently though, a High Court judge did turn his attention to the issue, and it is worth considering what he had to say.
Testimony
The focus in this country on oral testimony is, of course, a central feature of the common law system. A long and venerable tradition, it has its origins in the
