Preprint: The Scientific Principles of Memory vs. The Federal Rules of Evidence

Psychology, UC San Diego, Wixted Lab

We released a preprint of our paper, “The Scientific Principles of Memory versus the Federal Rules of Evidence,” on Open Science Framework. The manuscript was submitted for publication about a week ago.

Preprints, although citable, have neither been accepted/denied for publication nor have they undergone the peer-review process. It is expected that published manuscripts will differ from the original preprint—sometimes even in major ways (although that is never the hope). We decided to make our submitted manuscript available in this modality due to the expressed interest from those outside of our field.

This paper explains how memory contaminates, when memory is reliable, and how the current interpretation of the Federal Rules of Evidence (as it relates to eyewitness identification) may actually exacerbate the problem of irreparably contaminated evidence being used in the courtroom.