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    Due process and the admission of expert evidence on recovered memory in historic child sexual abuse cases: lessons from America


    Ring, Sinead (2012) Due process and the admission of expert evidence on recovered memory in historic child sexual abuse cases: lessons from America. International Journal of Evidence and Proof, 16 (1). pp. 66-92. ISSN 1740-5572

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    Abstract

    This article reviews the decisions of the US state courts on the admissibility of expert testimony on recovered memory in historic child sexual abuse prosecutions. Unlike their English and Irish counterparts, most US courts scrutinise the reliability of expert evidence on recovered memory. In examining the US decisions the article explores the challenges posed to the criminal process by the contested scientific status of recovered memory theory. It sets out due process arguments why expert evidence on the topic should not be admitted in a criminal trial.
    Item Type: Article
    Keywords: Expert evidence; Recovered memory; Due process; Historic child sexual abuse prosecutions; the United States; Ireland; England and Wales; Law Commission;
    Academic Unit: Faculty of Social Sciences > Law
    Item ID: 12311
    Identification Number: 10.1350/ijep.2012.16.1.392
    Depositing User: Sinead Ring
    Date Deposited: 30 Jan 2020 15:11
    Journal or Publication Title: International Journal of Evidence and Proof
    Publisher: SAGE Publications
    Refereed: Yes
    Related URLs:
    URI: https://mural.maynoothuniversity.ie/id/eprint/12311
    Use Licence: This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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