The Frailties of Human Memory and the Accused's Right to Accurate Procedures

Abstract

This article takes as its starting point, the proposition that suspects have a right to the most accurate procedures for determining innocence and guilt. It suggests that such a right is implied by the presumption of innocence. It goes on to consider—in light of what we know about the limitations and vulnerabilities of human memory—what form the most accurate procedures for obtaining and evaluating evidence from witnesses to events might take, and concludes that current arrangements fall some way short of what is required.