TESTIMONIAL EVIDENCE AND CRIMINAL PROCEDURE: THE INFLUENCE OF FALSE MEMORIES ON TESTIMONIAL EVIDENCE

Abstract

This article seeks to unveil the influence of testimonial evidence in the criminal system. Despite being an important source of information, testimonial evidence can also present many challenges, including the credibility of the testimony. The study discusses the limitations of testimonial evidence and how the witness can suffer external influences, whether due to suggestibility or the passage of time. Despite the fact that human memory is very selective and depending on the way an interview is conducted, the result for the criminal process can be harmful, since poor conduct of the interview results in the unfair conviction of a person, violating the rights and the individual's guarantees. Another point discussed in the study is the form of harm reduction, which among the alternatives, the cognitive interview was the most successful, as it aims to encourage the deponent to remember events in a systematic and detailed way, without interruption or external suggestion, avoiding the imputation of false memories in the witness. In short, the study seeks to reflect on the influence of testimonial evidence, seeking to improve methods of collecting testimony in light of the criminal process to ensure more effective and fair justice.