在恢复记忆的案例中,只有一个事实,即客观真理

IF 2.2 2区 社会学 Q1 CRIMINOLOGY & PENOLOGY
Kevin Felstead, Lawrence Patihis
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引用次数: 0

摘要

纳克森(2025 年)对有关压抑记忆争议的科学文献进行了清晰而合乎逻辑的回顾,得出结论认为,没有可信的科学证据支持创伤压抑的概念:"该理论无法通过经验验证,因此没有科学价值"(第 5 页)。我们赞同这一立场。正如 Larry Weiskrantz 所言:"Nachson 采用了一种新颖的方法,试图通过以色列最高法院审理的三起案件,在科学、法律和治疗等多种可供选择的真理之间找到一个中间立场。以色列最高法院一方面承认恢复记忆存在问题。但另一方面,它又表明允许将恢复记忆的证词作为证据,但前提是在某人被定罪之前还必须有其他确凿证据。这种双重思维令人担忧,因为接受被压抑记忆的证词可能会污染案件,而构成 "确凿证据 "的标准可能很低(例如,它可能包括被压抑记忆恢复污染的证词)。出现司法不公的危险确实存在(见 Felstead & Patihis, 2025)。Nachson 概述的多重真相方法令人担忧,尽管他有时似乎主张事实真相决定案件,但这种方法是后现代的。我们的立场是,只有一个单一的客观真理(纳克逊所说的 "事实真相")。这是几百年来一项异常成功的科学事业所采用的方法。客观真理对所有参与者来说都是最重要的因素。我们不同意事实真相在治疗中可以让位于福祉("治疗真相")。我们也不同意法官可以通过回避客观真相来改变司法进程("司法真相")。如果我们同意压抑记忆的概念是不健全的,那么任何刑事法庭都没有 "治疗真相 "的位置。"托马斯-奎克(Thomas Quick)--瑞典最臭名昭著的连环杀手,供认了 39 起谋杀案--这个典型的例子指出了接受 "治疗真相 "的内在危险。奎克的心理治疗师,魅力四射的玛吉特-诺威尔(Margit Norwell),教条地假定她的客户在接受治疗时都曾在童年时期遭受过虐待。她后来帮助奎克恢复了被压抑的谋杀记忆,而这些记忆被证明是虚假的。随后,托马斯-奎克被误判犯有八起谋杀罪。2013年,在瑞典进行了第二次世界大战以来最大规模的法医调查后,最后一项定罪被推翻,令人欣慰(Josefsson,2015)。总之,纳克森向我们介绍了以色列对压抑记忆证词的开放态度,并非常正确地建议在定罪前应寻找确凿证据,这一点很有价值。尽管如此,他对多重真相的构思令人担忧,既后现代又不科学,不过公平地说,他可能同意我们的观点,即客观真相应决定法律判决。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
There is only one truth, the objective truth, in recovered memory cases

Nachson (2025) provides a clear and logical review of the scientific literature about the repressed memory controversy, concluding that there is no credible scientific evidence which supports the concept of traumatic repression: “the theory cannot be empirically validated, and it therefore has no scientific value” (p. 5). We endorse this position. As Larry Weiskrantz asserted: “repression is a theory, not a fact” (Weiskrantz, 2007, p. 81).

Nachson adopts a novel approach in attempting to accommodate a middle ground regarding multiple, alternative truths—scientific, legal, and therapeutic—with reference to three cases heard by the Israeli Supreme Court. The Israeli Supreme Court has on the one hand accepted the problematic nature of recovered memories. Yet, on the other hand, it has demonstrated that it will allow recovered memory testimony into evidence, with the caveat that additional corroborative evidence also be present before someone is convicted. This doublethink is concerning because the admission of repressed memory testimony could contaminate a case, and the standard for what constitutes “corroborating evidence” could be low (e.g., it could include testimony contaminated by the repressed memory recovery). There is a real danger that miscarriages of justice can occur (see Felstead & Patihis, 2025).

The multiple truths approach outlined by Nachson is concerningly postmodern, though it seems he is advocating at times that the factual truth determines cases. Our position is that there is only one singular objective truth (“factual truth” as phrased by Nachson). This has been the approach of an extraordinarily successful scientific enterprise over a few hundred years. The objective truth is the most important element for all involved. We do not agree that the factual truth can take a back seat to wellbeing in therapy (“therapeutic truth”). We do not agree that judges can change the course of justice by sidestepping the objective truth either (“judicial truth”). If we agree that the concept of repressed memory is unsound, then there is no place in any criminal court for “therapeutic truths.”

The telling example of Thomas Quick—Sweden's most notorious serial killer who confessed to 39 murders—pinpoints the inherent dangers of accepting “therapeutic truths.” Quick's psychotherapist, the charismatic Margit Norwell, dogmatically assumed that her clients who entered therapy had been abused in childhood. She subsequently helped Quick to recover repressed memories of murder, memories that turned out to be false. Thomas Quick was subsequently wrongfully convicted of eight murders. The last of these convictions was thankfully overturned in 2013, following the largest forensic investigation in Sweden since the second world war (Josefsson, 2015).

In conclusion, Nachson valuably informs us of the Israeli openness to repressed memory testimony, and quite rightly suggest that corroborating evidence should be sought before convictions are made. Nevertheless, his framing of multiple truths is concerningly postmodern and unscientific, although to be fair it may be the case that he agrees with us that the objective truth should determine legal decisions.

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来源期刊
CiteScore
4.00
自引率
4.30%
发文量
31
期刊介绍: Legal and Criminological Psychology publishes original papers in all areas of psychology and law: - victimology - policing and crime detection - crime prevention - management of offenders - mental health and the law - public attitudes to law - role of the expert witness - impact of law on behaviour - interviewing and eyewitness testimony - jury decision making - deception The journal publishes papers which advance professional and scientific knowledge defined broadly as the application of psychology to law and interdisciplinary enquiry in legal and psychological fields.
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