Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
CHAPTER THIRTEEN
CHAPTER OBJECTIVES
► Understand the definition of false memories and confabulation.
► Know the meaning of repression and dissociation in the memory context.
► Understand the implications of repressed memories.
KEY TERMS
False memory Confabulation
Memory misattribution McMartin preschool
Sodium amytal Syndrome
Stockholm Syndrome Battered Woman Syndrome
LECTURE NOTES
Repressed Memories and Novel Syndromes
Repressed and False Memories
A false memory is a memory which is a distortion of an actual experience, or a confabulation of
an imagined one.
Nevertheless, a whole industry has developed around “restored memory” especially as related to
the victims of incest. As evidence of this, the book The Courage to Heal sold almost a million
copies in the mid-1990s.
Advocates of the theory of repressed and recovered memories of childhood sexual abuse view
trauma as resulting in amnesia for memories that would be too upsetting to be consciously
accessible (Terr, 1991; Van der Kolk, 1994).
Repression and Dissociation
The hypothesized mechanisms for this amnesia include repression and dissociation.
The McMartin preschool Case
This case is a glaring example of what can happen when false memories, over-zealous experts,
and a fad-desensitized media collide to form a “perfect storm” of hysteria.
In 1987 one vindictive parent made allegations that her son was sexually abused by staff
members at the school. It did not take long before the school was called a “sexual house of
The Gary Ramona Case
Gary’s daughter Holly sought treatment for bulimia. Early in her treatment, Holly’s therapist
Isabella planted the idea of sexual abuse by telling Holly that 70 to 80 percent of bulimia patients
had been sexually abused.
Mr. Ramona was awarded half a million dollars in civil damages due to negligence by Holly’s
therapist. The court ruled that he was a de facto client of Ms. Isabella, and that she consequently
owed him a duty of care (Ramona v. Isabella, 1994; Brown, Scheflin, & Hammond, 1998).
Novel Syndromes
Definition of “Syndrome”
A syndrome is a set of symptoms and signs that occur in a regular pattern from patient
to patient, that collectively indicate or characterize a disease, psychological disorder, or other
abnormal condition (Miller, 1998).
The Stockholm Syndrome
Since 1973 syndromes have been multiplying and include:
The Battered Wife Syndrome
The Battered Child Syndrome
Battered Woman Syndrome (BWS)
The term battered woman syndrome was introduced by psychologist Lenore Walker, who from
1978 to 1981 conducted interviews with 435 women in the Rocky Mountain Region of Colorado,
each of whom had been, or were at the time, victims of domestic violence.
Three Stages of the Battering Cycle
Stage 1: The Tension-Building Stage
This stage is characterized by a series of minor verbal and physical battering events which
Stage 2: The Acute Battering Stage
This stage is characterized by uncontrollable rage and destructiveness on the part of the
batterer which usually takes the form of beatings.
Stage 3: Contrite and Loving Behavior
This stage is characterized by a period of unusual calm during which the batterer attempts
Evaluation of Battered Woman Syndrome
Battered woman syndrome has been used as part of a defense for women who have killed
There is a distinct paucity of research establishing BWS as a bona fide reliable condition, which
undercuts the claim that the condition exists as a distinct diagnostic entity.
The defense of BWS is not raised now as often as it was in the 1990s. Instead, the defense is
now more commonly offered as a variant of posttraumatic stress disorder.
Rape Trauma Syndrome (RTS)
Burgess and Holmstrom coined the term Rape Trauma Syndrome in 1974. The syndrome is
divided into two general phases.
Acute Phase
In the acute phase, lasting several weeks after the rape, victims are said to experience
Long-term Phase
In the long-term phase, victims experience disorganization in their lives and must go through a
Criminal Trials and RTS
In the criminal trial for rape, evidence of RTS is usually introduced to put the victim's actions
into context and make her more credible. For instance, the prosecution may present an expert on
Evaluation of Rape Trauma Syndrome
A 1992 review of case law found that a frequent concern regarding RTS was the problem in
recognizing a single syndrome given the broad range of symptoms and responses exhibited by
different victims (Frazier & Borgida, 1992).
Automatism
Automatism is one of the oldest (and legally defensible) “syndromes” in existence. Its use dates
back to the old English common law, and it is recognized world-wide by most civilized legal
systems.
Factitious Disorder by Proxy (or Munchausen Syndrome by Proxy)
This syndrome derives from the adult form of Munchausen syndrome in which the patient
fabricates and/or induces his own symptoms and presents himself for treatment. But in factitious
disorder by proxy, children are presented for medical treatment based on fabricated illnesses
which may have been induced by the parent (usually the mother). These can include
psychological as well as physical symptoms.
Homosexual Panic (or Gay Panic)
Homosexual panic was first described in 1920 by Dr. Edward Kempf as an intense form of
anxiety, tension, and rage, experienced by an individual with latent homosexual tendencies, and
Black Rage
The origins of Black Rage Syndrome used as a defense can be traced back to the 1925
case of Dr. Ossian Sweet and his defense attorney Clarence Darrow. The defense was
successful in that case.
Road Rage
Road rage has received considerable attention in the media as a syndrome or pattern of
aggressive behavior.
Typically, road rage involves impulsive acts of violence committed against people whose
driving incurs the wrath of the perpetrator. The victim may be a pedestrian, bicyclist, or
other driver, and the offender's behavior may include rude conduct, obscene gestures,
Sexual Addiction Syndrome
Some researchers and clinicians have compared compulsive sexual behavior with
substance addiction, the latter of which is included in the DSM-IV-TR as a mental
disorder.
The lack of such research supporting the validity of such a construct suggests that
expert testimony on sexual addiction would fail under most legal standards for
admissibility. There are simply no studies available at this time to show that it can
be reliably distinguished from other disorders, that individuals with sexual addiction
SUMMARY
Psychologists and psychiatrists during the last two centuries have been advocating for
increased involvement in the courtroom and the legal system. This has resulted in a “parade of
experts” seeking to testify regarding all manner of psychological phenomenon and syndromes,
some of which are unsupported by scientific research. Psychologists and mental health
professionals have been injecting their expertise into the criminal justice system in such matters
as repressed and recovered memories of childhood sexual abuse. The case of the McMartin
preschool in 1987 is an example of what can happen when things like “recovered memories” are
The Battered Woman Syndrome has been introduced in criminal trials for the defense of
accused battered women who have killed their partners. By 1993 battered woman syndrome
gained legal acceptance in all state courts to assist the jury in evaluating the reasonableness of a
defendant's belief of being in mortal or imminent danger (i.e., self defense). Rape Trauma
Syndrome has also been used primarily as an aid to prosecutors in explaining apparently
inconsistent behavior exhibited by a rape victim.
The Polygraph Technique has been criticized for various reasons. Among these is that
some of this country’s most prolific and dangerous spies have repeatedly passed the test. Judges
in federal courts, and those jurisdictions who have adopted the federal rules of evidence or
Daubert standard must aggressively assume the role of gatekeeper and examine the relevance
and reliability of all proffers of expert testimony. The other ways of dealing with questionable
techniques and testimony is through the investigation and cross examination of the experts
themselves.
REVIEW QUESTIONS
1. What are false memories, source memories, and memory misattribution?
2. Within the context of memory, what is the meaning of repression and dissociation?
6. What is a syndrome and why are psychological syndromes so important?
7. According to Lenore Walker, what are the phases of the Battered Woman Syndrome?
10. What are the essential elements of the Rape Trauma Syndrome?
11. What is the legal reasoning behind a defense of “automatism”?
12. What are the essential ingredients of a Black Rage defense?
