Forget me not: Thoughts on the crossroads between law and medicine in assessing claims of amnesia

Abstract

Mental health professionals are frequently utilised within our criminal justice system to reconstruct criminal behaviour.  One of the major obstacles facing such assessment process relates to the situation where the evaluee claims total or partial memory loss (“amnesia”).  The latter presents a challenge to both forensic practitioners attempting to meet specific legal standards, as well as legal practitioners towards the effective presentation of their cases.  The most difficult aspect pertaining to the assessment of amnesia is ascertaining its authenticity and as such distinguishing true from malingered or “feigned” amnesia.  In this article an overview will be provided as to the nature of amnesia, the major sources of amnesia as well as the legal approach to amnesia canvassed against the backdrop of the interplay between law and medicine in the assessment of amnesia.