Fallibility in the Criminal Process: an analysis of lies and false memories

DOI: 10.5281/zenodo.14187423

Abstract

This article seeks to carry out a critical study. An analysis of lies and false memories aims to reflect on their fallibility and possible impacts on the Criminal Process beyond their simple operationalization. It is not a question of developing a pure encouragement of evidential relativism, but of building a vision that makes it possible to demonstrate and substantiate the evidentiary framework in a way that respects the particularities of each human being and the natural erasure of the deponents' memory. With the huge increase in erroneous convictions, based exclusively on the recognition of people, there was a need for studies within Criminal Procedural Law. Initially, the question is about to the (im)possibility of facilitating convictions based exclusively on the recognition of people without following the regular procedure ordered by law and the synthesis of cognition of the depositors and their inalterability for the purposes of alleged perpetrators of a crime. However, the purpose of this article is to demonstrate that testimonial evidence must be based on direct sensory experiences of the declarants. Furthermore, we seek to question, above all, the fallibility of the Criminal Process and its soundness in the chain of custody.