Both common sense and research say memory declines over time. The accuracy of recall and recognition are at their best immediate

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问题     Both common sense and research say memory declines over time. The accuracy of recall and recognition are at their best immediately after encoding the information, declining at first rapidly, then gradually. (46)The longer the delay, the more likely it is that information obtained after the event will interfere with the original memory, which reduces accuracy. Admittedly, subsequent interviews or media reports can create such distortions. (47)"People are particularly susceptible to having their memories modified when the passage of time allows the original memory to fade. and will be most susceptible if they repeat the misinformation as fact."
    Leading questions can lead to mistakes. If witnesses are asked whether the offender had a beard, they may incorporate an imaginary beard into their memories. Subsequent questioning can reinforce the error through repetition.
    It is generally agreed that the memories of adults and children are fallible. Nevertheless, even preschoolers can form reliable memories. Young children depend on context to promote memory, and naturally report less. Children may recall more information with adequate support, but the type of support and questioning is critical. Methods of drawing out information have to be carefully monitored.
    Although research shows the accuracy of both adults and children can be affected by leading or suggestive questions, the ability to resist the influence of external suggestion increases with age. (48)Children may change their account of an event, not because their memory has altered but because they wish to comply with the suggestion of an adult in authority, or because they interpret repeated questioning as an indication that their first response is judged wrong.
    An area of research still relatively unexplored is whether young children have difficulties distinguishing between real and imagined events. We conclude that while children are often seen as unreliable witnesses, research does not bear that out. (49)The code provides alternative ways for children to give evidence to increase accuracy, and gives judges guidance on what to tell a jury to help assess the evidence of very young children.
    It is generally agreed some adults who experience sexual abuse may recall memories of the abuse after forgetting it. There is no research to indicate the recalled memories are more or less accurate than memories available all along. We believe it is impossible to distinguish a true from a false memory and it is dangerous to use confidence, vividness and detail as indicating truth. (50)False memories can be induced under hypnosis, and experiments have indicated it is possible, although difficult to implant false memories of entire events by suggestion.
    Hopefully, further research is required into interview techniques and conditions under which false memories and reports of abuse are most likely to arise. It seems that deciding whether any memory is to be finally assessed as reliable or the treacherous ally of invention will largely remain a challenge for judges and juries.


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答案该法规提供了儿童作证时提高精确度的几种办法,并指导法官如何让陪审员协助评判年幼儿童的证词。

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