The Fallibility of Memory and Fact Finding

The Fallibility of Memory and Fact Finding

Central Park Theatrette, 152-158 St Georges Terrace, Perth WA

5.00 pm - 6.30 pm AWST (7.00 pm - 8.30 pm AEST) In person and online

The nature of the trial process proceeds on the assumption that the fact finder is able to assess the reliability and credibility of a witness giving oral evidence. Findings from psychological research and neuroscience studies indicate that memory is a reconstructive process that is susceptible to distortion. Questions arise as to a whole range of aspects of the imperfection of human memory. The legal system as a whole has not adopted all of the research findings on memory even though these findings may have implications not only for eye witness testimony but for how evidence is assessed. Professor Ullrich Ecker is a cognitive scientist studying human memory, and in particular the impact of misinformation on memory, reasoning, and behaviour. He works at the University of Western Australia's School of Psychological Science.

Justice Craig Colvin will offer commentary on Professor Ecker’s presentation from the perspective of a trial judge. He was appointed to the Federal Court of Australia in 2018. Prior to his appointment he was a member for the Independent Bar, since 1995, and was appointed Senior Counsel for Western Australia in 2001. Justice Colvin practised in commercial and civil disputes, particularly in the areas of economic regulation, contract law, administrative law and equity.

Further information can be found on the flyer.

If you would like further information please email AALSecretariat@academyoflaw.org.au