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Friday, July 12, 2013

Criminal Justice Quote: The "Refreshed" Memory of a Trial Witness

The common doctrine of what is known as "refreshing the memory" in actual practice is notoriously absurd. Witnesses who have made memoranda as to certain facts, or even, in certain cases, of conversations, and who have no independent recollection thereof, are permitted to read them for the purpose of "refreshing" their memories. Having done so, they are then asked if they now have, independently of the paper, any recollection of them. In ninety-nine cases out of a hundred it would be absolutely impossible for them really to remember anything of the sort. They read the entry, know it is probably accurate, and are morally convinced that the fact is as thereon stated. They answer yes, that their recollection has been refreshed and that they now do remember, and are allowed to testify to the fact as of their own knowledge.

Arthur Train (author and practicing attorney), The Prisoner at the Bar, 1926

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