The anxiety is very real for anyone who has been in an interrogation room or on the witness stand and cannot provide basic details about a crime for which they are a suspect. It is clear that questioners doubt the veracity of the answers provided. Why is it that some people are completely unable to recall the type of vehicle, the style of clothing of others at the scene, or other important facts? Why can’t they remember? They were present, after all! While some prosecutors may view this inability to produce details as a sign of suppression or lies, there may be a more feasible explanation: aphantasia.
Aphantasia: Understanding the Condition
When a person can’t produce a mental picture of previous events, it may be because they have a condition called aphantasia. This condition can affect anyone, irrespective of a person’s intelligence level, attention level, or degree of sincere effort to recall. It is a cognitive ability that is simply non-existent for about four percent of the population. Sufferers find that it is literally impossible to summon up an image of a scene, a person, or, in some cases, even the sequence of events relative to a particular experience. This is not a problem of merely having a bad memory. It is the inability to picture things in one’s mind and recall those things at will.
Why is it a Problem in Court?
The obvious drawback for individuals with this condition in a courtroom is that credibility is generally associated with accuracy and truthfulness, as judges, juries, and others evaluate. As such, a person who produces inexact or nominal details, whether as a witness or as a suspect, can seem unreliable, which can mushroom into unbelievable. When a judgment is made that testimony in an interrogation room or on the stand is coming from someone who is not credible, it can stain the entire case in a damaging way, with the ultimate possibility of generating a wrongful conviction.
Addressing Negative Impressions Caused by Aphantasia
We all know that it can be extremely difficult to change initial impressions. That is why it’s important for a defense attorney to recognize Aphantasia, educate the jury about its effects, and establish that typical law enforcement interrogations do not serve those with the condition very well. Reliability factors are flexible, so stressing the other strengths of a case that back a version of events in which the defendant’s account is believed is the goal. Above all, it is important to demonstrate to jurors that the lack of a visual memory is not tantamount to a lack of credibility. Building a defense, then, should lean more heavily on elements other than visual memory, such as:
- Diagrams that order events for individuals who are spatial thinkers;
- Timelines of events created based on known facts;
- Calendar entries that might prod a defendant’s memory;
- Receipts that can clarify questions of what, where, or when;
- Time stamps, audio recordings, or video recordings;
- Phone, email, and other digital records;
- Anchors or routines of the defendant.
Protecting You and Your Rights
The experienced criminal defense attorneys at Boertje & Associates always fight for the best possible outcomes for our clients. If special circumstances like aphantasia are an issue, we will deal with them. To discuss, schedule a confidential consultation in our San Diego office today.