Reliability of Children's Testimony in the Era of Developmental Reversals

A hoary assumption of the law is that children are more prone to false-memory reports than adults, and hence, their testimony is less reliable than adults'. Since the 1980s, that assumption has been buttressed by numerous studies that detected declines in false memory between early childhood and young adulthood under controlled conditions. Fuzzy-trace theory predicted reversals of this standard developmental pattern in circumstances that are directly relevant to testimony because they involve using the gist of experience to remember events. That prediction has been investigated during the past decade, and a large number of experiments have been published in which false memories have indeed been found to increase between early childhood and young adulthood. Further, experimentation has tied age increases in false memory to improvements in children's memory for semantic gist. According to current scientific evidence, the principle that children's testimony is necessarily more infected with false memories than adults' and that, other things being equal, juries should regard adult's testimony as necessarily more faithful to actual events is untenable.