Neuroscience and Law: Unveiling Racial Biases in Memory-Dependent Evidence
Eyewitness Identification. Racism. Neuroscience. Criminal Selectivity. Implicit Racism. Cross-Race Effect
This research investigates eyewitness identification evidence through the dialogue between neuroscience and law, analyzing how false memories and racial biases impact its reliability. The study is structured in five chapters addressing: neuroscience contributions to understanding memory; the phenomenon of false memories and its legal implications; racist biases present in the criminal justice system; the legal nature and procedures of memory-dependent evidence; and the jurisprudential shift regarding mandatory compliance with personal identification procedures. The methodology combines national and international interdisciplinary bibliographical research, documentary analysis, and qualitative and quantitative analysis of the Acre State Court of Justice's jurisprudence concerning the transition from the mere recommendation paradigm to mandatory compliance with Article 226 of the Criminal Procedure Code, following Habeas Corpus No. 598.886/SC and 652.284/SC. The results demonstrate that unjustified non-compliance with legal procedure, coupled with lack of knowledge about false memories and the presence of racial biases, compromise the reliability of this evidence. The study proposes the incorporation of neuroscience findings into identification procedures as a guarantee of fair criminal proceedings and emphasizes the need for criminal justice system actors to receive training on racial biases and false memories.