Abstract:
:Alcohol-related amnesia--alcohol blackout--is a common claim of criminal defendants. The generally held belief is that during an alcohol blackout, other cognitive functioning is severely impaired or absent. The presentation of alcohol blackout as scientific evidence in court requires that the science meets legal reliability standards (Frye, FRE702/Daubert). To determine whether "alcohol blackout" meets these standards, an evidence-based analysis of published scientific studies was conducted. A total of 26 empirical studies were identified including nine in which an alcohol blackout was induced and directly observed. No objective or scientific method to verify the presence of an alcoholic blackout while it is occurring or to confirm its presence retrospectively was identified. Only short-term memory is impaired and other cognitive functions--planning, attention, and social skills--are not impaired. Alcoholic blackouts would not appear to meet standards for scientific evidence and should not be admissible.
journal_name
J Forensic Scijournal_title
Journal of forensic sciencesauthors
Pressman MR,Caudill DSdoi
10.1111/1556-4029.12134subject
Has Abstractpub_date
2013-07-01 00:00:00pages
932-40issue
4eissn
0022-1198issn
1556-4029journal_volume
58pub_type
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