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Removing Memories? Implications for the Criminal Law

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This piece at ABC news discusses new applications for a drug called propranolol , an older antihypertensive medicine now being researched for "erasing memories" of past bad events. In true popular news fashion, ABC's suggestion that propranolol could erase memories is a bit over the top: people have been taking propranolol for years with the noted side effect of slight to modest memory impairment. Nonetheless, using drugs to erase memories presents some interesting questions. Given that propranolol is being considered as a treatment for post traumatic stress disorder via its memory impairing propensities, one wonders how this could play out in our criminal law. If a victim of a horrific crime, say rape, is given this drug and then subsequently called to testify in the criminal proceeding, would her memory of that event be immediately suspect? Even though rape prosecutions are purportedly rare, our recent criminal law is replete with problems related to memories.

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