Excerpt from the paper Dr. Samuels referenced (Amnesia and Crime):
Malingered Amnesia
Another interpretation of crime-related amnesia
acknowledges the likelihood that some offenders intentionally fabricate memory loss to avoid punishment for a crime or for other personal gain. While an early study reported that 20 percent of the offenders claiming amnesia were fabricating the memory loss,73
it has been suggested that the rate of malingering is higher.116 The likelihood of malingered amnesia may be greater in offenders with antisocial personality disorder.31,84 Using polygraphy, Lynch and Bradford84 showed that offenders with antisocial personality disorder have a higher propensity to feign amnesia for crimes, compared with those with no personality disorder or other psychopathologic disorders. It has been suggested that offenders with antisocial personality disorder may be prone to malingering amnesia for crimes in part because of the tendencies of manipulation, habitual deceit, and a general poverty in major affective reactions that characterize this disorder.31,84 Other authors have noted the possible contribution of low intelligence and frontal executive dysfunction to the feigning of amnesia for crimes.3,117
However, as it is possible that highly intelligent malingerers are more adept at feigning amnesia for crimes and may thus evade detection and less frequently receive a diagnosis of malingering, further research may help to clarify a link between low intelligence/frontal executive dysfunction and feigned amnesia.
Furthermore, from the same study: In accepting evidence supporting the validity of amnesia claims, it seems clear that
the important issue should be determining how to distinguish between genuine amnesia, whatever the cause, and malingered amnesia in cases raising an index of suspicion. Despite several attempts to solve this dilemma,2,11–13,84
there is still no clear answer.
If anyone is interested in reading more!
http://www.jaapl.org/content/35/4/469.full
Are we going to see this in the rebuttal phase? :giggle::giggle::giggle::jail: