Right, iThere is no need to "get around" it as long as CR maintains 'silence' on what may have occurred during that "blocked memory" period. The prosecution would have to prove CR really didn't experience a "blocked memory" episode. How do you prove that? A history of "blocked memory" episodes helps the defense; if this is a first-time "blocked memory" event, it significantly helps the prosecution in that it could be presented as 'proof' that CR at least subconsciously knew what he was doing was wrong (read: heinous) that he blocked that memory. I believe this pivots on whether or not CR's defense can prove a history of such episodes occurring stressful or highly-emotional circumstances. MOO
I suppose the prosecution could ask the judge to permit/order a hypnosis interview to 'help' CR 'unblock' that memory.
I was just saying it will be very diffucult to prove that he actually had a true blackout , not that he " blocked out the memory." The memory has to be there in the first place to block it out. He is trying to make us believe that there was a moment in time during an event that was so traumatic for him that he has no recollection at all. In order to prove this, I believe they would need legitimate background information, I would think. He probably has no medical records, or at least very little, and I am thinking they would also need witness testimony to back it up. Or rather the prosecution needs to prove that he has no medical history, or there is nothing in the results of the psychological testing that would support that he has black outs. I just have a hard time thinking a jury will believe him if this happens to be the only episode he has ever had. It's way to convenient. He can say he went into a fog or trance or whatever he wants to say. That's what I meant by saying good luck to the defense.