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The problem with eyewitness testimony

On Behalf of | Jul 24, 2024 | Criminal Defense |

When they take the witness stand, an eyewitness in a criminal case may seem very convincing. They give their account of what happened, and it may seem to jurors like they remember the events accurately. If they say that a suspect was at the scene of the crime, the jury is likely to believe them.

Is that eyewitness correct? Some research indicates that they may not be. DNA evidence has been used to overturn some prior convictions. In most of these convictions, a determining factor was that an eyewitness identified the person. However, DNA evidence showed that the eyewitness was wrong. Why does this happen?

Memory isn’t a video camera

Part of the problem is that people think of their memory like a video camera. If you shoot a video on your phone and then watch it a year later, it’s exactly the same as when you recorded it. People think that their memory works the same way, so they assume that whatever they “remember” is exactly how their brain recorded those events – and exactly how the events took place.

The brain doesn’t work that way. Memories can change. Over time, new information can be added to these memories. The more time someone thinks about an event, the more they can alter their own perceptions. They may become convinced that they remember something that never took place.

This is certainly not the only reason for false convictions, but it does help to show some of the issues with eyewitness testimony and why anyone facing charges needs to be aware of their legal defense options and have experienced guidance.