Fighting For The Underdog

Fighting For The Underdog

Factors that impact eyewitness testimony

On Behalf of | Oct 11, 2023 | federal offenses | 0 comments

In courtroom dramas, eyewitness testimony often plays a pivotal role. Jurors and judges depend on the accounts of individuals who claim to have seen events unfold with their own eyes. However, the reliability of eyewitnesses has been a subject of considerable debate and scrutiny in recent years.

According to the Innocence Project, eyewitness testimony was a factor in 252 of 367 U.S. exoneration cases as of 2020.

Memory issues

When it comes to eyewitnesses, it is important to recognize that human memory is not infallible. The brain is not like a video camera, recording every detail with precision. Various factors can influence the recollection of events. Stress, emotions and the passage of time all may cloud the accuracy of a memory. This means that what eyewitnesses believe they saw might not align with the facts.

Power of suggestion

The power of suggestion can also impact reliability. The way law enforcement or prosecutors frame questions during interviews or interrogations can inadvertently implant false memories in a witness’s mind. When police or investigators ask leading questions, they can unintentionally influence an eyewitness to remember details that did not occur, thereby compromising the accuracy of their testimony.

Human perception

It is also important not to ignore the fallibility of human perception. Studies have shown that the brain often fills in gaps, leading people to believe they saw things that were not there. This phenomenon, known as inattentional blindness, can lead eyewitnesses to miss crucial details or even remember events that never took place.

While eyewitness testimony is a valuable tool in criminal investigations and legal proceedings, it requires an apprehensive approach because it could be inaccurate. The legal system must consider the limitations and use other forms of evidence to corroborate eyewitness testimony whenever possible.

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