Board-Certified Criminal Defense Representation In Central Florida

What’s the problem with eyewitnesses in criminal cases?

On Behalf of | Nov 1, 2023 | Criminal Defense |

Eyewitness testimony has long been regarded as a powerful tool in criminal investigations. It can sway juries, convict the guilty and exonerate the innocent.

However, this seemingly powerful piece of evidence is not without its flaws. The credibility and accuracy of eyewitnesses have come under scrutiny in recent years, raising concerns about the reliability of their accounts and about the practice of allowing this kind of testimony to make or break a criminal case.

The unreliable nature of human memory

Human memory is unlike a video recording that captures events perfectly and accurately. It is subject to various biases and distortions. Memories can be influenced by suggestion, time and even the mere act of recalling the event.

When someone is asked to remember an event, their brain can reconstruct the memory, filling in gaps with assumptions and details that may not have actually occurred. This phenomenon is known as memory reconstruction. The implications of memory reconstruction are profound in criminal cases. Eyewitnesses may genuinely believe in the accuracy of their testimony, but their recollection of events can be inherently flawed.

The impact of stress and anxiety

Criminal situations are often highly stressful and emotionally charged. The presence of a weapon, the fear of harm and the urgency of the situation can all contribute to heightened stress and anxiety levels. When individuals are under such duress, their ability to accurately perceive and remember details may be compromised.

Research has shown that stress and anxiety can lead to tunnel vision, where an individual’s focus narrows to the immediate threat. This can result in a limited field of view and a skewed perception of events. Consequently, an eyewitness may miss important details or even inaccurately identify a suspect due to the overwhelming stress of the situation.

Confirmation bias in eyewitness testimonies

Confirmation bias is a cognitive bias that occurs when individuals interpret new evidence as confirmation of their existing beliefs or theories. In the context of criminal cases, this means that once an eyewitness forms a belief about a suspect’s identity, they are more likely to interpret subsequent information as confirming that belief, even if it’s not accurate.

Confirmation bias can lead to the creation of a false memory, where an eyewitness genuinely believes in the accuracy of their testimony, but their belief is based on a flawed foundation. Legal proceedings can lead to wrongful convictions and a miscarriage of justice.

Eyewitness testimonies are a double-edged sword in the criminal justice system. While they can provide valuable insights into criminal cases, they are far from infallible. The unreliable nature of human memory, the impact of stress and anxiety and confirmation bias all contribute to the potential pitfalls of relying solely on eyewitness accounts.