Eyewitnesses have been a key part of solving crimes and making decisions in court for a long time. When a witness points out a suspect in court, it can greatly affect jury decisions. But sometimes, witnesses make mistakes and identify the wrong person, which can lead to wrongful convictions. What causes these errors?
Witnesses rarely have ideal conditions for visibility.
The conditions when the witness saw the suspect matter, and conditions at a crime scene are rarely ideal. If it was dark, if the suspect was far away, or if the witness only saw the suspect for a short time, it may be harder to remember and identify the person correctly. Stressful or quickly changing situations make it even tougher for witnesses to remember the right person later on.
The record created by human memory is often flawed.
Our memories are not perfect. We do not remember everything exactly the way it happened. Memory changes and can be wrong because of stress, especially if a crime is happening. If there is a weapon involved, witnesses might only focus on that weapon and not on the person holding it. Over time, even if a memory is wrong, a person might still be confident that they remember correctly.
The things people experience may influence their memory.
Eyewitnesses can also be suggestible. The information that a witness receives after the event can impact how they remember it. This is known as “post-event misinformation.” For example, subtle cues or leading questions by law enforcement can unconsciously guide witnesses to identify a particular individual as the perpetrator. Even subtle cues or phrasing can lead an eyewitness to recall events or individuals differently.
Race matters when making identifications.
Identifications of people of different races are particularly prone to error because people are less accurate in identifying individuals of a race different from their own. This is a crucial issue in diverse societies where eyewitnesses may frequently encounter individuals of different races.
For those facing criminal charges, it is essential to understand the potential pitfalls of eyewitness identification. In many cases, questioning the reliability of eyewitness identification is not just about casting doubt. It is also about ensuring a fair and just trial based on reliable evidence.