A reliable eyewitness can be a great help to the defense of a criminal case should their testimony be requested.
As important as having a dependable witness could sometimes be, criminal attorneys must also consider that there are times when eyewitnesses may not be as reliable as we would like them.
Most people believe that eyewitness testimonies are critical to a case and tend to believe such witnesses; however, research has shown that poor eyewitness accounts with incorrect identifications are a significant factor in wrongful convictions.
This proves to be true often because eyewitness accounts can be affected by a number of the following things.
1. Conditions At the Scene
Unless a witness saw the crime happening in perfect lighting, at the perfect angle, and in overall perfect conditions, criminal defense lawyers must consider how accurate their testimony may be.
Environmental conditions must always be taken into consideration when witnesses testify, as lighting, distance, and weather can all affect what a person actually sees even if are convinced of what they saw.
Additionally, stress-related environmental factors like seeing someone with a gun, witnessing violence, or observing an accident can also play a part in how well a person can make accurate identifications.
2. Lineup Procedures
Research on lineup procedures indicates that there are many times when the procedure itself is not performed correctly, resulting in a witness being swayed one way or another.
Criminal defense attorneys stress that for any lineup to be valid, it must be performed by someone with no prior knowledge of the suspect and whether he or she is in the lineup as well as being sure to record the witnesses examination of the lineup without recording it.
If the above doesn't happen, witnesses can end up believing they see the suspect in the lineup and feel required to make a choice, even if they aren't sure of who or what they saw.
Memory Deterioration
Though it’s commonly thought that the human mind retains complete memories that do not change over time, this isn’t actually true.
Because science has even proven that human memories of past accounts can deteriorate and change as time goes on, criminal lawyers must also take this into account when questioning eyewitnesses.
What they saw when the incident happened may not be what they remember seeing later on.
Memory Contamination
Along similar lines as memory deterioration, there is also memory contamination which is what happens when a witness remembers things differently than what actually happened for a number of reasons.
Criminal attorneys find that this can happen when witnesses are contacted by people involved in a case or when new information is obtained about an event, whether from in person, on the news, and other occasions.
Eyewitness Testimony Reliability
The accurate testimony from a strong, confident witness can bring forth essential details to a criminal case; however, criminal defense lawyers know that these testimonies can be inaccurate in various ways.
For this reason, it’s essential that defendants retain an attorney with trial experience who can effectively challenge witnesses should the provided testimony sound a bit less than accurate!
Reynaldo Garza, III
Downtown Brownsville
Principal Office
680 East St. Charles St, Suite 600
Brownsville TX 78520
956-300-2260
