Eye Witness Testimony

Eyewitness testimony, which relies on the accuracy of human memory, can have an impact on the outcome of a trial.  The memory of a witness is key not only in criminal cases but in some types of civil cases as well.  For example in a car accident, eyewitness testimony of events can carry some influence in determining who is at fault, especially when they are being asked questions by the police.

Most witnesses are cooperative as they want to help.  Although witnesses try hard to identify the true criminal, when they are uncertain--or when no one person in a lineup exactly matches their memory--they will often identify the person that best matches their memory of the offender.  Often their choice is wrong.  Additionally, there are circumstances where a law enforcement official may push his/her agenda onto a witness.   Eyewitness testimony has come under increasing scrutiny in the past several years because of its unreliability. Studies have shown that eyewitness identification can be wrong almost 50% of the time. Most of the time these are good citizens trying to help the police and are either confused or their details of an event change over time.  Unfortunately, there are also some cases when an eyewitness will lie in order to help a family member or friend by stating inaccurate facts or providing false alibis.  Sometimes these false testimonies are financially motivated, especially when dealing with family members.

In order to understand why eyewitness’s testimony is often wrong, it is important to remember that the human memory does not function like a camera.  A camera captures a scene or an event exactly as it happened and stores it permanently as it was, it does not change over time. Memory, however, can change and vary over time, based upon several factors.  When someone experiences an important event or a trauma, it is not simply captured like a picture. Rather, the person obtains bits of information from the situation they are seeing only through their senses. The evidence from an event is combined with information already stored in memory as well as facts that happen after the event occurs, and even with the individual’s prior life experiences. The result of this mixture is what ends up becoming a person’s ‘memory’ or ‘recall’ of an event.  This is why often times two people who witness the exact same events can have totally different versions of what they witnessed.  Their previous bias as to what has occurred blends with what they actually saw to give them their version of the events.  For example, a witness who was a prior victim of an assault may incorporate their own personal experiences into their memory of the current event.

In addition, after an event is over, memory fades. The more time that lapses between when a person experiences something and the time they try to remember it, the poorer the recollection of the events tends to be. Also, it is key to keep in mind that the more time that passes from an event, the more susceptible one’s memory is to outside influence or after-event information blending with the actual events that occurred. After this combination occurs it is usually very difficult to separate information which came from the event itself from information which was learned and became incorporated later on. Examples of this are hearing others talk about the events from their perspective, leading or misleading questions from law enforcement, reading about the event in the newspapers or watching about it on the news.  The information from these sources can change the perspective of an eyewitness dramatically. The results of this in the ultimate memory then become more inaccurate and harder to rely on for testimony.

At Boehmer Law, we have done many trials and interviewed many witnesses.  We have the knowledge and experience to see how these matters may impact your case.  If you have any questions regarding a legal matter, please call Boehmer Law today to see what we can do for you.  Your first consultation visit is always free.  We will listen to your circumstances and explain how we can help with your case.  Call Boehmer Law today.  636-896-4020 or visit www.boehmerlaw.com for more information about our award winning and nationally recognized law firm.

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