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Law Offices of

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Pennsylvania Criminal Defense

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  4.  » Why eyewitness testimony is often unreliable

Eyewitness accounts are a cornerstone in legal proceedings and investigations. However, a closer look reveals the inherent unreliability of such testimony. Many factors contribute to the frequent inaccuracies associated with eyewitness accounts.

These factors challenge the notion that what people see is always an accurate reflection of reality.

Memory distortion and reconstruction

Human memory is malleable. Memories are not static recordings. Instead, they are dynamic and subject to distortion over time. Stress and anxiety can impact an individual’s ability to recall details. So, too, can the presence of weapons. After a crime, the process of memory reconstruction can inadvertently introduce errors. This can lead to witnesses trying to fill in gaps with information that may not be accurate.

Influence of leading questions, suggestions

How eyewitnesses field questions can also shape their recollections. Leading questions or suggestions by law enforcement or investigators can implant false memories. This can influence the witness’s account. Subtle cues during interviews may also guide witnesses toward certain conclusions. When this occurs, it can lead to an inaccurate representation of events.

Cross-racial identification challenges

Individuals may struggle to identify faces of people from different racial or ethnic backgrounds. This highlights the potential for misidentification when witnesses and suspects belong to different racial or ethnic groups. Such misidentifications can have serious consequences. This is especially true in legal contexts where accurate identification is key.

Post-event information and confirmation bias

Exposure to post-event information can also compromise the reliability of eyewitness accounts. Witnesses may integrate external information into their memories. This can cause a form of confirmation bias. Once a witness has a certain version of events, he or she may filter out conflicting information. This may be a subconscious action. However, in doing so, the witness may reinforce his or her initial perception.

Per Teach Democracy, inaccurate eyewitness identifications play a role in about half of all wrongful convictions in the United States. Recognizing the limitations that hinder the accuracy of eyewitness testimony helps encourage fair legal proceedings.