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Eyewitness testimony linked to most false convictions 

On Behalf of | Aug 29, 2024 | Criminal Defense

We know that false convictions happen. DNA evidence has proved it. Researchers have used DNA to exonerate hundreds of individuals who were convicted, spending decades of combined time behind bars for crimes that they never committed.

This, of course, raises the question of how many other innocent people are still in jail. Perhaps those who have already been exonerated are just the tip of the iceberg. Or maybe they are the only ones lucky enough to have DNA evidence that clears them, whereas other innocent people simply do not have that evidence at their disposal and cannot prove their innocence.

But if false convictions are so common and the ramifications are so serious, then why do they happen? Reports point to eyewitness testimony.

Eyewitnesses are not reliable

The issue is that an eyewitness may sound honest and trustworthy to a jury, but they are not actually that reliable. They could be getting the details wrong. They may make an inaccurate identification of the subject.

There are a wide variety of reasons why. Human memory is malleable, for instance, so, the witness’s memories of the event may simply have changed. The witness may also not have had a good vantage point, or they may have been focused on a weapon, causing them to make a misidentification later. Most eyewitnesses are not being malicious, but simply making mistakes.

Since these mistakes could lead to a wrongful conviction, though, those who are facing charges need to know what legal defense options they have. If you are worried about a wrongful conviction, it can help to have an experienced legal team on your side.