Eyewitness testimony is often wrong. It’s difficult to tell just how often eyewitnesses make mistakes, but we know that they do. DNA evidence has exonerated many individuals who were falsely convicted, and the biggest reason why is misidentification from eyewitnesses.
Part of the problem here is that these eyewitnesses themselves do not know that they are wrong. They believe that they remember events correctly. So why is it that they make such crucial mistakes, which can be proven after the fact using DNA evidence?
Your memory can change
There are many potential reasons, but one of the biggest ones is just that memory can change over time because it is malleable. It is not static. People often think of a memory they have in the same way as a video that they recorded on their phone. Every time they watch the video, it’s exactly the same.
But with memory, every time someone calls up that memory or discusses it, it can actually change. These could be very minor changes, but they can also be major ones. New information could be introduced and then incorporated into this memory.
The person who is trying to remember the events that took place believes that their memory is fully accurate, so that’s how they testify in court or identify an alleged criminal. But since the memory has changed, it’s not actually the same as the events that took place, leading to these critical errors.
Your defense options
This can cause some significant issues during a criminal case. If you’re facing charges, make sure that you know exactly what legal defense options you have.