Before there was technology, there was eyewitness testimony. Eyewitness testimony refers to an account given by people of an event they have witnessed. It is historically among the most convincing forms of evidence in criminal trials. The only thing more convincing than an eye-witness is a signed confession. We trust that what the person on the witness stand is telling the truth. But as technology has become more prevalent in our legal system, we are realizing more and more the inaccuracy of eyewitness testimony.
In the 1980s DNA analysis revolutionized forensic science. DNA provided an unprecedented level of accuracy about the actual perpetrators. DNA testing led to the review of many settled cases. According to the Innocence Project, 358 people who had been convicted and sentenced to death since 1989 have been exonerated through DNA evidence. Of these, 71% had been convicted through eyewitness misidentification and had served an average of 14 years in prison before exoneration. Clearly, eyewitness testimony is not as reliable as most jurors believe.
Why is eyewitness testimony unreliable?
The first reason is the anxiety and stress. A study found that people who saw a film of a violent attack remembered less information about the event than a control group who saw a less stressful version.
The second reason is the theory of reconstructive memory. It is crucial to the understanding of eyewitness testimony. This theory states that recall is subject to personal interpretation which depends on our learnt culture norms and values, and the way we make sense of the world. It is a common belief that our memory works like a videotape where you can replay events and remember them exactly how they occurred. However, in reality, we extract meaning from the things we have experienced and that shapes our memory of the event.
Additionally, there is the idea of weapon focus. This refers to an eyewitness’s tendency to focus on the weapon used in a crime at the expense of other details of the situation. This is not the case in every eyewitness testimony but it can be a very powerful influence.
There is also the issue of racial bias when it comes to eyewitness testimony. Eyewitnesses have the same biases as everyone else in the population. Their bias affects how much information they retain about a suspect. Eyewitnesses also remembered Black suspects’ faces more accurately when they witnessed a crime that is usually associated with other races, such as serial killings. Witnesses also tend to pair the worst crimes with people with darker skin. A 2016 study called “The Bad is Black Effect” found that when participants were asked to identify perpetrators, they were more likely to choose darker-skinned individuals for more heinous crimes.
There is also the “cross-race” effect that has major implications for eyewitness testimony and the outcomes of criminal investigations. Research has demonstrated that when a witness is asked to identify a stranger, misidentification is over 50% more likely if they are of a different race.
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So, why do we still today believe in the power and truthfulness of eyewitness testimony?
One reason is likely because of its popular use in the media. If you have ever seen a movie involving any criminal trial, you probably remember the key role that the eyewitness testimony played. The news, television shows, and movies all put an immense amount of emphasis on eyewitness testimony and the influence it can have.
Another reason is that eyewitnesses often come across as sincere and confident. This makes them extremely persuasive but not necessarily correct. Jurors often empathize with eyewitnesses and think about what it would be like to be in their shoes. This makes them see the eyewitness as sincere and confident.
Witnesses often believe that their memory is correct but in reality their memory is distorted unconsciously. They think that they can strongly recall the event because of its traumatic nature. But in reality, they might be missing out on some key components of the event which could influence the accuracy of their testimony.
Lastly, confirmation bias most often plays a role in eyewitness testimony. This happens when a juror sees that an eyewitness’s testimony can be confirmed by a videotape or other physical evidence. They are more likely to believe the eyewitness and ignore the instances when their memory was wrong.
But should eyewitness testimony be completely disregarded in a criminal trial? The answer is that eyewitnesses can still prove as a valuable resource if gone about the correct way.
Eyewitness testimony is most reliable when the witness is interviewed immediately following the event. It goes without saying that as time passes, our memory fades. Criminal trials usually take place long after the initial crime has occurred. Therefore, it is important that witnesses be interviewed as soon after the event as possible to record their observations that can be used.
Also important in determining the trustworthiness of eyewitness testimony is the role that law enforcement plays. Some witnesses may feel pressured by law enforcement to provide information about a crime. They might attempt to fill in the blanks when asked a question that they do not completely know the answer to. Law enforcement officers can intentionally or unintentionally reinforce witness’ expectations as they are questioning them. The wording of interview questions, verb use, and invented details are all things that law enforcement can intentionally or unintentionally use to influence a witness.
If we are aware of these possible compromises to eyewitness testimony then we can try to limit the possible false testimony that can occur by paying attention to solving these problems.
Overall, it is clear that with the development of new technology, eyewitness testimony has become a much less reliable source of evidence in a criminal trial. However, it is also clear that it is still a common belief that this testimony is extremely reliable and should be believed. If we can identify the possible sources of error in eyewitness testimony, we can spread awareness and limit the false information that eyewitness testimony sometimes brings up.
https://www.simplypsychology.org/eyewitness-testimony.html
https://www.verywellmind.com/can-you-trust-eyewitness-testimony-4579757
I’m a huge fan of drama “cop shows”, I’ve watched every episode of Criminal Minds, Chicago PD, and Law & Order. You are definitely correct. Eye witness testimoney can be very unaccurate. Technology, such as cameras, have done a much better job describing and showing events that unfolded. I still believe eye witness testimoney is useful but technology is the most impactful in today’s society.
As much as it is valued in society, I always thought eyewitness testimonies are very unreliable. At least for me, it seems difficult to create a verdict on the basis of a few people’s experiences. As you’ve outlined in this blog, there also exists a racial component to this, meaning that eyewitness testimonies can be formed based on previous biases. I think this definitely calls for more reform in the judicial system.