Research findings suggest that memory can be influenced in a number of ways. Errors in everything from sensory information, to encoding, to retrieval can affect an individual’s ability to recall information accurately. This is particularly important when we look at the role of an eye-witness in a criminal hearing. Eye-witness testimonies play a large role in deciding the outcome of criminal cases. An eye-witness testimony refers to an account given by people, of an event that they have themselves witnessed. These testimonies have a powerful impact on jurors whom decide the fate of people on a daily basis. With that great of an influence, it is important that these testimonies are as accurate as possible. Recent finding however, have raised questions as to exactly how accurate these testimonies really are. As of 2012, DNA evidence has exonerated 341 people in the United States who had been wrongly convicted of a crime. (Goldstein, 2015) Of those individuals, 65% were convicted in cases that included an eye-witness testimony. (Goldstein, 2015) There is a case to be made that there are some deficiencies in eye-witness testimony and they begin with an individual’s ability to recall information, and the interference that may occur.
Contrary to popular belief, memories are not exact replicas of the original event. Two people standing the same distance from an event, my see the event in completely different ways. Perception plays a huge role in how we remember things. Top-down, and Bottom-up processing heavily influence our perception, so it is safe to say that our individual experiences play a role in how we are able to recall information. This often leads to situations where multiple eye-witnesses will have completely different stories. For instance, two people could witness a domestic dispute, and have a different testimony as to who was the aggressor, based on how they perceived the event to occur.
Another factor that can affect the ability of an eye-witness to recall information accurately is conditions, and disabilities. I recently served on jury duty, and the case I was on used an eye-witness testimony. The witness claimed to see the defendant put a black backpack in a garbage can. The black back pack was found by police with drugs and a firearm. The eyewitness testified that the defendant was the person they saw put the backpack in the trash can. It was however dark outside, and the eyewitness wore glasses, and the defense attorney argued that it was impossible to actually see the suspects face. The eye-witness eventually admitted that they hadn’t had a clean look at the suspects face. The eye-witness pointed out that they frequent the area, and the suspect shared “a lot of similarities” with the individuals whom usually hang out in that area. The eye-witness let their personal experiences insert bias into their testimony, but it could also be argued that being dark outside, and having vision issues also played a role.
There have been countless examples showing that eye-witness testimony is not as reliable as once was thought. Numerous convictions have been overturned due to advances in technology and the use of DNA. As we begin to better understand memory and how it works, we are finding that memory is not an exact copy of what has occurred. Taking that into consideration, we must look at eye-witness testimony not as a finite answer to what has occurred, but as an unintentionally biased account from an individual perspective.
Goldstein, E. B. (2015). Cognitive psychology: Connecting mind, research and everyday experience. Stamford: Cengage Learning.