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The fatal error of eyewitness memory: Why seeing is not always believing?
In the field of criminal law, eyewitness testimony is considered a form of direct evidence. However, according to the Innocence Project, eyewitness misidentification is the leading cause of wrongful convictions nationwide. This not only highlights the fragility of eyewitness testimony, but also reveals the challenges facing the legal system in this regard. In many cases, there is a huge gap between eyewitness memories and the truth, which has even alarmed the research community of cognitive science.
Eyewitness memories are susceptible to a variety of factors, which can make their testimony potentially unreliable.
A Case of Error in Eyewitness Identification
The Innocence Project has helped exonerate 214 men who were wrongly convicted based on eyewitness testimony. One of the most striking cases is the story of Jennifer Thompson. In 1984, in North Carolina, Thompson was attacked. Faced with this horrific situation, she tried hard to remember what her attacker looked like. However, DNA testing ultimately revealed that Thompson had identified a truly innocent person.
Thompson's false testimony, which led to the imprisonment of an innocent man, reminds us that the reliability of eyewitness memory is questionable.
Reasons for eyewitness error
There are many reasons for eyewitness error, which can be divided into "systematic variables" and "estimated variables". The former refers to the procedural factors in the police's evidence collection process, while the latter refers to the characteristics related to the viewer's situation.
System variables
During identification procedures conducted by police officers, many factors may affect the accuracy of the identification. For example, when police show photos that don’t include the actual suspect, witnesses may rely on “relative judgment” to choose the person who looks most like the suspect. Proper management of such procedures can significantly enhance the credibility of the evidence.
When designing police investigation procedures, best practices should be followed, such as ensuring that suspects are clearly distinguished from innocent persons and using blind testing methods for identification.
Estimation variables
Factors related to the witness' own emotional state and the scene they observe can also affect the accuracy of identification. For example, when witnesses are faced with high-pressure situations, their recollection of events is often unreliable. Further research showed that the accuracy of cross-racial identification dropped significantly, and even when there was a history of face-to-face encounters, the success rate of identification remained a problem.
External factors such as stress, anxiety, and racial differences can significantly affect the accuracy of eyewitness memories, which deserves attention in the legal system.
Legal opinion on eyewitness identification evidence
In the United States, the justice system has gradually realized the fragility of eyewitness testimony. The U.S. Supreme Court has historically emphasized that the reliability of eyewitness testimony requires further review. There are still legal challenges regarding eyewitness expressions of confidence, as the eyewitness' subsequent testimony is often influenced by a variety of external factors, which in turn affects the fairness of the case.
The legal system needs to adopt a more rigorous approach to improving the authenticity and reliability of eyewitness evidence.
In addition to improving understanding of eyewitness psychology, the quest to improve police identification procedures is ongoing. As society becomes more aware of these issues, the legal profession must adapt to these changes to ensure that justice is better served. Ultimately, can we truly trust eyewitness testimony to determine a person’s innocence or guilt?
