Not everyone convicted of a crime is guilty. Prisons contain numerous people who have been wrongfully convicted.
One factor that leads to wrongful convictions is often eyewitness error. The Innocence Project, which uses post-conviction DNA testing to contest wrongful convictions, states, “More than 60% of our clients were wrongfully convicted based on eyewitness misidentification.”
Why does misidentification occur?
Some eyewitnesses knowingly misidentify someone or intentionally misrepresent what they saw because it is advantageous for them in some way. This said, most eyewitnesses do not set out to lie. They are just mistaken. Why does this happen?
Problems with the system
How the police phrase a question or carry out an identification lineup matters greatly. Whether intentional or not, some eyewitnesses are influenced to give the wrong answer by how the investigation is carried out.
Problems with the sighting
People see many things every day. Yet, how many of those do they see well? Most people are pretty unobservant, and there is a lot going on. Even when you try to look hard at something, your view may be obscured, shade might hide the details or something may distract you.
This is true for most people, including those who end up as eyewitnesses. Yet, because they are told what they saw is important, they try their best to help. They try extra hard to recall what happened and may end up unintentionally completing the scene with things they did not see or details they did not notice. They may also state things with more certainty than is warranted.
Problems with memory
One common mistake people make is to believe that memories are fixed when they are actually malleable. Every time you recall a memory, there’s a chance it goes back into your brain’s filing system altered. Eyewitness may recall and recount an incident so many times that their memory of it changes considerably.
You cannot rely on your innocence to save you when facing criminal charges. A strong legal defense is essential, especially when facing a mistaken eyewitness’s testimony.
