When an eyewitness identifies a suspect in a crime, it can have a major impact on a trial. A judge and jury may believe that the eyewitness has no reason to lie about what they saw. If they take that statement as fact and the witness places the suspect at the scene of the crime, it could help lead to a criminal conviction.
However, DNA evidence has exposed the fact that many eyewitnesses make false identifications and mistakes. After all, DNA can exonerate people who were already convicted. In many of these wrongful conviction cases, part of the reason for the initial conviction is an eyewitness misidentification. The testimony was believed at the time of the trial, but DNA evidence shows that the eyewitness was simply wrong the entire time.
Why does this happen?
These issues can happen for many different reasons. Perhaps it is a simple case of the suspect looking similar to the person who actually committed the crime, so the eyewitness genuinely got confused.
In other cases, there are factors that impede the eyewitness’s vision of what took place. The crime may happen quickly, the eyewitness may be a significant distance away, or they may be focused on other factors, like whether or not the person is holding a gun—known as weapon focus effect—so they do not actually get a clear look at their face.
On top of that, human memory can certainly change and shift over time. The eyewitness may simply be remembering the events incorrectly, even if they do not realize it. Their memory is malleable, and it can change.
Legal defense options
It is very important to understand that eyewitnesses can be wrong, even when they sound like they are genuinely telling the truth. For those who are facing serious criminal charges, it is imperative that they know what legal defense options they have.