Eyewitness testimony can carry a lot of weight in a criminal trial. Most people assume that someone willing to report that they witnessed a crime likely did see what they say they did.
That assumption is misguided, however. While eyewitnesses may fully believe they saw a certain thing, they are often partly or wholly mistaken.
Memories change
A memory is not something you make once and keep forever. Memories of a particular event can change over time. Each time you recall the event or hear someone else’s version of it, slight adaptations may occur. Over time, it can result in something very different from the original memory you created. An eyewitness might pick up on things they read in the press or are told or overhear at the police station, causing their memory to align more with those versions than with what they truly saw.
Their view might not have been good
It’s important to consider where the eyewitness was when they allegedly saw something. Were they right there next to you, or were they at a distance that could make it hard to see clearly? Was their view long and uninterrupted, or was it just a momentary glimpse or maybe interrupted by the continuous passing of vehicles or people? How was the lighting? Was the area well lit or in darkness or shade?
They might not see well
Some people see better than others. It’s why some kids need to sit at the front of the class to see the chalkboard, while others can read it from the back. It’s why some drivers need glasses and some don’t. Investigating an eyewitness’s level of sight and whether they were wearing contact lenses or glasses they use could be helpful.
If you can cast doubt on the reliability of an eyewitness account, the case against you may crumble. It’s important to learn about all your defense options if you are facing criminal charges.