In almost every criminal trial, there is at least one eyewitness. Eyewitnesses are called to testify and give their version of events.
Before trial, witnesses generally give a formal statement to the police. This helps police investigate the case. However, in court, the witness is not allowed to look back on their statement. They must give their version of events again and answer questions about it.
Sometimes, the version of events given in court is nearly identical to that given in the police statement. However, that isn’t always the case.
Eyewitness testimony can be unreliable. Here are a couple of reasons why.
Stressful events can cloud the memory
If a crime has been alleged, then there is a chance that the entire situation surrounding the alleged crime was frantic. The witness may have been stressed. Their adrenaline may have been pumping, meaning that they were more focused on surviving than what was going on. In stressful situations, the body’s fight-or-flight response kicks in, which can have a negative impact on memory.
Time lapsed before the trial
In some cases, it can be several months or even years before a case goes to trial. While the memory is often assumed to work like a camera that captures and stores events that can be replayed later, this isn’t the case at all.
Most people do not have a photographic memory. This means that events can only be recalled to the best of one’s ability. Over time, memories erode. After several months or a year, the witness may remember very little about the event at all.
Seeking legal guidance when facing criminal charges is very important. Your defense team may be able to challenge the validity of eyewitness testimony and other evidence.