If you are facing a criminal trial as the defendant, you are likely experiencing significant stress and uncertainty regarding your future. If an eyewitness steps forward to testify against you, it might feel like you have no chance of securing an acquittal.
The good news is that eyewitness testimonies are not always accurate. You can give yourself peace of mind by understanding what makes eyewitnesses fallible and how your attorney can adequately defend you in the face of eyewitness testimony.
Are eyewitness testimonies infallible?
Eyewitnesses are far from infallible, and many wrongful convictions result from eyewitness misidentification. There is a high rate of error among eyewitness identifications due to the fallacy of human memory and biases that the individual might hold toward specific groups. It might also be the case that the police or prosecution will inform the witness’s testimony through subliminal suggestion.
Will the jury always believe an eyewitness?
Even if you know an eyewitness’s testimony is faulty, the jury might believe the story anyway. However, you can defend yourself against erroneous testimony that paints you negatively. You can build your defense on the fact that the eyewitness is fallible by emphasizing that their memory focuses more on weapons or objects or that their emotional state is under trauma.
Eyewitness testimonies are not always accurate and often contain many errors due to faulty memory, bias, or suggestion. In the face of incriminating eyewitness testimony, the outcome of your jury trial will depend on the quality of your defense and the ability to discount the witness’s credibility.