When an eyewitness gives an account of what they believe happened at the scene of a crime, they may think that they are recalling it accurately. This is part of what can make their testimony sound so trustworthy. They truly believe that they are telling the truth, as does the jury.
For this reason, however, it is important to note that memories can and do change. Often, they shift slightly every time someone recalls that memory. Human memory is simply not as stable or accurate as people believe.
This can become crucial during a criminal case, where that person may spend a lot of time thinking about what happened or telling the story to others who are involved in the case, such as the jury or investigators. Each time that they talk about what they witnessed, or even just think about it on their own, the memory could change slightly.
Eyewitness misidentification
This can lead to some significant problems with their testimony. For instance, one of the top reasons for wrongful convictions is eyewitness misidentification.
But it may not be that the eyewitness is maliciously identifying the wrong person. Instead, they are simply focused on an unreliable memory of the event. They make a mistake and believe they have made the correct identification, when the suspect in question was not actually involved or present at the scene of the crime.
Your defense options
These types of issues can cause serious problems with eyewitness testimony during a criminal case. If you are facing charges, it is very important to understand all of the legal defense options at your disposal.