Why Eyewitness Testimony is Unreliable

Several important studies have recently been conducted on how faulty our perception of events can actually be. However, until you see it and experience for yourself, most of us tend to disbelieve that there could be a problem. In fact, in those cases where an eyewitness to a crime is so absolutely convinced they are correct, is usually when they have made a mistake. So how do you educate a jury about the problems with eyewitness testimony?

Experts help, but also conducting simulations in the courtroom are very, very powerful. It takes a top notch lawyer to bring out the fact that the police have identified the wrong person. One typical example I have often used is to change my tie during a break with while the first officer is testifying. I will then ask the officer, "Now you are a trained observer, correct?"

"Yes, counselor."

And you had the chance to observe me here in the courtroom for the past 30 minutes while you answered my questions, looking directly at me, correct?"

Yes, counselor."

"Can you tell this jury if I am wearing the same tie now as I was when we first started?"

GULP!

From there I do this with every other officer, sometimes changing my tie, and sometimes not.

Do you think they get it right?

Hardly ever.

Science and psychology in the courtroom!

Lawyers are called upon to educate juries in all different areas to be effective. Social and psychological sciences is only one area that an attorney needs to learn to be a top trial lawyer.

Hopefully, if any of you are ever on a jury, you will remember that eyewitness testimony is NOT the most reliable. In fact, The Innocence Project has secured the release and overturned convictions of over 200 people that were originally convicted on the basis of eyewitness testimony.

Don't believe it.

Then watch this video. The test starts about 1:20 minutes into the original.