Typically, eyewitness testimonies/narrations are vital evidence in criminal cases. They can sometimes be the only evidence the prosecutor has against you. An eyewitness is under oath when testifying at trial, and judges often give them a lot of credibility. Nevertheless, there are challenges to the testimonies’ validity, and a false or inaccurate testimony can have negative consequences. Your defense lawyer can help you determine the testimony’s validity and whether you can suppress the proof from your case to build a robust case defense strategy.
Effect of Eyewitness Testimonies on Criminal Charges
Eyewitness testimonies are individuals’ accounts of witnessing a crime or an event. They describe the incident as it occurred in the eyes of the individual who saw the crime unfold, including identifying the people present, the perpetrator, and the event details.
Prosecutors and investigators believe that nobody can provide a finer account of how an incident took place than the person present when the defendant committed the crime. Juries also find the testimonies highly reliable. Nevertheless, witness testimonies are sometimes not always precise and can lead to wrongful convictions, negatively affecting the lives of those suspected of violating the law.
While eyewitnesses testify in the interest of justice, they might be mistaken and offer incorrect details that can result in an innocent individual facing conviction for an offense they do not know about.
Human memory does not operate like a machine. A machine can record, retrieve, and store information correctly. On the other hand, eyewitnesses construct and interpret details as they see them. Interpretation and construction happen after the occurrence, and there are ways to tell what the memory interpreted, constructed, or recorded is and what took place.
Witnesses’ memories are sometimes formed over time based on their rationalization of what occurred. Moreover, other people’s suggestions can distort eyewitness memory.
Factors That Can Contribute to Eyewitnesses Making Mistakes
Any mistakes a witness commits could significantly impact a criminal case’s outcome. Some factors that might result in an eyewitness making an error, which crime investigators and juries ought not to ignore, include the following:
The Use of a Deadly Weapon
Many severe crimes that require robust evidence are committed with or using lethal weaponry, like a gun. Victims of these offenses tend to focus on the weapon rather than the culprit. Hence, the likelihood of an eyewitness making an error when identifying the suspect is high because their attention was primarily on the deadly weapon. It could be that the eyewitness could not see the offender’s clothes or their face. However, their minds can attempt to compute all the information, including the individual brandishing a firearm. This increases the chances of identifying the wrong defendant.
Extreme Confidence Level
Some eyewitnesses could be super-confident about everything they experienced or saw during a criminal incident. Other witnesses might be uncertain of the day’s happenings. Eventually, there will not be a tremendous difference in accuracy or errors. It does not imply that a super-confident eyewitness is correct and that the non-confident witness's narration is inaccurate. The confidence level does not increase the degree of accuracy.
Anxiety or Stress
An individual can experience some level of anxiety or stress following a traumatic incident, including seeing a violation of the law. It is a misconception that stress enhances someone’s senses. Individuals with stress cannot correctly account for what happened in a specific event or properly identify a culprit.
Different Racial Misidentification
Individuals of a different race from yours might appear similar. You must know an individual to promptly notice the variation between two individuals of the same race. It can be a reason why witnesses make mistakes when providing testimonies. Identifying an individual of a different race is overwhelming. Hence, any person with the physical appearance of the offender will seem like the perpetrator to the witness.
Influence Of Case Facts
Before providing testimonies, many witnesses recount the criminal events with other observers and interested parties. Over time, they develop an account of what they perceive they saw, which can just be a figment of their imagination.
Sometimes, vital eyewitnesses unconsciously modify their memories to agree with other observers, interfering with the truth.
Identifying Suspects Under Pressure
Scrutinizing and investigating serious offenses can pressure everyone, including law enforcement agents, criminal investigators, and innocent individuals who witnessed the crime commission. The police officers might not demonstrate to the witness, but requiring them to recognize and pinpoint the offender can result in them feeling under pressure during the identification process. Sometimes, police officers provide photographs of alleged suspects with similar characteristics. Under pressure, the witness could choose based on what first comes to mind. Law enforcement agents will take the selection seriously and can arrest the individual even when the witness makes an error.
In other words, if a witness feels pressured by the police to provide information, they can try to fill in the blanks when asked questions instead of admitting they do not know. Generally, eyewitnesses are motivated by the desire to solve the criminal matter.
The National Institute of Justice has set guidelines for things investigators must remember when working with eyewitnesses. They include the following:
● Encouraging the witness to volunteer details without prompting
● Encouraging the eyewitness to report every detail, including trivial information
● Asking open-ended questions and ensuring augments have closed-ended specific questions
● Warning the witness from guessing
● Requesting the witness to recreate the circumstances surrounding the crime commission mentally
● Encouraging the witness to use non-verbal communication
● Refraining from interrupting the witness
Several Culprits
The existence of many suspects can make it more challenging for a witness to recall precisely what the alleged offenders looked like. Note that criminal acts happen in a flash, and seeing and comprehending what is occurring might not be enough. Due to a lack of preparedness, it becomes even more challenging for the human brain to process multiple people’s physical features simultaneously.
Psychological Transference
Individuals unconsciously redirect emotions or feelings about one individual to a different person. For example, a witness can quickly point at a familiar face, irrespective of whether that individual is the perpetrator. If the witness has previously encountered the individual and their memory is unclear, they could identify them during the line-up. Consequently, the individual might face criminal prosecution for criminal conduct they did not engage in.
Judicial Council of California Criminal Jury Instructions on Eyewitness Identification
The jury is responsible for determining whether an eyewitness's testimony is accurate and truthful. When evaluating the identification testimony, the judge should consider the questions below:
● Did the eyewitness contact or know the accused before the alleged crime commission?
● How well did the eyewitness see the suspect?
● Were there different circumstances impacting the witness's ability to see, including distance, observation duration, weather conditions, obstructions, and lightning?
● Did the eyewitness narrate the occurrence of events? If yes, did the narration compare to that of the accused person?
● Did the eyewitness change their mind about the identity of the crime perpetrator?
● Are the defendant and the witness of the same race?
● Did the witness identify other crime participants?
● Did the witness identify the accused person in a physical or photographic lineup?
A witness’s expression of certainty about an identification, whether made at or before the trial, might be an unreliable indicator of accuracy. Therefore, the judge might consider the following factors when analyzing the importance of the witness’ certainty:
● How long after the crime did the eyewitness show certainty about their identification?
● If the eyewitness identified the suspect before the trial hearing, did the witness express sureness during the identification?
● Was the witness confident before the identification?
● Did law enforcers use any procedure to improve the witness’ degree of confidence?
Moreover, the Sixth Amendment to the United States Constitution allows you to have your lawyer present during your pretrial lineup. The attorney should explain what to expect and identify errors that could lead to mistaken identification and eyewitness accounts. The legal professional will also prevent the law enforcers from using suggestive and trial tricks that might influence witness accounts.
Legal Defenses to Eyewitness Testimonies in Criminal Cases
There are numerous ways that your defense attorney can challenge an eyewitness testimony, including the following:
Challenging Eyewitness Misidentification
Police officers use the photo array and the line-up as perpetrator identification strategies.
Regarding the photo array, the law enforcers ask the witness to pinpoint the suspect from more than six pictures displayed with cardboard cutouts or in a line-up. The photographs show the suspects’ faces and do not include other physical features like body shape, mode of dressing, weight, or height.
On the other hand, in the line-up, a law enforcer can have many people stand or sit next to one another while the eyewitness attempts to identify the suspect from a different side of a mirror. This procedure permits the eyewitness to see the individuals and compare them with their recollection of the suspect’s appearance. The witness can see all individuals’ body language, weight, height, and walking style and analyze their demeanor.
These identification procedures should abide by the constitution’s due process clause, and investigators must administer them fairly. According to the Supreme Court, the identification process breaks due process when it results in a significant possibility of misidentification and is unnecessarily suggestive.
You can challenge the photo array identification by arguing that:
● The suspect’s photo is outdated (For instance, you can urge that you wear neck-length hair, but the images in the array demonstrate a partially shaved person)
● The police used the same photo in at least one (1) photo array. A keen observer will notice the repetition, whereas the repetition can guide a less observant observer.
● The image differed from other photos, leading the witness to conclude that the police officer was telling them something.
You can challenge the line-up identification by arguing the following:
● The police line-up happens months after the crime commission
● The lighting condition differs from that at your scene of crime
● The police were pressuring the eyewitness
● The decoy in the line-up does not satisfy the suspect’s basic description
● The eyewitness has previously seen you in the photo array
● The eyewitness is uncomfortable being in the same space as the alleged perpetrator and consequently rushes the process
You can also challenge the line-up procedure if the police deny you your right to legal representation. After the prosecution against you starts, you are entitled to be notified of a pending line-up and have your defense attorney present. The attorney will ensure the process is fair and protects you. If the police violate this right, the prosecution cannot use the identification as proof against you at trial.
Your attorney can fight the illegal identification process by filing a motion to suppress. The motion requests that the court throw away the evidence so the prosecution cannot use it against you.
Exposing Prejudices
If the eyewitness knows the defendant, animosity could cause the witness to falsely identify the accused. For instance, if the two are not getting along, the eyewitness could be using the criminal case to seek retribution from the accused.
In this case, your lawyer should review the ulterior motive influencing the witness’s desire to testify. The legal professional should present this information before the jury and question the witness’s credibility.
Your lawyer can also cross-examine the witness at trial by challenging the authenticity of their proof and showing inconsistent evidence presented during the testimony offered at trial and discovery. If discovery before trial produced different answers than testimony at the trial, it would question the reliability of the evidence.
During the cross-examination, your lawyer can ask leading questions that suggest answers. The questions limit the answers that the witness can give.
Challenging the Witness’ Vision
Sometimes, witnesses do not see what they believe they witnessed. You can challenge the witness’ vision and explore barriers to perception.
For instance, if you allegedly committed the crime at night or at a distance, it could have been challenging for the eyewitness to see you, the suspect. If there was an obstruction to vision or limited time to identify you, you and your defense attorney should explore this information.
Challenging the Eyewitness’ Memory
There is always a significant period between the offense commission and trial. Even during a grand jury court hearing, the eyewitness might only be repeating what they previously mentioned, further cementing the testimony even when it is inaccurate.
You should fully explore any head trauma or memory challenge. You should challenge any inconsistent details in the records. It can include the eyewitness identifying particular features following the crime commission and then identifying an individual in the lineup with different features.
Moreover, you can challenge the eyewitness’ emotional status. If the crime has affected them or they are an alleged victim, they might be stressed or under duress. Consequently, the heightened emotional state can affect the accuracy of their account of the incident.
How to Increase Your Chance of Obtaining the Best Possible Criminal Case Outcome
Suppose you are facing a criminal charge and are concerned that mistaken eyewitness testimonies could impact the judge’s decision. In that case, it is wise to find strategies to increase the chances of a favorable outcome.
First, avoid attacking the eyewitnesses personally, mainly if they are vulnerable and likable. Do not refer to them as liars or make them feel dishonest or immoral. Instead, capitalize on the variations between what they said when the police first contacted them and what they said at trial. Proving that the witness has something to benefit from is another way to reduce the effectiveness of their testimony.
When satisfied with a witness, the prosecution team might not investigate the matter effectively. If you are a victim of mistaken identity, a competent attorney can help you. The lawyer will handle the matter from the beginning and prevent unpredicted issues resulting in injustices during your trial.
The attorney can also convince the judge to reduce or drop the criminal charges. If that is impossible, the lawyer can request that the judge make the testimony inadmissible.
Other reasons why you should seek skilled legal assistance include the following:
● Your lawyer will know when to engage an expert witness who can refute or explain the witness’ testimony
● By investigating the case thoroughly, your attorney will understand the case, identify gaps in the prosecutor’s evidence against you, and develop a strong case defense.
Find Aggressive Legal Representation Near Me
Eyewitness testimonies play a crucial role in trials, often influencing jury verdicts and the outcome of a criminal case. Judges place a lot of weight on the accounts of individuals who saw the circumstances surrounding the offense. This is due to the human inclination to believe other people’s experiences and the persuasive nature of narratives. Nonetheless, witness testimony can be unreliable and prone to psychological and environmental factors, from misidentifying suspects to cognitive prejudices to memory biases.
The knowledgeable legal team at Los Angeles Criminal Attorney is attentive to identifying gaps in eyewitness testimony against you while assisting you in navigating your case’s legal complexity. We can offer valuable insights into the matter, challenge all questionable testimonies, and build a strong case defense to protect your future and rights. Please contact us at 424-333-0943 to schedule your confidential consultation and learn how we can offer the representation and advice you require and deserve.
