Eyewitness Testimony is Not Always Reliable in Tennessee

On behalf of Chris Pittman at Patton | Pittman

There are numerous factors that may impact the accuracy of eyewitness testimony, which could result in people being convicted of crimes they did not commit.

Historically, law enforcement agencies and juries in Clarksville, and throughout Tennessee, have placed significant stock in the testimony of eyewitnesses. This is, in large part, because the statements of those who actually saw what transpired are believed to be one of the strongest types of evidence. Testimony and identifications from eyewitnesses are not always as reliable as they seem, however.

As a result of faulty eyewitness testimony, people are frequently convicted of crimes they did not commit, including assault, battery and robbery. In fact, the Innocence Project reports that misidentifications by eyewitnesses contributed to over 70 percent of the convictions that were eventually overturned using genetic testing.

Why Is Eyewitness Testimony Unreliable?

There is a common misconception that the human memory is like a video recorder. As such, many believe that events are recorded in the mind, and can be recalled and played back exactly as they occurred. This is not the case, however.

A report by Scientific American points out that memories are actually reconstructed when they are recalled, not played back. Consequently, there are numerous factors, which may impact how people perceive and remember events. Typically, these factors may be categorized as system variables or estimator variables.

What Are System Variables?

Some factors that affect the accuracy of eyewitness testimony may be controlled by the criminal justice system. These are generally referred to as system variables, and include the methods law enforcement officers use to draw information out of the memories of those who witness alleged crimes. According to the American Bar Association, physical and photographic lineups are the primary types of system variables.

There are a number of factors, which may contaminate lineups. For example, if pictures of different sizes, or with different lighting, are used, it may cause one person to stand out over the others to a witness. Likewise, including too many photos in a lineup may also cause identification errors. In cases when the law enforcement officers who are conducting lineups know who the suspect is, they may unconsciously suggest which person the witness should choose.

What Are Estimator Variables?

Other factors, which may impact the reliability of eyewitness testimony are outside of the criminal justice system's control. These factors, according to the American Bar Association, are known as estimator variables. Some of the most common estimator variables include the following:

• The distance between the witness and the alleged suspect
• The lighting in the area where the claimed offense occurred
• The witness' age
• The witness' level of intoxication
• Racial biases
• The amount of time that passed between the event and the identification

Furthermore, psychological stress at the time of alleged crimes may also affect witnesses' ability to perceive and recall events. Similarly, witnesses' attentions may be drawn away from the suspects in assaults, robberies or other purported offenses that involve the use of a weapon. Later, this may affect their ability to make a reliable identification.

Working With an Attorney

When proper protocols are not followed, or too much weight is placed on eyewitness identifications, people in Tennessee may be wrongfully convicted. In order to protect their rights, and their futures, those who have been charged with criminal offenses may benefit from obtaining legal representation. An attorney may help them to establish a sound defense, which may include questioning the accuracy of eyewitness identifications and testimony.