Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in 72 percent of the convictions overturned through DNA testing. In case after case, DNA has proven what scientists already know-that eyewitness identification is frequently inaccurate.
While eyewitness testimony can be persuasive evidence before a judge or jury, 30 years of strong social science research has proven that eyewitness identification is often unreliable. Research shows that the human mind is not like a tape recorder. Our brains don’t record the events exactly as we see them, nor recall them like a tape that has been rewound. Instead, eyewitness testimony is like any other evidence at a crime scene. It must be preserved carefully and retrieved methodically, or it can be contaminated.
Elizabeth Loftus is one of the leading psychologists in the field of eyewitness testimony. She has provided extensive research on eyewitness testimony that challenges the credibility of eyewitness testimony in court. She suggests that memory is not reliable for many reasons, and provides extensive support for her arguments.
I have extensive experience with eyewitness testimony and the research done in this field. Please call our office if you would like me to review your case.