Eye Witness Testimony: When Witnesses Are Mistaken (Pt. 1)
October 31, 2014
When people are accused of crimes, some of the evidence against them can include eye witness testimony. While such eye witness testimony is often compelling, what defendants and jurors should realize is that various factors can lead to eye witnesses:
- Mistakenly identifying someone as the perpetrator of the crime
- Misremembering important details of the incident
- Providing damning and misleading testimony in court.
In this two-part blog series, we will take a closer look at why eye witness testimony is not always as reliable as it may seem and what may be done to point out the problems with mistaken or erroneous eye witness testimony. If you or someone you love has been accused of a crime, don’t hesitate to contact an experienced Denver metro area criminal defense lawyer at the Griffin Law Firm.
Why Eye Witness Testimony May Not Be Reliable
Some of the factors that can lead to unreliable eye witness testimony can include (but are not necessarily limited to):
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The circumstances of the alleged crime – In fact, where and when an alleged crime occurred may impact whether or not witnesses actually saw what happened versus whether they are drawing their own conclusions.
For instance, when a crime occurred at night and witnesses were some distance from the incident, there can be a lot of room to argue that the eye witness testimony is mistaken, especially if the witness in question has vision problems, was not in the direct line of sight of the incident, etc.
- Pressure to ID the perpetrator – In some cases, eye witnesses may feel pressured to identify someone as the perpetrator of the crime even if or when law enforcement officials may tell them that they do not have to ID anyone.Such perceived pressure can lead eye witnesses to make false identifications, and any doubts these witnesses may have had may not end up coming to light unless a skilled defense lawyer is able to shed light on them during cross-examination.
- Multiple alleged perpetrators of the crime – Mistaken eye witness testimony is far more likely to occur when there are multiple alleged perpetrators of a crime.
We will resume our discussion regarding some of the factors that can contribute to mistaken eye witness testimony in the second installment of this blog series that will be posted soon – be sure to check it out!
Denver and Boulder Metro Area Criminal Defense Lawyer at the Griffin Law Firm
If you or your loved one has been arrested for and/or formally charged with any crime, the Denver and Boulder Metro Area defense lawyer at Griffin Law Firm wants you to know that he is ready to immediately start providing you with the strongest possible defense against police and prosecutors – both outside and inside of the courtroom.
Regardless of the type of criminal charges you may be facing, our trusted Denver and Boulder criminal defense attorney will work relentlessly to help you obtain the best possible outcome to your case.
To receive a complete evaluation of your case, along with professional advice regarding your best options, contact us by calling 303-280-1070 or by emailing us using the form at the top of this page.
The accused are innocent until proven guilty and we believe everyone deserves to be treated fairly.
Christopher Griffin
It is our goal to ensure that every person charged with a crime is given the experienced and caring representation they deserve.
Christopher Griffin