Essay On Eyewitness Testimony

The eyewitness testimony is a crucial part of any case presented before a judge and a jury. It affects the decisions immensely and can mean the difference between conviction and a free walk for a criminal. The validity of the testimony is crucial to convicting the right person, though even when the person is under oath, mistakes can be made. Eyewitness testimony is a complicated business, though many believe it hurts more than it helps in many cases due to distractions and third parties. An eyewitness testimony is defined as an account given by people who have seen an event take place. It is often used in court cases for the jury to better understand the facts from the eyes of a person who saw the actually event happen. Per law, eyewitness are prohibited to lie while under oath. “Perjury is defined as knowingly making a false statement—merely misremembering is not a crime” (Engelhardt). Witness’s can be caused to “misremember” a crime
Almost none of the people who view a crime saw it with no distractions. A car crash, for example, could be scene while the witness was on the phone or in a hurry to get somewhere. This would cause the witness to change their own perception of the scene. “Furthermore, witnesses can distort their own memories without the help of examiners, police officers or lawyers” (Engelhardt). This can be the cause of many problems because it would be almost impossible to know whether or not the witness had changed their own memory without knowing. In the moment of the crime, memories can also be combined due to feelings during the scene or personal recollection. “We also are susceptible to combining various bits of information with our memories and calling them our own” (Pappas). This can cause many problems for lawyers and juries because their would be almost no way to prove that this testimony was wrong unless there were other eyewitness