If you are facing criminal charges, one thing that the prosecution can employ against you is eyewitness testimony. While they can be compelling, they are not always as reliable as people believe.
Here are some things you should look at if you want to challenge an eyewitness account.
1. The witness’s eyesight
Some people need prescription glasses or contact lenses to see things close up or far away. Many people do not always wear those they are prescribed. Some people forget them occasionally, others do not like wearing them. If an eyewitness with a prescription was not wearing glasses or lenses, they might not have seen things as clearly as they say.
2. The witness’s view of events
If you have been to the theater or a concert, you’ll know that some seats have a better view than others. Being further away from the action or having a pillar in the way can reduce your ability to see clearly. When they dim the lights or release smoke, it can be difficult to see anything at all. The same is true for eyewitnesses. They don’t always have a perfect view of events, and the poorer their view, the less reliable their account will be.
3. The witness’s memory
Some people have photographic memories. They can see something once and remember almost every detail perfectly. These people are in the minority, and most people’s memories are variable at best. Some people’s memory deteriorates due to illness. Others with generally good memory have fuzzy memories of certain days or nights due to alcohol, drugs or a lack of sleep.
Memory of a particular event is not fixed either. It can change over time, perhaps incorporating additional details learned from other sources.
An eyewitness testifying against you can certainly make defending against criminal charges more difficult, but with the help of an experienced and skilled attorney, you are better able to succeed in your defense.
