The Credibility of Memory in Court

The Supreme Court heard oral arguments last month about the reliability of witness testimony in case where a New Hampshire man was convicted of theft. The most persuasive evidence in that trial was an eyewitness account of a woman who claimed she saw the man from a distance at night. While the Court showed skepticism about whether there needs to be an additional safeguard in the law addressing the unreliability of witness testimony, a lawyer for the New Hampshire man argued that eyewitness testimony contributes to 75 percent of wrongful convictions.

Indeed, scientific research on the reliability of memory and its role in the criminal justice system has shown that witness testimony should be viewed as a general sketch of a story instead of a precise recording of events, according to a report in The New York Times. Studies conducted over 20 years support the notion that instead of serving as "the centerpiece of prosecution," eyewitness testimony needs to be handled with "the same fragility and vulnerability to contamination," in order to make such testimony more reliable in court. 

Some researchers said that witnesses are being asked questions by police and in courtrooms that are not possible to answer with complete accuracy because human brains "are not wired to retain every facet of an event." Even in crimes involving weapons, witnesses tend to focus closely on the weapon, remembering those details with accuracy, but will not notice other details present during the event. 

Many wrongful convictions are based on suspect lineups. Gary Wells, a psychology professor at Iowa State University, and his team researched whether a witness is likely to select accurately a suspect from a traditional lineup versus a lineup where various suspects are shown to the witness in sequential order. Dr. Wells' report showed that a traditional lineup is less accurate because "if the real perpetrator is not in there, there is still someone who looks more like him than the others," according to the article. 

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