Memory is powerful, but it’s not perfect. When it comes to criminal cases, eyewitness testimonies can seem credible, but they often fail to tell the full truth. The science of memory shows why this happens—and what it means for justice. If you’ve ever wondered why two people can recall the same event so differently or how memories can fail us, keep reading.
How Memory Works (and Why It Can Fail Us)
A Look Inside the Human Brain
Memory isn’t a single, simple function. Your brain stores information in different “types” of memory. There’s sensory memory (short, fleeting details), working memory (temporary info you need now, like a phone number), and long-term memory (those big things you’ll never forget—hopefully).
Here’s the tricky part. Every memory is shaped by how it’s stored (encoded) and then retrieved later. But this process isn’t flawless. Every time you recall a memory, your brain can alter it slightly. Imagine remembering a party—you might unknowingly mix in details you heard later. It’s no wonder our recollections aren’t always as accurate as we believe.
What Can Mess Up Your Memory
Stress, anxiety, and trauma—these take a toll on memory. Witnessing a crime is a high-stress moment, and your brain might prioritize survival over detailed recollection. Time makes things messier too. The longer the gap between the event and the memory, the fuzzier those details can get.
Biases can sneak in as well. Our brains love to “fill in the blanks,” especially when details are missing or unclear. Hearing other people talk about the event or being asked leading questions can change how you remember things. When you’re dealing with eyewitness accounts, all these factors can add up to an unreliable testimony.
Are Eyewitnesses Reliable?
The Role of Eyewitness Testimonies
Eyewitness accounts have long been a powerful force in courtrooms. They can tip the scales in a trial, convincing judges and juries of a defendant’s guilt—or innocence. But relying on memory can backfire. Faulty testimonies play a role in wrongful convictions, imprisoning innocent people while the actual perpetrators walk free.
Even confidence doesn’t guarantee accuracy. A witness might swear they’re certain about a detail, but research shows that confidence and reliability don’t always go hand-in-hand. These challenges make it critical to evaluate eyewitness testimonies carefully—because the stakes are just too high.
Common Challenges in Eyewitness Testimonies
False memories are one of the biggest issues. People can strongly believe details that never happened—especially if they’ve been influenced by outside factors like leading questions. For example, if someone hears, “Did you see the red car?” they might later “remember” seeing a red car even if it wasn’t there.
Another issue is how memory changes with time and suggestion. If a witness talks to others about what they saw or encounters other versions of the story, their memory might morph. It’s not intentional—it’s just the brain being human.
What Science Tells Us About Memory Distortions
The Influence of Misinformation
One major way memory gets distorted is through the “misinformation effect.” This happens when someone’s memory is altered by new, misleading details after the event. Something as simple as hearing a question phrased a certain way can influence recall.
This effect is why lawyers, law enforcement, and judges must handle witness questioning carefully. One bad question can change everything.
Protecting Justice with the Right Defense
Understanding the limits of memory is crucial in criminal defense cases. Faulty eyewitness testimonies can have life-altering impacts, making it essential to question them and explore the science behind them. Recognizing these pitfalls allows attorneys to challenge unreliable accounts and ensure their clients receive fair treatment.
At Guy L. Womack & Associates, P.C., we know how to handle the complexities of criminal cases—from military to federal cases. We also understand the role memory can play. If you’re facing charges or dealing with a case where eyewitness testimonies could affect the outcome, we’re here to help.
When your future is on the line, having the right defense strategy matters. Call us at (713) 364-9913 to speak to our experienced team. We’ll work with you to understand your case, protect your rights, and build the strongest possible defense.