If our memories were perfect, we would
never need to study, we would never have to prepare grocery lists or write down
someone’s phone number. Unfortunately, these are activities that everyone does
constantly throughout their lives. It comes as no surprise that when the
average person is asked to remember specific details from a past event, their
memory falls slightly short of the truth. Eyewitnesses are important and can
provide details to a case that would otherwise remain undiscovered, however; it
is important to keep in mind that the human memory is not perfect. Even worse,
if we suffer gaps in our memory, we tend to fill that empty space with details
that make sense to us, but may not be true.
In a New York Law Journal article written
by Florina Altshiler, she discusses the pros and cons that Eyewitnesses bring
to a trial. The article brings up several key points that describe the
situations eyewitnesses find themselves in and how their memory is affected by
each.
First, consider the potential cases in
which an eyewitness are considered to be valuable. Cases involving car
accidents, shootings, assaults, or robberies may occur quickly and under
extreme stress. A person witnessing such events must process a lot of
information within just a few minutes, sometimes seconds! Now think of memory
as it is formed. Every person has their own opinions, biases, and ideas of how
things should be. This does have an effect on how we remember things. Even a
person’s mood has an effect on their willingness and ability to remember parts
of their day.
Here’s an example: Kelly is on her way to
return a defective curtain rod she had purchased from a store in downtown
Potsdam, New York. She is doing this during her lunch hour and because of this,
there are many noisy vehicles on the street. Kelly is frustrated at the poor
quality of the curtain rod and is paying little attention to those around her.
She is also in a hurry because her lunch hour ends in the next twenty minutes.
As she is walking down the street, two men run out from the alleyway in front
of her. The first man is wearing a bright blue hoodie and is bleeding from his
left shoulder. The man chasing him is wearing a bright purple hoodie and is
carrying a rusty pipe in his right hand. The first man has a beard while the
second is clean-shaven. Both are wearing hats. The two men turn the corner and
are out of sight in the next five seconds. Kelly has just become an eyewitness
to a future case. She will be asked to recall specific details from five seconds
of her busy day. Kelly may have a good memory, but her mind did not have time
to processes the chase. She may mix up the men’s clothing colors or mistake the
rusty pipe for a baseball bat. When the incident occurred, Kelly’s mind was
focused on other areas of her life. Kelly may present some valuable evidence at
the trial, but then again, she may remember the specifics differently.
The testimony of an eyewitness can be
skewed in other ways as well. Police officers who interview eyewitnesses may
ask suggestive questions, or questions that suggest details of a crime to a
witness rather than allow the witness to remember them on their own. These
suggestive questions may not be intentional; however, they do change an
eyewitness’s perception all the same. It is important for members of law
enforcement to ask open-ended questions that encourage the eyewitness to
remember the crime without specific prompting. There is also research to show
that when there are weapons present, such as a gun or a knife, witnesses tend
to focus their attention on those objects rather than on the crime itself.
Eyewitnesses might also face a group
mentality when recalling events if the incident was seen by many people. To
fill in memory gaps, eyewitnesses may rely on the memory of another to work out
the details. This patchwork memory may not be correct, but if the majority of
witnesses all agree that something did happen a certain way, it is difficult
for a single witness to argue against it without hard proof.
Jury
members should take into account the flaws of human memory when deciding the
outcome of a trial. Eyewitness testimony should never be dismissed or
disregarded as unimportant, however; if harder evidence exists such as
surveillance footage, it should be regarded with greater attention. It is also
unwise for those in law enforcement or private investigators to lead a witness
with questions that may alter their memory of an incident. Lastly, eyewitnesses
themselves should not force memories to form. As noted in the article, memories
are temporary creations that we create for ourselves. Eyewitnesses should
describe events to the best of their abilities, but should not be pressured
into creating false memories.
For more information concerning eyewitness
reports or how an eyewitness is considered in the court room, contact Poissant,
Nichols, Grue, and Vanier, P.C. at:
367
West Main Street
45 Market Street
Malone,
NY 12953 Potsdam, NY 13676
Phone:
(518) 483-1440
Toll
Free: 1-800-924-3529
-Paul Nichols
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