One very interesting thing that DNA evidence has exposed is the frequency of false convictions. Groups that study this have identified hundreds of individuals who were falsely convicted of crimes they never committed, and some of them have been exonerated.
A trend that researchers find is that inaccurate eyewitness identification is the most common cause of these false convictions. It may not be the only reason for the conviction, but it shows up repeatedly.
Witness misidentification simply happens because the witness is inaccurately remembering the event itself. Their memory of that event may have changed, so they don’t realize they are making a mistake. They believe their memory is accurate. But why wouldn’t it be?
The malleability of memory
The trouble is that most people think of their memory like a video recording on their phone. They assume it is perfectly accurate and reflects all details precisely as they happened.
But for most people, that is not actually the case. Memory changes all the time, and it can be altered by outside events. Simply recalling the memory can introduce new elements that will then be “remembered” the next time the person talks about the event.
For instance, if someone has given their story to the police, talked with other witnesses or seen news reports about the event, they may think they remember details that they don’t actually recall firsthand. They could “remember” that the perpetrator was wearing a blue shirt and testify to that fact during a trial, when they actually didn’t see what color the shirt was because their vision was obstructed. They just read news reports or accounts from other witnesses and incorporated that information into their own account.
False convictions are just one of the reasons why it’s so important to understand all of your legal defense options when facing arrest.