Distortion of the Human Mind and the Unreliability of Eyewitness Testimony

Distortion of the Human Mind and the Unreliability of Eyewitness Testimony
Distortion of the Human Mind and the Unreliability of Eyewitness Testimony

A darling grade school young lady that I know recently had to do a social studies project. The project took her to the state finals.  This was done on a subject that many of us know to be true, especially those of us in the legal field.  It’s a subject in which focus groups have been performed time and time again to support the theory that eyewitness testimony can quickly become a distortion of one’s memory.  I was quite impressed that this grade schooler was able to accomplish supporting such a study by performing her own focus groups.

Live eyewitness testimony coupled with credibility can slam-dunk a case, but not remembering correctly can be destructive.  What if this is a criminal matter?  It might just send an innocent person to jail.  What if this is a matter as small as one child being mistaken for another that took the cookie out of the cookie jar?  Small as it may seem, that child being wrongfully accused may suffer some serious emotional damage feeling that they are untrustworthy and persecuted unfairly.

Either way, incorrect eyewitness testimony can be harmful and hurtful.

It has been proven that as soon as we start processing and interpreting from our mind, the distortion begins.  This can occur based upon original memory, personal experiences, personal thought processes and others influences and opinions.  Not intended to be deceitful, just human.

What can we do to ensure eyewitness testimony?

There are some steps you can take to safeguard what you may have witnessed.

·      Take action.  Write a statement immediately about everything you remember.  Even if this is not a formal statement you have given, write it for yourself.

·      Keep a log about any conversations you have and the details that transpired that may have an effect on your recollection so as to ensure another person has not influenced or impacted your memory.

·      Rely solely on what you saw.

·      Do not be let anyone else shape what they think you may have or should have seen.

·      Never add anything or take away anything just because you think it may fit the story and make more sense then, it becomes false.

·      Have confidence that without any fabrications or incorrect additions and/or subtractions, the truth should prevail and you have done your best to have no doubts of your own.