FORENSIC EVALUATION OF THE FALLIBILITY OF HUMAN MEMORY AND THE RELIABILITY OF EYEWITNESS TESTIMONY

Abstract

Several studies have noted that eyewitness testimonies are often inaccurate, and inaccurate eyewitness testimonies have been identified as constituting one of the major causes of wrongful convictions in the courtroom. In some countries numerous convicted persons have been exculpated using DNA evidence and most of these wrongful convictions were caused by inaccurate eyewitness testimony. This study evaluates how memory theories and researches about the fallibility of human memory relates to eyewitness memory and whether eyewitness testimony should be considered reliable in the courtroom. In doing this, it adopted secondary research method wherein several theoretical conceptions and research paradigms relating to only two eyewitness memory phenomena: weapon focus effect and post-event information were reviewed.  Finally, the study recommends that although, studies of the mechanisms of human memory indicate that due to several factors eyewitness testimonies are often inaccurate, the criminal justice system relies most of the time on eyewitness accounts as the only evidence available for the resolution of criminal cases due to unavailability of DNA evidence in most cases, therefore it is critical in crime investigation and prosecution and should be considered reliable in the courtroom. However, the criminal justice system should adopt numerous recommendations of memory researches, such as the use of cognitive interview by police investigators and attorneys, avoiding long memory retention intervals in criminal matters and warning eyewitnesses about potential misinformation prior to the misinformation phase etc. These recommendations will help to eliminate most of the problems which cast doubts over the reliability of eyewitness evidence.