State prosecutors need strong evidence to justify bringing criminal charges against an individual. They typically do not pursue charges unless they feel confident about their ability to convict if the case goes to trial.
Some criminal cases rely on financial records or security camera footage. Other times, the main evidence that the state has is eyewitness testimony. An eyewitness is someone who claims to have first-hand knowledge of a criminal incident. Their sworn statements in court can have a major impact on criminal proceedings.
What do eyewitnesses do for the prosecution?
An individual may have identified the defendant in a multi-person lineup, which allows the state to justify the decision to prosecute the defendant. An eyewitness may point to certain identifying features such as noticeable scars or unique facial features when identifying an individual as the perpetrator of a criminal incident.
Eyewitnesses can also make statements regarding the conduct or intent of the party accused of breaking the law. Their statements about an individual’s behavior can make it seem as though the defendant intended to cause harm. In some cases, those facing criminal charges based on eyewitness testimony may feel as though their conviction is all but ensured. However, fighting charges is often a realistic option.
How lawyers counter eyewitness testimony
There’s plenty of research into eyewitness testimony and human memory that can help those facing criminal charges. Many cases that rely solely on eyewitness testimony may later lead to the exoneration of the defendant.
Memory is fallible, and police officers may provide eyewitnesses with information that leads them to identify a specific person. Eyewitnesses can slowly change their testimony over time or may contradict themselves.
In some cases, a defense attorney can raise questions about whether an eyewitness really saw what they think they saw. They can also sometimes show that police officers gave them information that led to an unfair identification.
Other times, a defense attorney may be able to undermine the credibility of the eyewitness. Perhaps they have a history of lying, a diagnosed mental health disorder or a brain injury that might seriously compromise the reliability of their testimony.
There are a variety of criminal defense strategies that lawyers can use to diminish the impact of eyewitness testimony on a client’s case. Thus, reviewing the state’s evidence with a skilled legal team can help with the establishment of a viable criminal defense strategy. Eyewitness testimony can seem compelling initially but is far from a guarantee of an airtight case for a prosecutor.