Discrediting Eyewitness Testimony

At a criminal trial, the prosecution and defense work hard to discredit eyewitness testimony offered by the opposing side. The effect of discrediting the observations of a key witness in front of a jury can be extremely influential in a case’s outcome. Lawyers use numerous techniques to show that an eyewitness is unreliable, some of which are outlined here.

Questioning About the Accuracy of a Witness’s Memory

One of the most powerful ways to discredit an eyewitness involves questioning the accuracy of that witness’s memory. For example, a lawyer might ask whether the witness was under the influence of any drugs or alcohol at the time of the event being recalled or during the testimony in court itself. If the witness says yes, the lawyer will follow up with questions about what kind of drugs or alcohol were consumed, when, and how much. The jury may hear that a witness claiming a perfect memory of an event had consumed a whole bottle of vodka just a few minutes before, raising questions about how much the witness actually remembers. The lawyer could ask other witnesses about the witness’s behavior too.

Further, studies have shown that the human memory is inherently unreliable. Witnesses often misremember events that in truth happened differently because our brains fill in the gaps in imperfect memories. For example, a witness who caught a fleeting glimpse of a suspect may not have seen his shoes because they were hidden behind a fence. The witness’s brain may fill in the presence of shoes on his feet and even select a color for the shoes – regardless of the actual color. Under questioning at trial, the witness could admit that the suspect was standing behind a fence and thus the witness never saw his shoes.

Prior Inconsistent Statements

Another great way to discredit testimony involves calling particular attention to prior statements the testifying witness made that are inconsistent with his testimony at trial. For example, the witness may have given a statement to police or been deposed in the case and said that he had nothing to drink on the night of the accident. If the witness then testifies in court that he had one small drink that night, a quick lawyer could call attention to his prior, inconsistent statement.

Questions About the Witness’s Background

Lawyers research witnesses before trial to find out about their background, family, employment, lifestyle, and more. They can use this information to discredit eyewitnesses. For example, a lawyer might locate a newspaper article about the witness’s mother, who has a genetic eye condition causing partial blindness. Under questioning the witness may admit that he inherited the eye condition and could not clearly see the suspect.

Have you been charged with a DUI in Oklahoma? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, can advise you on trial strategy and defenses. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.