RELEVANT
FOCUSED
READY

Eyewitness Testimonies in North America: The Contributing Factors of Wrongful Conviction
Kyle D’Antonio

Introduction

Discussion

This project focuses on eyewitness testimonies and the
inaccurate science behind wrongful convictions. Despite
their frequent level of use, an overwhelming amount of
wrongful convictions are the result of eyewitness
misidentification The objective of this project is to increase
the overall awareness among criminal law practitioners,
regarding the issues relating to the use of eyewitness
evidence.

This research concluded the criminal justice system in North
America places a large degree of trust and credibility in
eyewitness testimonies (Leinfelt, 2004). It has been shown
through scientific research that a variety of factors can have
an effect on the credibility of eyewitness evidence. More
specifically, it has been argued that a witness’s memory,
their perceptions and biases, the knowledge of the jury, and
the practices of law enforcement agencies, all have the
ability to influence the accuracy in an eyewitness testimony.
Despite the high number of innocent people being
wrongfully convicted, eyewitness identification remains
among the most commonly used and compelling evidence
used in the prosecution of criminal defendants (Shermer, et
al., 2011). Given this information, it is important to create
awareness to the issue by informing criminal law
practitioners.

Background
According to the Innocence Project, of their first 225
exonerations of wrongfully convicted individuals in the
United States, 77% were based on mistaken or inaccurate
eyewitness testimonies (Shermer, Rose, & Hoffman, 2011).
In light of these findings, it is important that research is
conducted to better understand eyewitness credibility and
the root causes of wrongful convictions. There are many
different aspects behind inaccurate eyewitness testimonies,
yet they all have a detrimental impact on all parties
involved. With the assistance of scientific research, the
validity of eyewitness evidence has finally been questioned.
This research has discovered great flaws in eyewitness
testimony and how the implications of human error can
have a catastrophic impact on the outcome of a case.

Methods
This research project used a critical appraisal to carefully
and systematically assess current research relating to the
topic. The literature search was conducted using the Justice
Institute of British Columbia’s library system. The initial
search obtained approximately two thousand articles.
Based on the high volume of articles retrieved, the search
was refined by limiting the results to peer reviewed
scholarly articles, articles that included full text, and articles
published between the year 1999 to present. The searches
then became even more specific by using secondary terms
that allowed the researcher to categorize the literature into
different folders based on common themes.

Conclusion & Recommendations
The findings from this research suggest several conclusions
and recommendations. These recommendations include:
1. Educate judges and jurors on the accuracy of eyewitness
testimony.
2. Educate judges and jurors on the accuracy of memory
and its ability to be influenced.
3. The “Double-blind” Procedure / Use of a blind photo
Administrator.
4. Have lineup administrators document the witnesses'
level of confidence in their decision.
5. Reform photo lineup procedures (sequential presentation,
effective use of fillers, cautionary instructions).

The research shows that eyewitness misidentification is the
greatest contributing factor to wrongful convictions. Despite
growing research into the inaccuracy of eyewitness
testimony, this traditional method remains among the most
commonly used forms of evidence (Innocence Project,
2019).

Results/Findings
Four themes were discovered from the research as
contributing factors for wrongful convictions. These themes
included:
 Memory
Variables such as time delay and stress have an impact on
how the brain encodes information.
 Perception and Bias
Witnesses decisions can often be influenced by internal bias
and cultural lens.
 Police Procedure
During the investigation process, poor police practice can
negatively influence the decisions of eyewitnesses.
 Juror Knowledge
Jurors and judges generally have little to no knowledge on
the credibility of eyewitness evidence and are more likely to
believe witnesses who display high levels of confidence.

References
Eyewitness misidentification [Innocence Project]. (n.d.). Retrieved
March 15, 2019, from
https://www.innocenceproject.org/causes/eyewitnessmisidentification/
Leinfelt, F. H. (2004). Descriptive eyewitness testimony: The influence
of emotionality, racial identification, question style, and selective
perception. Criminal Justice Review (Georgia State
University), 29(2), 317–340. doi:10.1177/073401680402900204
Shermer, L. O., Rose, K. C., & Hoffman, A. (2011). Perceptions and
credibility: Understanding the nuances of eyewitness testimony.
Journal of Contemporary Criminal Justice, 27(2), 183–203.
doi10.1177/1043986211405886

Bachelor of Law Enforcement Studies – Justice Institute of British Columbia

2019