Police procedurals and crime dramas on television have many people believing that a prosecutor needs physical evidence, such as DNA, fingerprints or surveillance video, to win a case. While such evidence can be important, many criminal cases also depend heavily on witness testimony.
But witnesses aren’t always neutral observers. Personal biases, emotions and faded memories can influence what someone believes they saw or heard. Knowing the issues with witness testimony can help you better understand the importance of a strong defense.
Why witness testimony matters
In many criminal cases, there may be little or no physical evidence connecting the defendant to the alleged offense. Therefore, prosecutors may need to rely on witness accounts to establish what happened and who was involved.
A witness’s testimony may help establish:
- The identity of the alleged offender
- The intent or state of mind of the accused
- Whether a crime actually occurred
- A timeline of events
However, witnesses can make mistakes, even ones with supposedly excellent memories. Research has shown that human memory doesn’t work like a video recording. Instead, memories can change over time and can be influenced by stress, fear, poor lighting, distance, conversations with others or leading questions.
Credibility is often a key issue with witness testimony. Jurors consider many things when deciding if they believe a witness, including:
- Whether the witness has given consistent statements
- Whether the witness account conflicts with the physical evidence
- Any possible bias or personal interest in the outcome
When a witness changes their story multiple times, or their testimony doesn’t match the physical evidence, the jurors may find them unbelievable.
If you’ve been arrested or charged with a crime, witness testimony may play a major role in your case. You want to work with someone who can review the evidence, investigate witness statements, identify inconsistencies and prepare an effective defense.