When you remember an event that happened to you, it often feels like you are watching a video in your head. This leads people to think that their memory is perfectly reliable. In the same way that they could rewatch a video that they took on their phone, they think of their memories as static pieces of information stored within the brain.
But this is not actually how the human brain works. The truth is that the brain can distort or change these memories over time. It often does so when you recall them. If you intentionally think about a certain event repeatedly, the memory can start to change and shift. Not only is memory itself malleable, but these changes often feel authentic. You assume this is what the memory has always been, even though that is not true.
Eyewitness testimony and false convictions
This is an important detail to consider when it comes to criminal defense cases because of the issues it can create with witness testimony. An eyewitness may genuinely think that they have an accurate memory of events or are identifying the correct perpetrator, even though they are getting the details wrong.
This could be, at least in part, why eyewitness misidentification is one of the top reasons for false convictions. It does not necessarily mean that those eyewitnesses were lying when they made the misidentification. They may have believed they were telling the truth, even though they were wrong.
Questioning eyewitness testimony can be a significant part of your criminal defense strategy. Look into all of your legal options when facing charges.
