When Can False Memories Affect Criminal Cases?

 Posted on August 11,2022 in Criminal Defense

Memories can be surprisingly unreliable. This can be a difficult idea to swallow, since people often have strong emotions associated with the memories of their life experiences. However, even when a person believes that they have a strong memory that allows them to recall facts, people, or experiences, they often get the details wrong. People may misremember the order of events, inadvertently combine multiple memories, or even believe that someone else’s memories are their own. Unfortunately, even when memories are unreliable, people may strongly believe that they are correct. When a person’s memories are a key factor in a criminal case, this may lead to wrongful convictions. 

Far too often, criminal charges are based on eyewitness testimony, without any other supporting evidence. A testimony given by a victim or witness to a crime can be powerful, and a witness's identification of a suspect in a criminal trial can seem like incontrovertible truth, especially when strong emotions are involved. However, the unreliability of memory can easily cause a victim or witness to identify the wrong person. 

In fact, many witnesses are improperly influenced by police officers who have a particular suspect in mind. Officers may inadvertently or purposely indicate that they believe a certain person was the perpetrator when asking a witness to review photos or view a police lineup. This may affect people’s memories of events, causing them to believe that a suspect was involved in a crime. When a case is based on these types of memories, without other evidence, suspects may be falsely accused or convicted of multiple types of offenses.

An Example of How False Memories Can Lead to Wrongful Convictions

A recent high-profile case demonstrated the dangers of relying on people’s memories when prosecuting crimes. The author Alice Sebold was the victim of sexual assault in 1981. Months later, she encountered Anthony Broadwater, a Black man, on the street and was certain that this was the man who had raped her. After Broadwater was arrested, he took part in a police lineup, but Sebold identified a different person as the suspect. Despite this, Broadwater was charged with sexual assault. Sebold identified him in court as the man who had raped her, and he was found guilty and sentenced to 25 years in prison. After serving 16 years, Broadwater was released in 1999, and his conviction was overturned in 2021. 

Contact Our Connecticut Criminal Defense Attorney

Sadly, far too many people have their lives ruined because they are treated unfairly by the criminal justice system. Charges and convictions are often based on little more than the memories of witnesses, even though these people may be influenced by police officers and identify the wrong suspects. This illustrates the importance of a strong defense lawyer who can protect the rights of defendants. Woolf Law Firm, LLC works to ensure that people accused of crimes can challenge witness testimonies that are based on unreliable memories, as well as other forms of evidence that may be used improperly. To get the representation you need, contact our Hartford criminal defense lawyer at 860-290-8690 and schedule your free consultation.

Sources:

https://thecrimereport.org/2022/06/17/how-do-false-memories-play-a-part-in-court-decisions/

https://www.sciencefocus.com/comment/how-false-memories-can-shape-a-criminal-court-case/

https://www.washingtonpost.com/lifestyle/style/anthony-broadwater-exonerated-alice-sebold/2021/12/02/959045e4-52ec-11ec-9267-17ae3bde2f26_story.html