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Eyewitness testimony is not always credible

A conviction might result when an eyewitness appears in court and provides compelling testimony. Unfortunately, not all testimony presented in a Delaware courtroom may be accurate. Eyewitness testimony could be problematic, and noting that there are sometimes flaws in it may work in the defendant’s favor.

Eyewitness testimony troubles

A concerning issue about eyewitness testimony is accuracy. An eyewitness may swear under oath that they are providing entirely truthful testimony, but they may only believe that such is the case. The eyewitness could have critical details wrong for several reasons.

For example, an eyewitness could say they saw a person wearing a blue jacket that matched the defendant’s clothing. However, they could have seen a dark green jacket that looked blue under poor lighting conditions. The scenario may reflect the misidentification of an innocent person.

Troubling eyewitness testimony

Other issues could undermine a witness’s ability to provide credible testimony. Poor eyesight and inclement weather alone might make identifying something challenging. Also, a person could mishear things, further hampering the ability to provide credible testimony. An effective criminal defense could point to such issues.

Criminal law history may point to situations where a witness outright lied. There could be numerous reasons why someone may provide false testimony and accusations. Some may try to deflect blame from themselves, or they could have a grudge against the individual. A cross-examination could lead to revealing the untruthfulness of the testimony.

Police misconduct could also factor into problematic eyewitness testimony. The police could pressure someone to make inaccurate statements or guide the person to say what law enforcement officials wish. Such egregious actions may result in criminal charges and civil claims against the responsible parties.