Memory, Misidentification, and Justice: A Critical Analysis of Eyewitness Identification Errors

Hieu Phan () and Megan Ruiz ()
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Hieu Phan: Morningside University, United States
Megan Ruiz: Tiffin University, United States

Scientia Moralitas Journal, 2025, vol. 10, issue 1, 355-366

Abstract: This critical analysis examined the complex challenges inherent in eyewitness identification, emphasizing issues related to memory recall, memory accuracy, and the significant impact of misidentification on wrongful convictions. To highlight the inherent difficulties and unreliability of eyewitness testimony as legal evidence, existing empirical studies were systematically reviewed and synthesized. The methodological approach centered on analyzing previously conducted research, including data from DNA exoneration cases documented by the Innocence Project, which have demonstrated that eyewitness misidentifications are among the leading contributors to wrongful convictions, representing a substantial proportion of exonerations to date. Additionally, comprehensive analyses of memory recall were incorporated, drawing on 27 tests involving 1,727 participants across 16 published studies conducted between 1974 and 1997. A complementary set of data investigated the effects of stress on recall accuracy, including 36 tests with 1,946 participants across 18 published studies within the same timeframe. The findings revealed that memory functions as a reconstructive, rather than a static, process—vulnerable to numerous internal and external influences such as stress, suggestive questioning, and the passage of time. These vulnerabilities can critically undermine the accuracy of eyewitness accounts. Consequently, the study underscored the urgent need for reforms and rigorous procedural safeguards in the legal system, including the implementation of improved lineup protocols, the use of double-blind administration methods, and the development of enhanced jury instructions that clearly communicate the limitations of eyewitness evidence.

Keywords: eyewitness identification; cognitive psychology; criminal justice system; legal safeguards; memory recall; memory accuracy; misidentification; wrongful convictions; innocence project; criminal justice reform (search for similar items in EconPapers)
Date: 2025
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Persistent link: https://EconPapers.repec.org/RePEc:smo:journl:v:10:y:2025:i:1:p:355-366

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