The Eyewitness Trap: Challenging Memory, Identification and Reliability at Trial

Eyewitness testimony can be highly influential in legal proceedings, but its persuasive impact does not always reflect its reliability. Memory can be affected by stress, suggestion, viewing conditions, post-event information, and investigative procedures, creating risks that attorneys must understand when evaluating identification evidence.

This webinar examines the psychological science behind eyewitness memory and its practical implications for litigation. Participants will explore how memories are formed and recalled, why misidentifications occur, and how factors such as lineup procedures, witness confidence, bias, and external influence can affect the reliability of testimony. The session provides practical guidance for assessing eyewitness evidence, identifying weaknesses, preparing challenges, and making informed decisions about expert evidence and trial strategy.

Key Topics Discussed:

• How eyewitness memory is formed and retrieved
• Memory distortion and post-event information
• Misidentification and wrongful conviction risk
• Viewing conditions, stress, and weapon focus
• Cross-racial identification issues
• Lineup construction and filler selection
• Sequential versus simultaneous lineups
• Blind and double-blind administration
• Administrator influence and witness instructions
• Confidence statements and feedback effects
• Repeated identification procedures
• Expert testimony on eyewitness memory