William G. Yarborough

Why are eyewitness testimonies often unreliable?

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There are various ways that evidence is gathered to convict criminals and narrow down suspect lists in South Carolina. However, eyewitness testimonies have been proven to be highly problematic, and their flaws have only become apparent over time. The shortcomings of this widely discredited source of evidence are largely owed to eyewitness cognition and countless mental processes.

Memory and biases

One of the major issues with eyewitness testimonies in criminal defense is that human memory is far from perfect. Witnesses are often asked to recount an intense situation that may have been brief and unclear, even in the moment. It’s easy to forget what happened and change details without realizing it. But it isn’t just eyewitnesses’ memory at play here.

People tend to make assumptions because each eyewitness comes with their own biases and beliefs, whether they realize it or not. How strongly these biases affect their judgment varies from person to person, but some form of prejudice is almost always present to some degree. These preconceived notions have been shown to alter a person’s memory in various ways. For one, if a person sees or hears something that aligns with their understanding of the world, they’re more likely to accept it.

The longer it takes to get the testimony, the witness may remember less of what happened. Key details can slip away as their memory becomes cloudier and more tainted by what the witness personally believes instead of the actual events.

The problem with post-event information

Recent experiments and research have provided evidence that also shows how key post-event information is with eyewitness testimonies. Witnesses may receive new information after the event has occurred that can change the way they understand and contextualize what they saw.

Post-event information may cause a person to see connections that they didn’t form on their own. The witness doesn’t realize that their testimony has been tainted, and the investigators likely don’t realize their influence on the witness.

Powerful evidence has come from the testimonies of credible eyewitnesses, but unfortunately, that’s not always the case. The perfect eyewitness is rare or nonexistent, and innocent mistakes have led to wrongful accusations. Often, it’s out of the eyewitnesses’ hands entirely and falls on the investigators working on the case.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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