According to the Innocence Project, in the first 325 exonerations where DNA evidence was used to free an innocent person, false identification accounted for 72% of the wrongful convictions. In recent decades, both law enforcement and innocence lawyers have become more aware of how inaccurate eyewitness identifications can be. As it turns out, people aren’t always good at recognizing each other.

Many factors contribute to misidentifications. Trauma, the presence of weapons, limited time to observe, poor lighting, and visual obstructions are common causes. In addition, cross-racial identifications are notoriously difficult. Setting aside any notions of racism, people often struggle to recognize others outside of their own racial group. According to California Innocence Project founder Justin Brooks, it’s a natural and essential part of human survival.

During our early years as infants and toddlers, it’s crucial that we recognize our family so we can tell them apart from others. At that stage, our minds are highly receptive to new information. As we grow older, our ability to learn new faces declines, and we never become as skilled at identifying people outside our racial group. It’s not our fault—it’s simply how our brains work.

Investigators can also contribute to misidentifications. Without proper training and experience, law enforcement officers can inadvertently contaminate a witness’s memory by planting details that never actually happened. According to John Wixted, Distinguished Professor of Psychology at the University of California, San Diego, our brains often “fill in the gaps” when memory is incomplete.

That’s why it’s critically important for investigators to be mindful of how they ask their questions. Subtle cues—like tone or nonverbal gestures—can be all it takes to plant a false memory. Frequently, neither the investigator nor the witness realizes it happened.

To hear more about eyewitness misidentifications and the science behind getting it wrong, tune in to the episode linked above. Special thanks to our sponsor, Clio — Cloud-Based Legal Technology.

Written by:
Laurence Colletti