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Eyewitness Testimony Issues

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Memory Reconstruction

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Eyewitnesses may reconstruct memories when trying to recall an event, leading to inaccuracies due to suggestion or bias, which can result in wrongful convictions.

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Weapon Focus Effect

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Witnesses often focus on a weapon during a crime, impairing their ability to remember other details, which can diminish the reliability of their testimony.

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Stress and Anxiety Impact

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High levels of stress or anxiety during an event can negatively impact an eyewitness's memory accuracy, potentially leading to incorrect identifications.

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Cross-Race Identification Bias

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Eyewitnesses may have difficulty identifying individuals of a race different from their own, increasing the chance of misidentification and wrongful convictions.

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The Influence of Misleading Information

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Eyewitnesses can incorporate misleading post-event information into their memory of the event, known as the misinformation effect, leading to false testimony.

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Confidence and Accuracy Mismatch

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A witness's confidence in their memory does not necessarily correlate with accuracy, yet jury members may interpret high confidence as a sign of reliability.

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Child Witnesses

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Children's memories can be particularly suggestible and less reliable, which must be cautiously handled to avoid injustice in legal proceedings.

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Effect of Time on Memory

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Memories can degrade over time, which may lead to eyewitnesses providing less accurate information the longer the delay between the event and testimony.

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Retroactive Interference

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New information learned after an event can interfere with the retrieval of memory of the original event, potentially altering eyewitness testimony.

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Lineup Construction Flaws

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Poorly constructed lineups can lead to misidentification, either by making the suspect stand out or through the inclusion of leading choices.

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Publicity Prejudices

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Pre-trial publicity can prejudice an eyewitness's recall and testimony, which may affect the fairness of the trial and the justice outcome.

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Impact of Alcohol or Drugs

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Intoxication during the event may severely impair a witness's ability to accurately remember key details, challenging the credibility of their testimony.

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