Year: 2025

Eyewitness testimony in criminal defense cases can play a significant role in disproving the prosecution’s allegations. Depending on the circumstances surrounding eyewitness identification, experienced criminal defense lawyers may have various avenues to challenge eyewitness testimony and undermine the prosecution’s case, fighting for a dismissal of your charges or acquittal.What Is Eyewitness Testimony?Eyewitness testimony involves a person testifying about an event they actually observed. This testimony can help the jury understand what happened in an incident and assist the jury in determining whether a crime occurred. More frequently, eyewitness testimony includes the identification of the perpetrator(s) of the alleged crime. During a criminal trial, prosecutors may ask eyewitnesses to confirm whether they saw the perpetrator(s) of the crime in the courtroom and to point them out to the jury.However, like all other testimony presented in a criminal trial, a jury has the right to believe or disbelieve an eyewitness’s testimony based on their assessment of the eyewitness’s credibility. A criminal defense strategy may focus on challenging the reliability of eyewitness testimony presented by the prosecution to prove that the defendant committed the alleged crime.Is Eyewitness Testimony Admissible in Court?Courts can admit eyewitness testimony in criminal cases. So long as the evidence indicates that an eyewitness saw enough of the crime to identify the perpetrator or explain some or all of the events related to the case, a court may allow the eyewitness to testify at trial. The court will leave questions about the reliability of an eyewitness’s identification or testimony to the jury to determine whether to accept or reject the witness’s identification or testimony.Some of the factors that can affect the reliability of eyewitness testimony for a jury include:Obstructed views of the crime or the perpetratorHeightened emotions due to the shock of witnessing a crimeInherent bias or prejudiceInfluence from other parties, such as suggestive identification procedures used by the policeHow to Challenge the Reliability of Eyewitness TestimonySome of the ways that criminal defense lawyers can contest the reliability of eyewitness identifications in criminal cases include:Question Vision Ability Based on Eyesight, Lighting, and Angle – A defense strategy may seek to highlight personal or environmental factors that may have affected an eyewitness’s view of the perpetrator.Question Inconsistency of Testimony – Defendants may highlight an eyewitness’s changing testimony that can call their identification into question.Question Motive or Bias – Eyewitnesses may have personal motives or inherent biases affecting their identification testimony.Rebuttal Witness – A defendant may present witnesses who can rebut aspects of an eyewitness’s testimony, potentially undermining their credibility with the jury.Expert Witness – Expert witnesses can also provide opinion testimony to help jurors understand the scientific factors affecting eyewitness identification and recollection.Contact Broden & Mickelsen, LLP for Help Challenging Unreliable Eyewitness TestimonyWhen eyewitness identification becomes a critical issue in your criminal case, the criminal defense attorneys at Broden & Mickelsen, LLP can help you pursue avenues to challenge the reliability of the testimony. Contact us today for a free consultation to discuss your case.

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Year: 2025

How to Challenge Eyewitness Testimony in Criminal Defense