Eyewitnesses can be convincing and can help a prosecutor score a conviction. However, they are not infallible.
Here are some of the ways you might challenge one who is accusing you of a crime:
1. Challenge their vision
Some of us can see better than others. Some people are born with poor eyesight and some people lose it with age or an accident. An eyewitness with weak eyesight, or who should have been wearing glasses but was not, may not have seen things clearly.
2. Challenge their view of the alleged event
Even if a person’s vision is excellent, they may not have had an excellent view of the event. Think about the last time you went to a concert or sports match. How good a view you had depended on the distance you were from the action, the lighting and any obstructions in your way. The same can apply to other events people see, including alleged crimes.
3. Challenge their memory
People often think that memory is permanent. That once you create a memory it will stay the same forever, or until you forget it. That is incorrect, however. Memories are malleable and you can build on them or alter them with time. For instance, maybe you have a strong “memory” of a special day in your childhood. If you recount your memory of that day to your parents, they may laugh and tell you that is not how it happened at all.
4. Challenge their motives
Not everyone offers to testify for the right reasons. Some do it to cover for themselves or others who committed the crime. Others do it to get revenge, or to put a rival out of the picture.
Learning more about your defense options is always wise, no matter how hopeless your case might seem.