Timing is Everything!
As a witness to a crime, everything blurs. You’re trying to stay safe, make sense of what you’ve seen, and—if asked—help police figure out who did it. One of the biggest ways victims can contribute to an investigation is through eyewitness identification. But did you know that nearly 1/3 of wrongfully convicted people were placed in prison based upon faulty eyewitness accounts? New research explains why this is the case and what to do about it.
The timing of when you identify someone matters as much as who you identify.
That’s the key takeaway from new research out of UC San Diego, led by cognitive scientist Dr. Anne Yilmaz. Her team found that the first time a witness is asked to identify a suspect is usually the most reliable. This happens at the time of a lineup or shortly after the event. Moreover, the longer the witness takes—or the more times they have been shown faces—the more likely their memory can get muddled. This happens quickly. Recognition memory can begin to fade within 20 – 40 seconds and gets worse with time.
Why this matters for crime victims
Keep in mind that when the wrong person is charged and convicted of a crime, the actual offender is free to walk the street and commit more mayhem. This research isn’t just for lawyers or academics—it’s really for anyone who is currently involved in identifying a suspect, or anyone who could be asked to do so in the future.
Here’s what the new research shows:
- Your memory is strongest right after the crime. Your brain is trying to process a flood of details. If you’re shown a suspect quickly and under the right conditions, there’s a better chance your ID will be accurate.
- Stress affects memory. Trauma can actually sharpen some memories and blur others. Knowing this, it’s crucial that your first identification opportunity is handled with care—ideally by officers trained to avoid leading questions or subtle cues.
- Multiple lineups can confuse your memory. Each time you’re shown more faces, your brain starts to reshape what it thinks it saw. This doesn’t mean you’re doing anything wrong—it’s just how memory works. The system should protect you from this, not rely on repeated questioning.
What you can ask for
If you ever find yourself in a situation where police ask you to look at a lineup or photos, you have the right to ask:
- “Is this the first and only time I’ll be asked to do this?”
- “Can you record my confidence level right after I make a decision?”
- “Will this be done double-blind—so the officer showing me the lineup doesn’t know who the suspect is?”
These questions aren’t about being difficult—they’re about making sure your memory is protected and that your role as a witness helps the case instead of complicating it.
Exoneree Miguel Solorio
How certain is Dr. Yilmaz and her team about their findings? Confident enough to reverse a conviction in court with attorneys from the Innocence Project in California. Miguel Solorio served 25 years for a homicide he never committed. An eyewitness wrongly accused him of being the shooter in a fatal drive-by homicide in Whittier, California, in 1988. He was only 19 at the time. The researchers from UC San Diego provided a powerful declaration to the court about new scientific consensus, which revealed that the repeated showing of Solorio’s face to eyewitnesses tainted their memories irreversibly. The fact that they did not identify him initially, moreover, actually pointed to his innocence.
After reviewing all of the evidence and conducting their own independent investigation, the Los Angeles District Attorney’s Office agreed that Solorio was innocent. On November 9, 2023, the Los Angeles County Superior Court reversed Solorio’s conviction, and the District Attorney dropped all charges.
Bottom line
If you witness a crime, your brain is already working overtime. Dr. Yilmaz’s research reminds us that the system has a responsibility to treat that memory with care. The way investigators handle first ID attempts can make all the difference—both for your peace of mind and for the pursuit of justice.
