Memory on Trial: How Pretrial and Courtroom Dynamics Distort Eyewitness Memory
Shriya Saravanan
21/07/2026
The legal system treats eyewitness testimony as highly probative evidence; however, psychological research, cognitive neuroscience, and case analyses indicate that pretrial and courtroom dynamics systematically distort the reconstruction of memory. This paper examines the impact of courtroom environments on memory reconstruction and recommends procedural adjustments to mitigate these adverse effects. The review integrates studies on the misinformation effect, memory conformity, source monitoring, frontal monitoring, exoneration registry data, and procedural evaluations. Three main mechanisms through which memory distortion may occur are identified: social pressure and authority effects drive people to conform while their confidence grows; suggestive questioning introduces post-event information that can contribute to false-memory formation; and witnesses exchange information with one another and encounter media-based misinformation, which can contribute to false-memory formation. The study suggests that hippocampal pattern completion may contribute to reconstructive memory by providing a plausible mechanism through which believable details emerge during periods of increased stress and cognitive demand. Legal systems operate under standards such as proof beyond a reasonable doubt, yet scientific studies demonstrate that people handle memories through a probabilistic process. This implies that a mismatch exists between legal expectations of certainty and scientific understandings of recall. A set of recommendations to mitigate these risks and guide reliable practices in eyewitness identification and evaluation is proposed.