Cognitive Mechanisms, Influencing Factors, and Judicial Regulation of the Fallibility of Eyewitness Identifications

As a highly persuasive form of evidence in criminal proceedings, the reliability of eyewitness identification is inherently linked to the impartiality of judicial adjudication. Notably, erroneous eyewitness identification stands as the primary cause of wrongful convictions globally, underscoring the urgency of addressing its fallibility. This study aims to systematically dissect the cognitive mechanisms underlying the unreliability of eyewitness identification, clarify the key variables modulating identification accuracy, and explore scientifically validated regulatory strategies. Guided by Wells’ "estimator variables-system variables" framework, we first elucidate the intrinsic cognitive underpinnings, encompassing memory constructive bias and post-event information interference. Drawing on a synthesis of domestic and international empirical findings, we then conduct a systematic analysis of the differential effects of estimator variables and system variables on identification accuracy. Furthermore, we propose core judicial regulatory pathways, including the establishment of a double-blind administration rule and the standardization of lineup procedures, to mitigate identification errors. Finally, we advocate that future research should deepen the exploration of multi-variable interactive effects and neural mechanisms, striving to construct more comprehensive influencing factor models and predictive tools. Ultimately, this examination underscores that effective crisis negotiation is a sophisticated interdisciplinary endeavor, integrating principles from psychology, linguistics, and conflict resolution to navigate asymmetric, high-pressure scenarios towards peaceful outcomes.