Impacto de los sesgos cognitivos en la percepción de los testigos de juicios penales.

Abstract

Eyewitness memory constitutes one of the most frequently used forms of evidence in criminal trials; however, scientific evidence has demonstrated that it does not function as a faithful record of events, but rather as a reconstructive process vulnerable to cognitive biases and contextual influences. Objective: To analyze the impact of cognitive biases on the perception, recall, and accuracy of eyewitness testimony in criminal proceedings, identifying the factors that increase distortion and their implications for judicial evaluation. Method: A systematic review of thirteen empirical studies published between 2016 and 2025 and indexed in specialized databases was conducted, focusing on reconstructive memory, misinformation, stress, alcohol consumption, and attentional effects such as the weapon focus effect. Participants: The reviewed studies included diverse samples of adults and adolescents in experimental settings and mock trial simulations, as well as digital environments assessing co-witness interaction and exposure to post-event information. Conclusion: The findings indicate that distortion may originate during the perceptual phase and become consolidated through misinformation repetition or social influence, thereby affecting recall accuracy. Although certain interventions partially reduce these effects, the vulnerability of the memory system persists, calling into question judicial evaluations based solely on narrative coherence or the witness’s subjective confidence