Eyewitness identification has long been a source of controversy in criminal cases due to the potential for witness error due to many factors. Such factors may include: witness memory, suggestiveness of the identification situation, distance and lighting at the time of observation, cross-ethnic or cross-racial identification challenges, focus on a weapon, and more. These factors are extremely important to take into consideration since The Innocence Project reports that misidentification by witnesses is the primary cause of wrongful conviction in the United States, and was a substantial factor in 72 percent of convictions that the Project has successfully overturned through DNA evidence. As you can see, eyewitness identification evidence is often unreliable and should always be carefully examined by a defense attorney and excluded whenever possible.
Types of Eyewitness Identification Evidence
Regardless of the questionability of the results, several different types of witness identification are regularly used as evidence in criminal trials. These include the following:
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Picture identification -- Police present a witness with several photographs, either sequentially or all at once, of different individuals, one of whom is the suspect.
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Lineup -- A witness is brought into the police station to anonymously view a group of individuals that includes the suspect and several decoys that should look similar in size and appearance to the suspect.
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Showup -- Police bring a witness to view only the suspect without any decoys. Showups usually occur right after apprehension of the suspect and often at the scene of the crime, and evidence resulting from showups is often disfavored because of the inherent suggestiveness of the situation. For this reason, courts in Massachusetts should only admit showup identification evidence with good reason.
Not only are witness identifications often unreliable, but they are also often obtained in ways that violate a suspect’s constitutional rights. Such methods include those that are highly suggestive as to the identity of the suspect or denying the suspect representation of an attorney at a lineup. In such situations, a defense attorney can have any evidence related to the witness identification excluded from trial.
In-Court Identifications
Another type of identification used at criminal trial is the in-court identification, in which an individual on the witness stand is asked whether the person they observed committing the crime is present in the room. As you can imagine, this type of identification can significantly influence a jury even though it may not be accurate. Accuracy of in-court identifications in front of a jury has also been long called into question, and courts have regularly ruled on the requirements necessary for in-court to be admissible. For example, the in-court identification has to be based on some type of independent source.
It is extraordinarily important for a qualified criminal defense attorney to stay apprised of court rulings and changes in law regarding facets of criminal cases such as eyewitness identification. Part two of this article will explain new changes in eyewitness identification law recently issued by the Massachusetts Supreme Judicial Court (SJC).
If you have been arrested or charged with a crime, please contact the law office of experienced Boston criminal defense attorney Edward R. Molari for help today.