Eyewitness testimony is a powerful tool in criminal cases, but it is also notoriously unreliable. While it may seem like a clear-cut way to identify a suspect, eyewitnesses are often under high levels of stress and may not have had a clear view of the crime. Research dating back to the 1960s has shown that eyewitness identifications are among the least reliable kinds of evidence. In this article, we explore why eyewitness identifications are so unreliable and how defense attorneys can combat them.
Factors That Make Eyewitness Identifications Unreliable
Many factors contribute to the high error rate in eyewitness identifications. For example, witnesses who testify in court may have experienced high levels of stress or anxiety. Not just during the crime, but also during their interviews with police and prosecutors and during their testimony at trial. Human beings are not video recorders, and the brain tends to fill in small gaps in memory. Often with what was not actually seen. Additionally, witnesses frequently focus on weapons used in the crime rather than the suspect’s identity. Police and prosecutors can use suggestive identification procedures, such as lineups, to steer a witness towards a particular result.
The Role of Police Procedures
Police procedures in conducting a lineup can unintentionally suggest to the witness which member of the lineup the police hope the witness will “identify.” Such unconscious communication can occur both in live group lineups and in photo arrays. Researchers suggest that lineups should be double-blind, where neither the witness nor the officer conducting the lineup knows who the actual suspect is in the case. In this way, the conducting officer cannot subconsciously steer the witness towards the “right” suspect. Researchers also suggest that the witness should be recorded at the time of making the identification to make it possible later to assess the witness’s degree of certainty.
How Defense Attorneys Can Combat Unreliable Eyewitness Identifications
Defense attorneys have a number of means at their disposal to combat unreliable eyewitness identifications. One method is a motion to suppress pretrial identifications. If successful, such a motion can stop in-court identifications in their tracks before they ever happen. To be viable, such a motion would have to show that suggestive identification procedures were used and created a substantial likelihood of misidentification. Another method is voir dire, the process during jury selection where attorneys question potential jurors to find those who believe eyewitnesses can be honest but wrong. Finally, skillful cross-examination can give the jury the impression that the witness is wrong about the identification but is not to blame for the mistake.
Consequences of Misidentification
Eyewitness misidentification can have devastating consequences in court, as it is often viewed as powerful testimony. Police and prosecutors can use suggestive identification procedures to steer a witness towards a particular result. Leading to the conviction of innocent individuals. In addition, a wrongful conviction can have significant long-term consequences. Including the loss of employment opportunities and damage to personal relationships.
Contact a Kent Law, L.L.C for Help with Your Case
If you are facing criminal charges and the prosecution claims to have an eyewitness. It is important to seek the help of an experienced criminal defense attorney. At Kent Law, L.L.C., we have years of experience with the system, including as former felony prosecutors. We understand how to combat unreliable eyewitness identifications and will fight hard on your behalf. For a consultation in DuPage, Kane, or Cook County, contact us 24 hours a day at (630) 474-8000.