What is Mistaken Eyewitness Identification?
Mistaken eyewitness identification occurs when a victim or witness incorrectly identifies someone as the perpetrator, even though that person was not involved in the crime.
Essentially, the witness points to the wrong individual. Sometimes, police misconduct, such as aggressive or unethical tactics during investigations, can lead to misidentification.
In other instances, the mistake is honest on the part of the victim or witness.
Mistaken identification worsens when it takes hold in an eyewitness's memory. Misidentification is simply when someone is wrongly identified.
If witnesses make this error early, like during a photo lineup, they often convince themselves they have correctly identified the suspect. This false certainty becomes ingrained, leading them to persist in mistakenly identifying the same individual.
Wrongful Convictions
Eyewitness testimony in court can often be one of the most compelling and powerful types of evidence you'll encounter.
When someone witnesses a traumatic event, such as a crime, it seems reasonable to assume they would remember the details clearly. While they may not recall every tiny aspect, they should at least be able to identify who was present. Unfortunately, this is not always accurate.
Mistaken eyewitness identifications have resulted in numerous wrongful convictions and individuals being wrongfully accused of crimes.
Errors in eyewitness testimony are among the primary reasons for such injustices. Many cases overturned by DNA evidence involved eyewitness mistakes. Our California criminal defense lawyers will explore this issue in more detail below.
Understanding Mistaken Witness Identification
Mistaken witness identification occurs when a witness incorrectly identifies someone as the perpetrator of a crime, despite their best efforts to be truthful about their observations.
Modern DNA evidence has led to the overturning of many wrongful convictions that were originally based on mistaken witness IDs.
These errors can stem from honest mistakes, but sometimes they happen because the witness believes the individual committed the crime for a specific reason.
Sometimes, a person's local reputation might lead to them being wrongly identified as the perpetrator of a crime, even if they are innocent. Misidentification can occur in various situations, including:
- Police lineups involve showing a witness a group of individuals.
- A photo lineup involves showing a witness a series of pictures.
- Court identifications where a witness is asked to identify the perpetrator during a court proceeding.
- Showups occur when police present a witness with someone near a crime scene.
- Voice lineups involve police asking witnesses to listen to various voices.
Factors Contributing to Incorrect Witness Identification
Many factors can lead to a person being mistakenly identified as the perpetrator. A key factor is suggestive behavior by police or prosecutors.
If law enforcement or prosecutors verbally or nonverbally influence the crime victim about who to select as the offender, they are being suggestive. When victims are asked to identify their attacker, they may be shown in lineups, photo arrays, or showups.
In-person lineups resemble those seen on TV and in movies, where several people stand side by side, and the victim must identify the perpetrator.
Photo arrays are collections of photographs of different individuals, and the victim is asked to select the person who caused their harm.
The lineup or photo-array participants must be similar in size, build, and race to avoid bias in the identification process.
Some identifications rely on voice recognition, which can be challenging for the victim and increase the likelihood of errors.
Types of Laws Designed to Prevent Misidentification
State and federal statutes and case law are designed to prevent mistaken witness identification from resulting in wrongful convictions.
The United States Constitution safeguards this through the due process clause and the right to a fair trial. Additionally, Article I, Section 15 of the California Constitution specifically protects against mistaken eyewitness identification.
Moreover, defendants are guaranteed a Sixth Amendment right to have their criminal defense lawyer present during pretrial lineups.
Expert witnesses may also be present to clarify the science of mistaken witness identification, emphasizing that the victim in this case may not be wrong about being a victim but may be mistaken about the perpetrator.
In California, a judge has the authority to order an Evans lineup, leading to a new in-person lineup to address possible errors in the earlier identification.
Methods to Prevent Incorrect Witness Identification
Preventing someone from mistaking you for a criminal is difficult unless you have a solid alibi or video evidence showing you did not commit the crime.
If mistaken witness identification occurs, your defense will need to be tailored to your specific facts and circumstances. You might also need to involve an expert witness to clarify how and why you are being wrongly accused.
A careful cross-examination can sometimes make a witness realize they may not have correctly identified the perpetrator.
Under California Penal Code Section 991, defendants may request a pretrial hearing to dismiss misdemeanor charges when the evidence is insufficient.
What are the Jury Instructions?
CALCRIM 315 instructs the jury to determine whether an eyewitness's testimony is accurate. The instructions prompt the jury to evaluate several factors, including the witness's ability to see the perpetrator and the quality of their description.
If the witness has ever failed to identify the defendant, this should be considered in their evaluation. Additionally, the jury must assess the witness's confidence in their testimony.
Mistaken identification remains a major concern in California criminal cases, often resulting in wrongful convictions. Victims' and witnesses' memories are fallible, and errors occur in good faith.
Police detectives, under pressure to close cases, sometimes take shortcuts by offering unethical guidance to witnesses, which can lead to the wrong individual being identified as the perpetrator.
If you're facing charges and believe you have been wrongly identified, contact our law firm to review your case. We can negotiate with the prosecutor to create a reasonable doubt, which might lead to charges being reduced or dismissed. Perhaps we can argue there is insufficient evidence to convict.
If we get involved early, we can also collaborate with law enforcement and the District Attorney to prevent formal charges from being filed. Reach out to Cron, Israels & Stark for a case evaluation.