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    Understanding Mistaken Eyewitness Identification in Criminal Cases

    Posted on: December 9th, 2022 by Dod Law

    Mistaken Eyewitness IdentificationEyewitness identification plays an essential role in criminal justice cases and can be a crucial factor in determining the outcome of a trial. Unfortunately, mistaken eyewitness identification can have serious consequences, such as the imprisonment of an innocent person or the release of a guilty person. 

    It is important to understand the factors that can lead to mistaken identification in order to ensure that the criminal justice system works properly and that the right person is held accountable for any crime committed. Our skilled lawyers with over 18 years of experience at Dod Law, APC can help you with any questions you may have about mistaken eyewitness identification and how it pertains to your case.

    What Is Eyewitness Identification?

    Eyewitness identification is the process by which an eyewitness of a crime identifies the perpetrator. It is one of the most widely used forms of evidence in criminal proceedings, and is often considered to be very reliable. However, when not done correctly, it can lead to wrongful convictions. The most common form of eyewitness identification is through a lineup, in which the witness is presented with several people who match their description and asked to choose which one they believe committed the crime.

    While this method has proven effective in many cases, it also carries with it a high risk of false identification due to human error and bias. This is called mistaken eyewitness identification. In order to ensure that eyewitness identification is accurate, strict procedural safeguards must be followed at all times.

    Factors that Lead to Mistaken Witness Identification

    Many mistakes can lead to mistaken witness identification. This can occur in a number of ways, such as during a lineup or photo array. Factors that may lead to mistaken identification in these situations include poor lighting, a lack of security when creating lineups or photo arrays, or human errors with memory due to stress, allowing for potential suspects to be easily manipulated by an experienced criminal.

    Additionally, if there is pressure from law enforcement for witnesses to make an identification quickly, this could result in a false identification being made. To prevent mistakes from occurring and leading to mistaken identifications, it is important that lineups and photo arrays are conducted under controlled conditions with adequate security and lighting.

    How Common is Eyewitness Misidentification?

    Mistaken eyewitness testimony can be extremely persuasive to jurors and, unfortunately, lead to the conviction of innocent people. According to The Innocence Project, it is estimated that mistaken eyewitness identification has contributed to more than 69% of wrongful convictions overturned by DNA evidence.

    In some cases, a witness may not have had enough time or opportunity to properly identify a suspect or was under undue influence from police officers when making an identification. Misidentification can also occur if a witness does not pay attention during the incident or fails to recognize a perpetrator at all. Overall, mistaken eyewitness identification is unfortunately common and continues to play a significant role in criminal proceedings.

    Expert Lawyers at Dod Law, APC Can Help

    Even though eyewitness testimony and identification practices are flawed, they continue to be a central part of criminal cases. However, a skilled lawyer can help you if you think eyewitness misidentification may have played into your case and the consequences levied against you. 

    If you have any questions about the legal process or need help with your own case, connect with expert legal help to make sure that your case is accurately represented. Contact Dod Law, APC at (619) 814-5110 or by using our contact form to schedule a free consultation today.

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    Meet Attorney Dod Ghassemkhani

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    • San Diego Criminal Defense Bar Association | Named San Diego County’s 2023 Trial Lawyer Of The Year
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