Eyewitness testimony is unreliable, which is why no criminal case should be built entirely on it. We have expert witnesses on standby at Law Office of Michael L. Fell who can help poke holes in inaccurate eyewitness testimony. Continue reading to discover more about it, as well as the top five causes of misidentification and how a criminal defense attorney in California can assist you if you have been charged with a crime. Then call us at (949) 585-9055 to get started.
Misidentification of eyewitnesses is a serious problem
Although most individuals think that eyewitness misidentification is a terrible thing, many people believe it is not a prevalent problem. The truth is that misidentification is complicated by two factors. To begin with, a person who is not guilty of the offense may be penalized. Second, the criminal is not punished or apprehended, and he or she is free to conduct future crimes.
In a lineup, when looking at a photo array, when seeing a single individual at the crime scene, in a voice lineup, or when identifying a person in court, a witness can misidentify a suspect. Misidentification occurs far more frequently than individuals assume, according to studies, and for a number of reasons.
- Memory is limited
- Witnesses are stressed and anxious
- Police can be suggestive
- Witnesses have prejudices
- The predilection for weapons
It is difficult to remember everything that is seen, regardless of who is present. A person may get a glimpse of someone and use their memories to fill in aspects they didn't notice or remember, such as hair color, eye color, weight, or height. The person can be very positive that they have a true memory when, in fact, they do not.
When a person observes a crime, they will obviously be anxious and stressed. This can lead to them making mistakes in their observations or later when recalling facts.
If the authorities believe they have located a guilty perpetrator, they may utilize deceptive or suggestive strategies to present a witness with suspects. An officer might, for example, accompany an eyewitness to a lineup and then give subtle hints about who the witness should choose from the lineup.
Whether we like it or not, we all have biases. Cross-biases, or the tendency to recognize faces of one's own race more easily than those of other races, can be a serious problem that leads to misidentification and criminal charges.
If a weapon was used in the crime, it is usual for witnesses to focus on the weapon rather than the suspect. As a result, witnesses are frequently able to describe a weapon in great detail, even when they are unable to identify the real suspect.
If you have been charged with a crime in California, request a free legal consultation with Law Office of Michael L. Fell at (949) 585-9055 today.