Problems with Eye-Witness Identification

A common method of obtaining an identification of a suspect is for law enforcement to use a six-pack photo array (a series of six headshots). When faced with a police lineup or photo array, eyewitnesses are likely to see it as a multiple choice type of test -- a multiple choice test that has no "none of the above" answer. Therefore, a witness may see the lineup or photo array as a task of identifying the person who best matches his recollection of the perpetrator -- even if that match is not perfect.

But simply choosing the person who looks the most like a perpetrator, is not a method of obtaining justice. Some reports indicate over 5,000 people a year are wrongly convicted due to misidentification. Mistaken eyewitness identification is widely considered the leading cause of wrongful convictions in the United States. Of the 232 cases over-turned by DNA evidence to date, over 75% have involved faulty eyewitness identification.

San Mateo Attorney Criminal Defense Redwood City