It is in everyone’s best interest to avoid mistaken identification. A criminal defense attorney can explain the process and spot troublesome variables that may lead to mistaken eyewitness identification. ‘When someone is wrongly accused of a crime, two people are trapped on the dark side of justice, while the real perpetrator remains free’, stated by identity expert, Elizabeth Loftus. ... Chan can't speak to the truth of the case, but he said eyewitness … Mistaken eyewitness identifications are a leading cause of wrongful convictions in the United State. What is Mistaken Eyewitness Identification? Faith in eyewitnesses runs so deep that despite the overwhelming proof of Grant’s innocence, the Texas Court of Criminal Appeals refused his exoneration request. The issue of admissibility of expert evidence regarding eyewitness identification remains unresolved in England and Wales. Nevertheless, these subtle behavioral cues affect eyewitnesses’ decisions by making them more likely to choose the suspect. Coherency and sobriety level of the victim. having the lineup, and the lineup should happen as quickly as possible after the incident. The defense asks the judge to order a new lineup promptly because there is a reasonable likelihood that mistaken identification may occur. AEDT, Victoria, Applying behavioural science to create change It is in everyone’s best interest to avoid mistaken identification. Visual identification of suspects can be potentially unreliable, given that an honest but mistaken witness can be a compelling witness. It’s a fact that eyewitnesses … The following chapter deals with the safeguards that have been created to reduce the risk of mistaken identification. It is clear that eyewitness testimony and eyewitness identifications play important roles in the apprehension, prosecution, and adjudication of criminal offenders. But in the 1980s, Wells started testing a new method: sequential lineups, in which possible suspects are viewed one at a time rather than all at once. Research has repeatedly demonstrated that simple confirming comments such as these have dramatic effects on eyewitnesses’ testimony. As of October 14, 2014, 35% of the exonerations in the Registry include mistaken eyewitness identifications, 509 cases out of 1446. Instead, the court wants the six eyewitnesses who originally testified against Grant to respond to his claims of innocence. Eyewitness Testimony Can Be Tragically Mistaken. In eyewitness identification, in criminal law, evidence is received from a witness "who has actually seen an event and can so testify in court". Confidence collected at the time of an identification during a double-blind lineup procedure is informative regarding the eyewitness’s accuracy. He found that sequential lineups resulted in a significant decrease in the false identification rate, with only a small drop in the correct identification rate. Just as double-blind clinical trials in medical studies are intended to prevent patients’ and doctors’ expectations from affecting outcomes of the clinical trial, double-blind lineups aim to prevent witnesses’ and administrators’ expectations from influencing the outcomes of the identification procedure. Mistaken eyewitness identifications contributed to approximately 71% of the more than 360 wrongful convictions in the United States overturned by post-conviction DNA evidence.• Inaccurate eyewitness identifications can confound investigations from the earliest stages. One eyewitness couldn’t recall whether the detective had told him anything after he identified Grant, but the detective acknowledged telling that particular eyewitness “good job” following the identification. What You Need to Know About Kidnapping and Florida Law, Everything You Need to Know About Police Interrogations in Florida, Palm Beach County Domestic Battery Attorney, Palm Beach County Seal and Expunge Attorney, Computer Fraud – Obtaining Financial Information, Fraud in Connection with Counterfeit Credit Cards, Making a False Statement to a Federal Agency, Possessing a Controlled Substance with the Intent to Distribute, Smuggling Merchandise into the United States. A purported eyewitness, who in fact Prior reform bills were vetoed by then-California Governor Schwarzenegger but Gov. There are also a significant number of wrongful conviction cases in which multiple eyewitnesses were mistaken and the conviction rested entirely on that evidence. When an eyewitness or victim mistakenly identifies someone as the criminal. Mistaken eyewitness identifications contributed to approximately 70% of the 363 wrongful convictions in the United States overturned by post-conviction DNA evidence. This is an amazingly high number since eyewitness identification is an important factor in only 5% of all trials (Loh, 1981). In a traditional lineup, a witness views six to nine potential suspects (or their photographs) simultaneously. Yet, eyewitness testimony is considered compelling evidence and has for years been the foundation upon which many cases have been brought to trial. Assistant Professor of Psychology, Arizona State University. Your defense attorney can let you know if this lineup is a good idea. The Report also recommends the creation of a National Research Initiative on Eyewitness Identification to coordinate future research and help make use of its findings. The officer shall give the eyewitness the following instructions before the lineup: The suspect might or might not be among the people in the lineup; The eyewitness should not feel pressured to make an identification; and. Jerry Brown will probably be more receptive. today! [You’re smart and curious about the world. Ronald Chapman can help ensure there are no wrong convictions because of misidentification. If possible, the officer should make an electronic recording that includes audio and visual representations of the line-ups. In photo lineups, the officer should hide from the eyewitness any writings or information concerning any prior arrest of the suspect. Only one suspect may be included in any one lineup. Compared to administrators conducting double-blind lineups, these informed administrators are more likely to ask witnesses about the suspect and smile when witnesses are looking at the suspect rather than at another person in the lineup. Another stated that the killer’s face was “burned into [her] memory immediately.”. According to the Innocence Project at the Cardozo School of Law, mistaken eyewitness identification is the primary cause of the conviction of innocent people in the United States. Two other eyewitnesses, a couple, remembered discussing their selection with one another and confirming each other’s decisions. 400 Clematis Street, Suite 206 But a comparison of the pair’s mugshots reveals that they bear little physical resemblance to one another beyond both being Black men. Arizona State University provides funding as a member of The Conversation US. Schedule your FREE Consultation! The way to avoid these problems with eyewitness testimony is for police to adopt best practices based on the psychological research. ], Future public sector leaders' series So, there is little to be gained from speaking to the original eyewitnesses from Lydell Grant’s case. The testimony of eyewitness identification experts can aid jurors in understanding the psychology of mistaken identifications, but jurors ultimately have to try to decipher the accuracy of an identification on their own. Such behaviors are often inadvertent; neither lineup administrators nor eyewitnesses may be consciously aware that they’re happening. One of the most dramatic cases of eyewitness misidentification occurred in North Carolina. — Visit us at https://justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! 28 However the Scottish case of Gage v HM Advocate, which was a case referred to the high court by the Scottish Criminal Case Review Commission, may be indicative of how the issue could be resolved in England in Wales. Unfortunately for Lydell Grant, these reforms came a year too late. According to the trial transcript, most of the eyewitnesses testified to having been positive when they picked Grant out of the lineup. One might assume that Grant was the murderer’s unlucky doppelganger. DENNIS PERRYConviction Factors Mistaken Eyewitness Identification Incentivized Witness Unrecorded Interrogation Official MisconductCharges Murder (x2)Camden County1985 Crime2000 Arrest2003 ConvictionLife Sentence20+ Years ServedCO-COUNSEL: King & S Eyewitness identification reforms are needed and are simple to implement. Summaries of 46 Cases in Which Mistaken or Perjured Eyewitness Testimony Put Innocent Persons on Death Row Adams, Randall Dale (convicted 1977, exonerated 1989) — Mr. Adams was sentenced to death for the murder of a police officer in Dallas County, Texas. The tragic consequences of mistaken eyewitness identification in cases have been chronicled and jurors and Trial Judges should have the benefit of expert evidence on this important subject. Over 75% of cases so far overturned through DNA testing involved some form of eyewitness error. It is a common problem that can result from ‘suggestive’ police tactics, voice lineups, in-court identifications,  photo arrays, and from being misidentified in a police lineup. — “The vagaries of eyewitness identification are well-known; the annals of criminal law are rife with instances of mistaken identification.”1 * Christina Begakis is a 2017 JD Candidate at Santa Clara University, School of Law with interests in social justice and criminal law. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. But eyewitness identification has been responsible for serious miscarriages of justice. Contact him today to begin to discuss your case. One reported that he had identified Grant without doubt or hesitation. In other words, the confirmatory remark made the mistaken eyewitnesses just as persuasive as the accurate ones. Mistaken eyewitness identification is a major source of conviction of the innocent in North America. The eyewitness is required to describe the suspect. Conference, Victoria, Data for Action: Using Predictive Risk Modelling Tools in Social Services Agencies So are The Conversation’s authors and editors. Mistaken identity is a defense in criminal law which claims the actual innocence of the criminal defendant, and attempts to undermine evidence of guilt by asserting that any eyewitness to the crime incorrectly thought that they saw the defendant, when in fact the person seen by the witness was someone else. New DNA testing on biological material collected from underneath the victim’s fingernails cleared Grant and implicated another man, Jermarico Carter, who police said confessed to the killing. Weapon-focus is when the victim focuses more on the weapon used than the criminal’s face. It’s a fact that eyewitnesses make mistakes. The frailties of eyewitness identification has lead to many instances of wrongful convictions. 561-832-4348, Did you know that over 75% of cases overturned through DNA testing involved eyewitness error? There is no denying the powerful impact at trial of a witness for the prosecution stating with confidence and conviction that the accused was the person observed committing the crime. You can get our highlights each weekend. He defends the accused. Of course, he knew that Lydell Grant was the one under suspicion. — The officer may not say anything to an eyewitness that could influence his/her identification of the suspect. The puzzling question in this case, though, is why did six eyewitnesses independently identify Lydell Grant as the killer and then confidently testify in court? March 25, 2008— -- Julius Earl Ruffin knows all too well how inaccurate eyewitness identification can be. Schedule your FREE Consultation! Law enforcement and the courts should follow the recommendations of social scientists when using and assessing eyewitness techniques, such as lineups, in criminal cases. However, experience has shown that erroneous and mistaken identifications have and do occur, resulting in the wrongful conviction of the factually innocent. Indooroopilly, Queensland, Copyright © 2010–2020, The Conversation Media Group Ltd. Mugshots of Lydell Grant (left, in 2010) and Jermarico Carter (right, in 2007) show the men don’t look very similar. Eyewitness misidentification is when a crime victim or eyewitness mistakenly identifies someone as the perpetrator of a crime even though that person did not commit the crime. Eighty-five percent of the convictions overturned by DNA evidence have involved a mistaken eyewitness.1 Courts, however, have been strongly resistant to restricting suggestive identifications, allowing experts to testify about identification and memory, and changing jury instructions to warn jurors about the factors leading to honest-but-mistaken identifications, preferring instead to rely on cross … When an eyewitness or victim mistakenly identifies someone as the criminal. Call (561) 832-4348 or visit his, Visit us at https://justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. On the strength of six eyewitnesses’ lineup identifications, Lydell Grant was sentenced to life in prison in 2012 for the murder of a young Texas man, Aaron Scheerhoorn, who was stabbed to death outside a Houston nightclub in 2010. The honest but mistaken identification of a person as a criminal has been proven to pose a notable risk in causing wrongful convictions. West Palm Beach, FL 33401 Of the 43 DNA exonerations in Texas, the most of any state, more than 80 percent were due to mistaken eyewitness identification, as were all … In one study, people playing the role of jurors were able to reliably distinguish between accurate and mistaken eyewitnesses when the witnesses had not received any confirmatory feedback. Sixth Amendment Right – Defendants have the right to have their criminal defense attorney present at pretrial lineups. Mistaken eyewitness identifications are a leading cause of wrongful convictions in the United State’s Court System. As an experimental psychologist who conducts research on eyewitness identification, I’ve seen hundreds of examples of highly confident yet mistaken eyewitnesses – both in the laboratory and in actual court cases. Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. s Court System. The remaining 26 states should act swiftly to prevent additional miscarriages of justice, and Lydell Grant should be exonerated. If you are facing criminal charges in Florida, Ronald Chapman can help. Police lineups have evolved over time, but some states still need to catch up. Ronald Chapman is a seasoned criminal defense attorney who can conduct vigorous cross-examination and make a big difference in a case involving mistaken eyewitness identification. Witnesses aren’t able to tell whether their testimony was influenced in this way. Victoria, Proud Partnerships in Place: 2021 First Peoples Public Administration Virtual Conference Confidence reported at trial after the eyewitness has received confirmatory feedback is not. Moreover, confirmatory feedback can alter witnesses’ memories of the original crime, making them less able to recognize the actual perpetrator when they see him again. Call (561) 832-4348 or visit his website. Misidentification can happen during: lineups (where a witness is shown a group of individuals), One of the main causes of wrongful convictions is eyewitness misidentifications. They are the leading cause of wrongful convictions in sexual assault and robbery cases. As an experimental psychologist who conducts research on eyewitness identification, I’ve seen hundreds of examples of highly confident yet mistaken eyewitnesses – both in the laboratory and in actual court cases. It’s time to make eyewitness identification policies uniform and effective in order to prevent wrongful convictions. But if the six eyewitnesses chose Lydell Grant from the lineup only because they were cued to do so by the case detective, why were they so confident in their identifications? Contact him today to begin to discuss your case. Such is the well-known case of Jennifer Thompson, who when 22 years-old was raped at knife point. Psychological experiments have shown that lineup administrators who know who the suspect is end up cuing witnesses toward that person. The most well meaning, honest and genuine eyewitness can, and has been, wrong. The case has since become a mainstay of British legal lore and a demonstration of the unreliability of eyewitness identification — at least 16 people positively identified Beck [sources: Cathcart, Porter, Sydney Morning Herald]. Huff (1987) studied 500 wrongful convictions and concluded that mistaken eyewitness identification occurred in 60%. To date, 24 states have adopted these core procedural reforms, including Texas in 2011, one year after the investigation of Aaron Scheerhoorn’s murder. Ronald Chapman can help ensure there are no wrong convictions because of misidentification. The amount of time passed since identifying the perpetrator. Ronald Chapman can help ensure there are no wrong convictions because of misidentification. Not only do such statements inflate eyewitnesses’ confidence in the accuracy of their identification, but they lead them to falsely remember having been that confident all along. He defends the accused. This non-profit organization uses DNA evidence to … The transcript from Lydell Grant’s trial revealed that the homicide detective in charge of investigating the case administered the lineup to the eyewitnesses. There are 82 DNA exoneration cases in which one eyewitness identification was the only evidence presented, including the cases of Marvin Anderson, Rickie Johnson and Clifford Jones. Scientific best practices for conducting eyewitness lineups require that the person administering the lineup not know who the police suspect. 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