Eyewitness misidentification accounts for nearly 69% of DNA exonerations. Of the total wrongful convictions, another 450 non-DNA-based exonerations were also attributed to witness misidentification. But why is eyewitness testimony so unreliable? In short, traditional lineup techniques, police interference, and cross-racial misidentification have all been shown to contribute to the misidentification of criminal suspects.
If you have been wrongfully accused or charged with a crime based on eyewitness testimony, your first call should be to our Michigan wrongful conviction attorney at Mueller Law Firm.
Misleading or Poor Pre-Identification Instructions
The criminal justice system relies heavily on eyewitness identification in convicting culprits. When other evidence is lacking, witness identification may be the only way to convict a guilty party. A traditional police lineup consists of a suspect plus four or five fillers. A filler is someone who has identifying characteristics similar to the suspect but did not commit the crime.
Whether presenting an in-person lineup or photographs of potential suspects, the police should state that the suspect may or may not be present. Poor pre-lineup instructions can cause a witness to identify the wrong person, based on nothing more than the power of suggestion.
Poor Filler Selection
By using fillers, the police are testing the eyewitness’s memory. As such, the police should pick fillers that look somewhat like the suspect to allow the suspect to stand out. When the police use fillers that do not look similar to the suspect, the suspect may disproportionately stand out. Instead of relying on memory, the suspect compares the fillers with the suspect. Even if the police give the qualifying instruction that the suspect may or may not be present, poor filler selection is likely to lead to misidentification.
Simultaneous Lineups
Police lineups may be simultaneous or sequential. Simultaneous lineups are the most commonly used by law enforcement. It involves the eyewitness being presented with the fillers and suspect all at once. This differs from a sequential lineup in which the eyewitness is presented with potential suspects one at a time (proven to be more scientifically reliable). While commonly used, simultaneous lineups make it more likely that the witness will compare the suspects to one another instead of relying on their own memory.
Non-Blind Lineup Administrator
The most reliable police lineups are blind. In a blind lineup, the administrator does not know the identity of the suspect. However, nearly 90% of police lineups are non-blind lineups, increasing the chances of mistaken identity. Although unintentional, police officers are more likely to undermine eyewitness identification in a non-blind lineup. This may be done through facial expressions, gestures, or a nod of approval after a witness identifies the suspect. Sadly, police interference can play an integral role in misidentifying a criminal suspect.
Cross-Racial Misidentification
An estimated one-third of wrongful convictions can be attributed to cross-racial misidentification. Whether or not we like to admit it, we are less likely to correctly ID someone of a different race. Known as the cross-race effect, we are more likely to identify facial features of a race we are more often exposed to (which is usually our own). Even when a witness is highly confident that they have correctly identified the perpetrator, they may be mistaken.
Speak with Our Michigan Wrongful Conviction Lawyer
Even though the legal system attempts to punish offenders, there are miscarriages of justice. At Mueller Law Firm, representing the wrongfully accused is our initiative. If you or a family member is facing criminal accusations, reach out to our Michigan wrongful conviction attorney. To arrange your free consultation, our office can be reached online or by phone.
