What Happens When Police Use an Unreliable Eyewitness Identification in a Florida Criminal Case?
A confident witness who picks out a suspect is very convincing to a jury. However, just because someone is confident about something, it doesn’t necessarily mean what they say is true. An individual can truly believe they recognize the suspect but still be wrong, especially if this recognition occurred in stressful situations.
If eyewitness identification is used extensively in a criminal case in Florida, then a lawyer defending the accused will scrutinize the identification process.
How eyewitness identification can be unreliable
Unfortunately, the human memory doesn’t work the same way as a video recorder. Many different things can influence how well a person sees, remembers, and recognizes the suspect.
For instance, the eyewitness might have seen the suspect for just a few seconds. The quality of the lighting, distance, stress, intoxication, distractions, or even the presence of a weapon can impact the memory.
Time also plays a role. Memories change over time. The information that a person learns after the event can sometimes influence their recollections of what they actually saw.
This becomes crucial if there is no physical or forensic evidence linking the accused to the crime.
How do police conduct eyewitness investigations?
Officers have several methods they can employ to ask a witness to identify a suspect. These include photographic lineups, lineups, and “show-ups” where the police present the detainee to the witness right after the crime is committed.
The methods used by officers can affect the identification results obtained. This is because a lawyer may doubt whether the suspect’s picture in an array differed from other pictures. A lawyer may also inquire into the actions or statements of an officer that might imply which person should be chosen by the witness.
Even a minor indication may affect the eyewitness.
Can an unreliable identification be challenged?
Yes. The U.S. Constitution protects against identification techniques that are overly suggestive and violate due process rights.
Admissibility will depend on the individual situation. Courts will review the process of identification as well as the aspects that affect the reliability of the witness’s identification.
Even if the identification is admissible, the prosecution is free to argue its reliability in front of a jury. During cross-examination, issues such as the witness’s ability to observe the perpetrator, the discrepancies in the witness’s prior description, lack of certainty in their first identification, or disparity between the suspect and the earlier description to the police may be brought up.
Other evidence can be critical
Eyewitness testimony need not stand alone. Your Tallahassee criminal defense attorney can match it up against the evidence provided by CCTV footage, mobile phone records, DNA material, fingerprints, and other witnesses.
These inconsistencies can form a critical basis on which to contest the prosecution’s case.
Talk to a Tallahassee, FL, Criminal Defense Lawyer Today
Luke Newman, P.A., represents the interests of Florida residents who are facing charges for serious crimes. Call our Tallahassee criminal lawyers today to schedule an appointment, and we can begin preparing your defense right away.
