If you were to witness a crime, would you remember what the suspect looked like, how they were dressed, or what they said? Many people believe they could be trusted to “finger” the bad guy. But, many would be wrong. Eyewitness identification is the leading contributing factor to wrongful convictions in the United States. More people are wrongfully convicted on the basis of a flawed eyewitness id than are by mishandled evidence, for example.
The flaws of eyewitness identification are widely known. Just this week, one state took a major step to reduce the likelihood that such an identification would incarcerate another innocent person.
The Oregon Supreme Court effectively transferred the burden of eyewitness identification reliability to prosecutors. Prior to their ruling, and in other states, eyewitness identifications are treated as fact unless the defense can prove they are somehow unreliable. In Oregon, it’s been turned on its head.
Following the ruling, an editorial in the New York Times rightly said other courts would be smart to take note.
Decades of research have shown identification to be a tricky topic and the human memory to be extremely fallible.
“Because of the alterations to memory that suggestiveness can cause, it is incumbent on courts and law enforcement personel to treat eyewitness memory just as carefully as they would other forms of trace evidence, like DNA, bloodstains, or fingerprints,” remarked the court, “the evidentiary value of which can be impaired or destroyed by contamination.”
One of the problems with eyewitness identification, and most attorneys can attest to this, is that it is highly believable to members of a jury. We naturally want to believe people and we want to believe that human memory seals things up in an infallible time capsule. Especially for those not versed in the flaws of eyewitness identification, convincing them of otherwise can be difficult.
Now, at least in Oregon, the prosecution will have to prove that the eyewitness testimony is both accurate and admissible. For anyone interested in the proper administration of justice, this is a good thing.
If you are accused of a criminal offense, and someone has identified you as the perpetrator, you are facing tough odds. However, no criminal case is completely hopeless. Whether you are accused of assault, drug trafficking, or robbery—we may be able to help. Contact our offices today to discuss the details of your case and how we might be able to help.
About David Matson