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New Jersey High Court Questions Accuracy of Eyewitness ID’s

June 28, 2010 by Matthew Reisig

In a move unmatched by any other state, the Supreme Court of New Jersey has looked at piles of scientific evidence concerning the reliability of eyewitness testimony and developed procedures to minimize the disastrous effects of misidentification.

According to the Innocence Project, 75{74bbbd36a4df8b83bd1805c8c4f34bcc3063e84848f392c2fd8bb03fcdaa883e} of all 254 DNA exonerees across the country were initially convicted on the basis of eyewitness testimony. 3 out of 5 of the New Jersey exonerations involved mistaken identifications as well. Because eyewitness identification plays such a big role in many criminal cases, ensuring their accuracy is crucial in preventing the incarceration of the innocent.

The Court examined more than 200 pieces of research, books, and articles concerning the subject and had 7 experts testify. Recommendations include having pretrial hearings to validate the reliability of eyewitness and the procedures used in the fact finding and investigation stages of the case. The burden would rest on the prosecution to prove the witnesses reliability.

As the Inquirer report points out, many factors can influence eyewitness identification. Rarely, if ever, is the misidentification intentional. Instead, it is most often an honest mistake caused by any number of influences.

The race of the witness when compared with the alleged suspect can affect their ability to identify them. Also, whether a weapon was present or not can cause a witness to miss details of a person’s appearance.

Many police departments across the nation have changed the way they do photo lineups in recent years in an effort to minimize mistakes. How they arrange the photos and the things they say during the identification phase can all slightly shift a witness’s choice and cops must be extremely careful so as not to unconsciously influence the id.

All of the evidence used against you during criminal proceedings must be foolproof. As your attorney, if there is any doubt of the reliability of any of the evidence, we can challenge its admissibility in court. Whether you are facing assault charges or drug charges, I can help.

Contact my offices today for a free consultation on your criminal case.

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* The reference to 1,389 cases without a DWI conviction applies to cases prior to November 1, 2017. This information should not create an unjustified expectation that similar results can be obtained for others without regard to the specific factual and legal circumstances.

** 82% Winning Percentage at Trial is from 2012 through 2017.