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Eye Witness Identification

Eyewitness Identification

Eyewitness identification is wrong much of the time.  If you are accused of a crime and the evidence against you includes eyewitness identification, cross examination of that witness should include:

●Time of day?

●Light Source?

●Direction from which the light source shines?

●What was perpetrator wearing?  Top, Bottom, Shoes, Hat, Jacket, Socks, everything.

●Height, Weight, Hair color, Eye color of perpetrator?

●How many seconds were you looking at perpetrator?

●When was your last eye check up?

Photo Array

When someone claims to be an eyewitness to a crime, the police sometimes find photographs of people who look like the description given by the eyewitness.  Then, the eyewitness looks at the photo array and picks out the person that he or she saw

There are very specific rules that need to be followed by the police when conducting a photo array identification.  Defense must question the procedure thoroughly.

Line Up

When someone claims to be an eyewitness to a crime, the police sometimes find several people who look like the description and have them line up so the eyewitness can pick out the person he or she supposedly saw commit the crime.

There are very specific rules that need to be followed by the police when conducting a lineup.  Defense must question the procedure thoroughly.

Show up

Sometimes the police just grab someone off the street who happens to be nearby an alleged crime and then put the alleged victim in a police car and drive by that person or take that person to the alleged victim for identification.

Show-up identifications are highly suspect and should be attacked by the defense.

Categories: Criminal Defense
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