By Rich Williams
Eyewitness identifications play a critical role in law enforcement’s ability to establish, confirm and exclude suspects in criminal cases.
When an eyewitness incorrectly identifies someone as a suspect, however, it can result in an innocent person going to jail and a guilty one remaining free to commit future crimes.
Mistaken identifications have contributed to over 70 percent of the 321 wrongful convictions overturned by post-conviction DNA evidence since 1989, according to the Innocence Project.
While no combination of procedures can completely prevent mistakes in eyewitness identification, researchers, law enforcement personnel and state lawmakers continue to seek methods that ensure the most accurate results are achieved.
At present, 18 states have passed legislation to study or regulate procedures regarding eyewitness identification. To learn more about current state eyewitness identification laws and other forensic science issues, please visit NCSL’s Forensic Science laws database.
In October 2014, a study committee appointed by the National Academy of Sciences (NAS) released a report detailing the best available scientific understanding of eyewitness identification. To compile the report, the committee reviewed relevant research on the nature of human memory and the procedures used in witness identifications.
The report included recommendations made by the study committee for how the justice system can improve the reliability of eyewitness identifications and their use as evidence.
Among other recommendations, the study committee suggested:
- Using “blind” procedures for conducting lineups in which the individual administering the lineup doesn’t know the identity of the suspect.
- Video-recording eyewitness identification procedures.
- Implementing standardized instructions for use with witnesses before they view a lineup.
- Using standard jury instructions to explain the factors that a jury should consider in weighing eyewitness testimony.
This year, Illinois became the most recent state to enact a law (HB 802) addressing eyewitness identification. Many of the provisions in the Illinois legislation were consistent with practices promoted by the NAS study committee.
The law requires that:
- All lineups use a “blind” administrator when available.
- Witness instructions be given before conducting a lineup.
- Video and audio recording of all lineup procedures, unless it is impractical to do so.
In addition to Illinois, Connecticut, Maryland and Vermont also passed laws addressing eyewitness identification procedures in 2014. Details about these and other measures can be found in NCSL’s Forensic Science laws database.
Rich Williams is a policy specialist in NCSL's Criminal Justice program.
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