Innocence Project Report Focuses on Eyewitness Identification

A new report from the Innocence Project of the Benjamin Cardozo School of Law, Yeshiva University, focuses on eyewitness identifications and lineups. Called "Reevaluating Lineups: Why Witnesses Make Mistakes and How to Reduce the Chance of a Misidentification," describes common problems with lineups and suggests changes to prevent erroneous identifications that result in the convictions of innocent persons.

The report discusses a host of factors that can contribute to wrongful identifications. These include conditions at the time of the crime (such as poor lighting), increased stress at the time of the crime (such as from the presence of a weapon), and cross-racial identification. These factors are inherent in the situation. However, the report also discusses procedural problems in the identification process that can lead to erroneous results and altered memories. These procedural problems can include suggestive photo arrays and linueps, subtle and not-so-subtle cues from the lineup administrator, and the witness's failure to understand the purpose of the identification procedure and belief that an identification is necessary.

The report advocates systemic reform in eyewitness identification procedures. These reforms include changes to increase accuracy in line-ups; having the line-up administered by someone who is not involved in the investigation to minimize influencing the witness; changing the instructions given to witnesses so that they do not feel pressured to select someone from the lineup and realize that the perpetrator may not be present; and electronically recording the procedure. Some states and agencies are already adopting reforms intended to reduce the chance of an innocent person being falsely identified and convicted of a crime based on a faulty eyewitness identification. Hopefully, this report will provide impetus to continue the trend.