Eyewitness Error


Definition

At least one witness mistakenly identified the exoneree as a person the witness saw commit the crime.

Case Examples

Remedies

The lineup protocol endorsed by the National Association of Criminal Defense Lawyers, the Center on Wrongful Convictions, and the MacArthur Justice Center would replace the current lineup procedure with a sequential, double-blind procedure. Presenting suspects to witnesses sequentially rather than side by side reduces the tendency of witnesses to make relative judgments, which often are inaccurate. The double-blind aspect, under which the investigator administering the identification procedure does not know who the suspect is, reduces the possibility that witnesses will be improperly influenced to choose a particular individual.