Eyewitness identification involves recognizing a suspect in a crime, often through a police station line-up. Witnesses may testify in court, and the prosecutor reviews the case. Police question witnesses quickly to obtain descriptions and may show photographs of previous criminals. The police cannot provide help during identification, and improper procedures may lead to charges being dismissed. Witnesses may be contacted before trial, and wrongful convictions can result in legal action against the police and witness.
Eyewitness identification is a term that refers to a person who is able to recognize a suspect who is believed to be involved in a crime. The witness will be asked to make a positive identification from several suspects who appear similar in appearance, and this often takes place within a police station. Subsequently, the witness may be required to testify within a court of law if the suspect goes to trial. Because the time period between initial eyewitness identification and trial can sometimes be several months or years, part of the procedure usually involves reviewing the case with the prosecutor.
When a crime is committed, the police normally try to question every potential witness as quickly as possible. The reason for the urgency is because the crime is still fresh in each person’s mind, and at that moment they are much more likely to remember important details. If a witness believes they saw a suspect during the act of crime, authorities will obtain a description of the person and try to locate him. This process also sometimes includes viewing photographs of previously convicted criminals.
If a suspect is located, the witness is normally taken to the police station and asked to confirm the identity of the suspect. This process can occur in a process called a line up, and several others who bear a resemblance to the suspect will also be brought into the room. By law, the police are not allowed to provide tips or help during any part of eyewitness identification. When a suspect’s attorney believes that these rules have not been followed, an objection may be filed with a judge. In cases where improper procedures occurred during the eyewitness identification, the charges could be dismissed entirely.
If the suspect goes to trial, a representative of the prosecutor’s legal team will contact the witness. During this time, the original witness statement will be reviewed to help jog her memory, and a photograph of the identified suspect may be provided as long as it dates back to the time of the incident. Often, the suspect will completely change her appearance before the trial to confuse the witness. The judge orders the witness to identify the subject only if he is 100% sure of the person’s identity, which is often difficult to do after long periods of time.
Occasionally there are also cases of eyewitness identification resulting in a wrongful conviction. This is where the witness misidentified a suspect as actually having nothing to do with the crime, and the evidence was strong enough to make a conviction. If the arrest is later reversed, the suspect has legal rights to seek monetary damages against both the police department and the witness.
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