![]() ![]() ![]() The apparent reliability of eyewitness identification can be deceptive, and it is often honest and sincere. ![]() The accuracy of the eyewitness should not be determined by or be "coextensive" with the confidence or honesty of the witness. Weight put upon eyewitness testimony must vary based on the "circumstances of the individual case". There is a particular need for caution in cases "that involve fleeting glimpses of unfamiliar persons in stressful circumstances". This includes instructing himself and bearing in mind the guidelines when considering evidence of identification. Judges are required to given special cautions when considering identification evidence. Special care and caution should be taken. Ĭonsequently, identification evidence is treated differently than other evidence. It is highly suggestable and contaminates identification. Ī viewing of only a single image can have the effect of stamping the face of the accused on the memory of the true perpetrator. It is “well-established” that the frailties of eyewitness identification has “lead to wrongful convictions, even in cases where multiple witnesses have identified the same accused” Įven honest and convincing witnesses may misidentify individuals. It is essential that courts recognize the risk of honest but mistaken beliefs of an eyewitness. The focus of the concern is not on credibility, rather is on reliability and risk of assigning undue weight to the evidence. The trier of fact must take the frailties into consideration when looking at whether the accused was known to the witness, the circumstances of the identification, and the level of detail of the identification. There is basic "eyewitness identification evidence" given by a person who has no personal acquaintance with the person being identified and then there is "recognition evidence" in which the witness has some prior familiarity with the person.Ĭourts are very cautious and "weary" of eyewitness identification evidence as it is considered "inherently" and "notoriously" unreliable. What is generally considered "eyewitness" evidence comes in two forms. ![]()
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