Few pieces of evidence are more powerful than an eyewitness to a crime pointing to a suspect in a police lineup and exclaiming “That’s him! He’s the one!”
There are also few pieces of evidence more flawed, imperfect, and subject to manipulation by police and prosecutors.
Study after study has shown eyewitness identification to be notoriously unreliable. In fact, as the Innocence Project notes:
“Eyewitness misidentification is the greatest contributing factor to wrongful convictions proven by DNA testing, playing a role in more than 70% of convictions overturned through DNA testing nationwide.”
Memories fade quickly, and recollections can be subject to suggestions and leading statements. Witnesses who simply want to be helpful may incorrectly identify …show more content…
Whether intentional or not, such statements, gestures, or other conditions of the lineup can taint the already questionable accuracy of eyewitness identification from a lineup.
Right to an Attorney During a Lineup
Because of the potential for such conduct, individuals who have been ordered to participate in a lineup have the right to have an attorney present during the lineup procedure. However, the right to counsel during a lineup only applies where:
• you have actually been charged with a crime, and are not just a suspect, and
• it is a live, physical lineup and not a photographic one.
The attorney will be near the witness and the law enforcement representatives conducting the lineup. The lawyer can carefully watch and listen to how the lineup is conducted, and note any objectionable or improper conduct.
How Lineups Are Used by
There are also few pieces of evidence more flawed, imperfect, and subject to manipulation by police and prosecutors.
Study after study has shown eyewitness identification to be notoriously unreliable. In fact, as the Innocence Project notes:
“Eyewitness misidentification is the greatest contributing factor to wrongful convictions proven by DNA testing, playing a role in more than 70% of convictions overturned through DNA testing nationwide.”
Memories fade quickly, and recollections can be subject to suggestions and leading statements. Witnesses who simply want to be helpful may incorrectly identify …show more content…
Whether intentional or not, such statements, gestures, or other conditions of the lineup can taint the already questionable accuracy of eyewitness identification from a lineup.
Right to an Attorney During a Lineup
Because of the potential for such conduct, individuals who have been ordered to participate in a lineup have the right to have an attorney present during the lineup procedure. However, the right to counsel during a lineup only applies where:
• you have actually been charged with a crime, and are not just a suspect, and
• it is a live, physical lineup and not a photographic one.
The attorney will be near the witness and the law enforcement representatives conducting the lineup. The lawyer can carefully watch and listen to how the lineup is conducted, and note any objectionable or improper conduct.
How Lineups Are Used by