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Problems with Identification Testimony in Oklahoma

Problems with Identification Testimony in Oklahoma

Problems with Identification Testimony in Oklahoma

There are many ways to challenge identification testimony in court, because eyewitness statements are inherently unreliable tools to establish people’s identities. Numerous studies show that witnesses misidentify people in lineups and in the courtroom for many different reasons. In recent years, challenges to convictions based on mistaken eyewitnesses have resulted in many innocent people freed.

Some common problems with eyewitness testimony:

  • Witnesses are distracted by weapons, moving vehicles, or clothing (like a hat pulled down low)
  • Poor lighting at the scene, or poor vision on the part of the witness
  • Stress and anxiety during the crime and afterward
  • Witness bias or prejudices
  • The witness’s brain filling in or reconstructing elements missing from their memory
  • Law enforcement use of suggestive identification procedures

Suggestive identification procedures lead to many mistaken identifications. These procedures include rigged photo arrays where one photograph is marked, a “show-up” identification where the witness is brought to the scene and sees the suspect from afar in handcuffs in the back of a police car, or a traditional lineup where the administering officer knows who the suspect is.

Research has shown that witnesses under stress or who feel that they have to pick a perpetrator sometimes select the wrong person. Indeed, when a witness did not observe all details of someone’s face or appearance, his brain fills in the missing details later. This may cause him to misidentify someone based on a detail that he did not actually observe at the scene.

Lineups and other identification procedures that are structured to work around people’s natural tendencies are more effective and less subject to challenge. For example, police departments implement double-blind lineups, non-suspects in lineups who closely resemble the suspect, a confidence statement obtained from the witness after the lineup, and more. Some courts have disallowed “show-up” evidence, and some courts have developed jury instructions that help the jury better assess the credibility of eyewitness testimony.

A thoughtful attorney can help you attack witness identification testimony in court. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, identifies many ways to challenge testimony and evidence for his clients. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.