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Eyewitness misidentification
Confidence is not the same as accuracy
Memory can be altered by stress, poor viewing conditions, suggestion, repeated exposure, feedback, delay, and biased identification procedures. A sincere witness can still be mistaken, and confidence expressed later may not reflect confidence at the first identification.
What failure can look like
- A lineup or photo array administered by someone who knew the suspect or signaled a preferred choice
- The suspect stood out, fillers were dissimilar, or the witness saw the same person repeatedly
- Confidence increased after confirming feedback, discussion with others, media exposure, or later proceedings
Protect the record
Preserve the original description, all lineup materials, instructions, administrator identity, recordings, confidence statement in the witness’s own words, viewing conditions, prior exposures, and later identifications. Qualified counsel and an identification expert can assess the procedure and memory evidence.