‘When someone is wrongly accused of a crime, two people are trapped on the dark side of justice, while the real perpetrator remains free’, stated by identity expert, Elizabeth Loftus. As the crime took place, Thompson carefully studied the appearance of her assailant and later identified him as Ronald Cotton -- who spent over 10 years of a life sentence in prison before DNA … AEDT, Victoria, Applying behavioural science to create change If you are facing criminal charges in Florida, Ronald Chapman can help. Two other eyewitnesses, a couple, remembered discussing their selection with one another and confirming each other’s decisions. Scientific best practices for conducting eyewitness lineups require that the person administering the lineup not know who the police suspect. But when the witnesses had received a simple reinforcing comment following their identification (“Good job, you got the guy”), the mock jurors could no longer tell the difference between accurate and mistaken eyewitnesses. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. What You Need to Know About Kidnapping and Florida Law, Everything You Need to Know About Police Interrogations in Florida, Palm Beach County Domestic Battery Attorney, Palm Beach County Seal and Expunge Attorney, Computer Fraud – Obtaining Financial Information, Fraud in Connection with Counterfeit Credit Cards, Making a False Statement to a Federal Agency, Possessing a Controlled Substance with the Intent to Distribute, Smuggling Merchandise into the United States. One eyewitness couldn’t recall whether the detective had told him anything after he identified Grant, but the detective acknowledged telling that particular eyewitness “good job” following the identification. Jerry Brown will probably be more receptive. Much of the recent debate involves lineups — or, more commonly, photo arrays. [You’re smart and curious about the world. Of the 43 DNA exonerations in Texas, the most of any state, more than 80 percent were due to mistaken eyewitness identification, as were all … ... Chan can't speak to the truth of the case, but he said eyewitness … The officer doing the lineup should not know who the suspect is in the lineup (a.k.a. There are also a significant number of wrongful conviction cases in which multiple eyewitnesses were mistaken and the conviction rested entirely on that evidence. One of the most dramatic cases of eyewitness misidentification occurred in North Carolina. When an eyewitness or victim mistakenly identifies someone as the criminal. Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. But eyewitness identification has been responsible for serious miscarriages of justice. Over 75% of cases so far overturned through DNA testing involved some form of eyewitness error. Unfortunately for Lydell Grant, these reforms came a year too late. In other words, the confirmatory remark made the mistaken eyewitnesses just as persuasive as the accurate ones. Ronald Chapman can help ensure there are no wrong convictions because of misidentification. A lineup must have fillers who match the eyewitness’ description of the suspect. A criminal defense attorney can explain the process and spot troublesome variables that may lead to mistaken eyewitness identification. Just as double-blind clinical trials in medical studies are intended to prevent patients’ and doctors’ expectations from affecting outcomes of the clinical trial, double-blind lineups aim to prevent witnesses’ and administrators’ expectations from influencing the outcomes of the identification procedure. DENNIS PERRYConviction Factors Mistaken Eyewitness Identification Incentivized Witness Unrecorded Interrogation Official MisconductCharges Murder (x2)Camden County1985 Crime2000 Arrest2003 ConvictionLife Sentence20+ Years ServedCO-COUNSEL: King & S Assistant Professor of Psychology, Arizona State University. New DNA testing on biological material collected from underneath the victim’s fingernails cleared Grant and implicated another man, Jermarico Carter, who police said confessed to the killing. The officer may not say anything to an eyewitness that could influence his/her identification of the suspect. He found that sequential lineups resulted in a significant decrease in the false identification rate, with only a small drop in the correct identification rate. Mistaken eyewitness identification is a major source of conviction of the innocent in North America. Police lineups have evolved over time, but some states still need to catch up. Arizona State University provides funding as a member of The Conversation US. Witnesses aren’t able to tell whether their testimony was influenced in this way. All six of those eyewitnesses were wrong. In photo lineups, the officer should hide from the eyewitness any writings or information concerning any prior arrest of the suspect. What is Mistaken Eyewitness Identification? The officer shall give the eyewitness the following instructions before the lineup: The suspect might or might not be among the people in the lineup; The eyewitness should not feel pressured to make an identification; and. If you or a loved one requires legal defense with a mistaken identification case and you are looking to hire an attorney for representation, contact Ronald Chapman. Visual identification of suspects can be potentially unreliable, given that an honest but mistaken witness can be a compelling witness. Misidentification can happen during: lineups (where a witness is shown a group of individuals), Mistaken eyewitness identifications are a leading cause of wrongful convictions in the United State. As of October 14, 2014, 35% of the exonerations in the Registry include mistaken eyewitness identifications, 509 cases out of 1446. Did you know that over 75% of cases overturned through DNA testing involved eyewitness error? West Palm Beach, FL 33401 Ronald S. Chapman, P.A. It’s time to make eyewitness identification policies uniform and effective in order to prevent wrongful convictions. ‘When someone is wrongly accused of a crime, two people are trapped on the dark side of justice, while the real perpetrator remains free’, stated by identity expert. Call (561) 832-4348 or visit his website. — It is a common problem that can result from ‘suggestive’ police tactics, voice lineups, in-court identifications,  photo arrays, and from being misidentified in a police lineup. Contact him today to begin to discuss your case. Laura Smalarz does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment. So are The Conversation’s authors and editors. Not only do such statements inflate eyewitnesses’ confidence in the accuracy of their identification, but they lead them to falsely remember having been that confident all along. “double-blind lineups”). The puzzling question in this case, though, is why did six eyewitnesses independently identify Lydell Grant as the killer and then confidently testify in court? In addition to implementing double-blind lineup procedures, it’s essential that lineup administrators document eyewitnesses’ confidence immediately following an identification. The Report also recommends the creation of a National Research Initiative on Eyewitness Identification to coordinate future research and help make use of its findings. The Innocence Project states that "Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing." It is clear that eyewitness testimony and eyewitness identifications play important roles in the apprehension, prosecution, and adjudication of criminal offenders. “The vagaries of eyewitness identification are well-known; the annals of criminal law are rife with instances of mistaken identification.”1 * Christina Begakis is a 2017 JD Candidate at Santa Clara University, School of Law with interests in social justice and criminal law. Your defense attorney can let you know if this lineup is a good idea. As an experimental psychologist who conducts research on eyewitness identification, I’ve seen hundreds of examples of highly confident yet mistaken eyewitnesses – both in the laboratory and in actual court cases. — The case has since become a mainstay of British legal lore and a demonstration of the unreliability of eyewitness identification — at least 16 people positively identified Beck [sources: Cathcart, Porter, Sydney Morning Herald]. They are the leading cause of wrongful convictions in sexual assault and robbery cases. s Court System. 561-832-4348, Did you know that over 75% of cases overturned through DNA testing involved eyewitness error? He defends the accused. Mistaken identification is the leading cause of over 75% of the wrongful conviction cases across the country. The frailties of eyewitness identification has lead to many instances of wrongful convictions. 1 Our California Criminal Defense Lawyers are here to help ensure that you or your loved done is not wrongly convicted based on misidentification. Instead, the court wants the six eyewitnesses who originally testified against Grant to respond to his claims of innocence. It is in everyone’s best interest to avoid mistaken identification. Of course, he knew that Lydell Grant was the one under suspicion. An identification or failure to make an identification will not stop the investigation. As a result, witnesses who have received confirmatory feedback provide testimony that is highly persuasive to jurors. Evans Lineup – The defense asks the judge to order a new lineup promptly because there is a reasonable likelihood that mistaken identification may occur. Mistaken eyewitness identifications are a leading cause of wrongful convictions in the United State ’ s Court System. Only one suspect may be included in any one lineup. In eyewitness identification, in criminal law, evidence is received from a witness "who has actually seen an event and can so testify in court". — . Defendants have the right to have their criminal defense attorney present at pretrial lineups. The honest but mistaken identification of a person as a criminal has been proven to pose a notable risk in causing wrongful convictions. Schedule your FREE Consultation! Despite a high rate of error (as many as 1 in 4 stranger eyewitness identifications are wrong), eyewitness identifications are considered some of the most powerful evidence against a suspect. If possible, the officer should make an electronic recording that includes audio and visual representations of the line-ups. One of the main causes of wrongful convictions is eyewitness misidentifications. Conference, Victoria, Data for Action: Using Predictive Risk Modelling Tools in Social Services Agencies Mistaken eyewitness identifications contributed to approximately 70% of the 363 wrongful convictions in the United States overturned by post-conviction DNA evidence. Compared to administrators conducting double-blind lineups, these informed administrators are more likely to ask witnesses about the suspect and smile when witnesses are looking at the suspect rather than at another person in the lineup. today! In one case, 5 separate witnesses identified the defendant. Eyewitness Testimony Can Be Tragically Mistaken. 400 Clematis Street, Suite 206 Prior reform bills were vetoed by then-California Governor Schwarzenegger but Gov. What is Mistaken Eyewitness Identification? 28 However the Scottish case of Gage v HM Advocate, which was a case referred to the high court by the Scottish Criminal Case Review Commission, may be indicative of how the issue could be resolved in England in Wales. March 25, 2008— -- Julius Earl Ruffin knows all too well how inaccurate eyewitness identification can be. Criminal Defense Attorney West Palm Beach. It is a common problem that can result from ‘suggestive’ police tactics, voice lineups, in-court identifications,  photo arrays, and from being misidentified in a police lineup. The processes at play in Lydell Grant’s case are predictable and unfortunately common. Author's Note: 10 Terrible Cases of Mistaken Identity Summaries of 46 Cases in Which Mistaken or Perjured Eyewitness Testimony Put Innocent Persons on Death Row Adams, Randall Dale (convicted 1977, exonerated 1989) — Mr. Adams was sentenced to death for the murder of a police officer in Dallas County, Texas. A criminal defense attorney can explain the process and spot troublesome variables that may lead to mistaken eyewitness identification. Eyewitness misidentification is when a crime victim or eyewitness mistakenly identifies someone as the perpetrator of a crime even though that person did not commit the crime. As an experimental psychologist who conducts research on eyewitness identification, I’ve seen hundreds of examples of highly confident yet mistaken eyewitnesses – both in the laboratory and in actual court cases. ], Future public sector leaders' series On the strength of six eyewitnesses’ lineup identifications, Lydell Grant was sentenced to life in prison in 2012 for the murder of a young Texas man, Aaron Scheerhoorn, who was stabbed to death outside a Houston nightclub in 2010. On May 3, 1982, in a Norfolk, Va. circuit court, the 29-year-old was convicted of a rape that he did not commit and was sentenced to five life sentences. Information concerning the identified person will not be given to the eyewitness before obtaining the eyewitness’ statement of confidence level and documenting the precise words of the eyewitness; The officer will not validate or invalidate the eyewitness’ identification. The eyewitness is required to describe the suspect. It is in everyone’s best interest to avoid mistaken identification. Law enforcement and the courts should follow the recommendations of social scientists when using and assessing eyewitness techniques, such as lineups, in criminal cases. Such behaviors are often inadvertent; neither lineup administrators nor eyewitnesses may be consciously aware that they’re happening. Sixth Amendment Right – Defendants have the right to have their criminal defense attorney present at pretrial lineups. You can get our highlights each weekend. Attachments Summaries of the cases in which 46 legally exonerated defendants were convicted and sentenced to death in whole or part based on apparently mistaken or perjured eyewitness Ronald Chapman is a seasoned criminal defense attorney who can conduct vigorous cross-examination and make a big difference in a case involving mistaken eyewitness identification. Mistaken identifications are the leading cause of wrongful convictions in the United States. The issue of admissibility of expert evidence regarding eyewitness identification remains unresolved in England and Wales. Ronald Chapman can help ensure there are no wrong convictions because of misidentification. According to the trial transcript, most of the eyewitnesses testified to having been positive when they picked Grant out of the lineup. Confidence collected at the time of an identification during a double-blind lineup procedure is informative regarding the eyewitness’s accuracy. Another stated that the killer’s face was “burned into [her] memory immediately.”. Mistaken eyewitness identifications are a leading cause of wrongful convictions in the United State’s Court System. Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. When an eyewitness or victim mistakenly identifies someone as the criminal. In a traditional lineup, a witness views six to nine potential suspects (or their photographs) simultaneously. But a comparison of the pair’s mugshots reveals that they bear little physical resemblance to one another beyond both being Black men. The most well meaning, honest and genuine eyewitness can, and has been, wrong. Confidence reported at trial after the eyewitness has received confirmatory feedback is not. The remaining 26 states should act swiftly to prevent additional miscarriages of justice, and Lydell Grant should be exonerated. — There is no denying the powerful impact at trial of a witness for the prosecution stating with confidence and conviction that the accused was the person observed committing the crime. My review of the transcripts from Grant’s trial suggests a simple explanation for these high-confidence mistakes: The police did not use scientific best practices for collecting the eyewitness identification evidence. There have been hundreds of cases in which mistaken eyewitness identification testimony led to the conviction of innocent people. Call (561) 832-4348 or visit his, Visit us at https://justiceflorida.com/ You can also connect with the, West Palm Beach Criminal Defense Office online. So, there is little to be gained from speaking to the original eyewitnesses from Lydell Grant’s case. Psychological experiments have shown that lineup administrators who know who the suspect is end up cuing witnesses toward that person. When an eyewitness or victim mistakenly identifies someone as the criminal. The tragic consequences of mistaken eyewitness identification in cases have been chronicled and jurors and Trial Judges should have the benefit of expert evidence on this important subject. But his name has not been cleared. Nevertheless, these subtle behavioral cues affect eyewitnesses’ decisions by making them more likely to choose the suspect. By Stephanie Pappas 22 September 2011. having the lineup, and the lineup should happen as quickly as possible after the incident. If the eyewitness identifies a person he/she believes to be the suspect, all of the following shall apply: The investigator will immediately ask about the eyewitness’ confidence level in the accuracy of the identification and record in writing, word for word, what the. Research has repeatedly demonstrated that simple confirming comments such as these have dramatic effects on eyewitnesses’ testimony. This non-profit organization uses DNA evidence to … All eyewitnesses must be separated during a lineup. Three of the eyewitnesses reported that the detective told them that they had picked the same person other people had, though the detective himself denied having made such statements. The testimony of eyewitness identification experts can aid jurors in understanding the psychology of mistaken identifications, but jurors ultimately have to try to decipher the accuracy of an identification on their own. 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