The Innocence Project , a legal center specializing in overturning wrongful convictions, tells us that two thirds of the 242 DNA exoneration of wrongful convictions since 1989 were based on flawed eyewitness identification. Trial lawyers know its the most dangerous testimony in a courtroom because jurors so readily rely upon it. Those 242 exonerated defendants were lucky enough to have DNA in their evidence jackets. There is no way to know how many others are in prison based on incorrect eyewitness identification but have no DNA to exonerate them.
To show the weakness of such testimony just watch a pro football game on Sunday. Last Sunday Mark Sanchez of the Jets hit his receiver in the corner of the end zone with a referee looking directly at the play from 6 feet away and he ruled it a touchdown. Instant replay caused a reversal because it showed the receiver only had one foot in bounds. This from a professionally trained eyewitness. There is no instant reply from a crime scene.
In New Jersey the eyewitness identification procedure was revised in 2001 to use sequential blind lineups. The former procedure allowed the police to to place the photos side by side to allow the witness to make comparisons.
Under the new procedure the whiteness is shown one picture at a time. The detectives who show the photos don't know who the suspect is which means they can't accidentally or intentionally tip off he witness.
Experts tell us that this procedure will help to lessen the chance of misidentification.
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