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 a suspect instead of clearing them of suspicion. Notwithstanding the problems with eyewitness identification, it will never cease to be used by law enforcement and prosecutors. One of the most common and familiar ways to obtain a positive identification of a criminal suspect is through the use of a lineup. You are likely somewhat familiar with the concept of a lineup from movies and television shows. But how do they work? What are your rights? How are police lineups used in criminal cases in Nevada? How Lineups Work A typical lineup typically consists of five to six people, including the suspect. The other individuals are “fillers” who are supposed to fit a description of or resemble the suspect. The term lineup brings to mind images of individuals lined up next to each other in front of a wall while the witness, police, prosecutors, and others look through a two-way mirror at them. However, a “lineup” can also refer to a series of photos shown to a witness to see if they can positively identify the suspect from the pictures. There are two primary ways live and photo lineups are conducted. In a simultaneous lineup, the witness views the suspect and the fillers at the same time. In a sequential lineup, the witness looks at the individuals or photos one at a time. Nevada law (NRS 171.1237) requires that every law enforcement agency in the state establish policies and procedures for conducting live and photo lineups. These procedures may vary from jurisdiction to jurisdiction. The Las Vegas Metropolitan Police Department, for example, recently updated its policies to require “blind” photo lineups, where the administrator isn’t aware who the suspect is. This may not be the case elsewhere in the state. Problems with Lineup Procedure Aside from flawed memory, other factors that can lead to a false identification in a lineup are: • Conditions that make a suspect “stand out” from the other people in the lineup, in a way that suggests the witness should select him/her; • A situation where the suspect is the only person in the lineup who meets the witness 's description of the perpetrator; and • Police making comments to the witness that suggest they should choose a particular person in the lineup. …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 Prosecutors If an eyewitness identifies the accused during a lineup, that identification can be used as evidence by prosecutors at trial. That is why having counsel present during a lineup is so crucial. If the lineup was conducted improperly or tainted by bias, a defense attorney can move to have the identification from the lineup excluded from evidence. He or she may do so either: • Through a motion as part of the
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 a suspect instead of clearing them of suspicion. Notwithstanding the problems with eyewitness identification, it will never cease to be used by law enforcement and prosecutors. One of the most common and familiar ways to obtain a positive identification of a criminal suspect is through the use of a lineup. You are likely somewhat familiar with the concept of a lineup from movies and television shows. But how do they work? What are your rights? How are police lineups used in criminal cases in Nevada? How Lineups Work A typical lineup typically consists of five to six people, including the suspect. The other individuals are “fillers” who are supposed to fit a description of or resemble the suspect. The term lineup brings to mind images of individuals lined up next to each other in front of a wall while the witness, police, prosecutors, and others look through a two-way mirror at them. However, a “lineup” can also refer to a series of photos shown to a witness to see if they can positively identify the suspect from the pictures. There are two primary ways live and photo lineups are conducted. In a simultaneous lineup, the witness views the suspect and the fillers at the same time. In a sequential lineup, the witness looks at the individuals or photos one at a time. Nevada law (NRS 171.1237) requires that every law enforcement agency in the state establish policies and procedures for conducting live and photo lineups. These procedures may vary from jurisdiction to jurisdiction. The Las Vegas Metropolitan Police Department, for example, recently updated its policies to require “blind” photo lineups, where the administrator isn’t aware who the suspect is. This may not be the case elsewhere in the state. Problems with Lineup Procedure Aside from flawed memory, other factors that can lead to a false identification in a lineup are: • Conditions that make a suspect “stand out” from the other people in the lineup, in a way that suggests the witness should select him/her; • A situation where the suspect is the only person in the lineup who meets the witness 's description of the perpetrator; and • Police making comments to the witness that suggest they should choose a particular person in the lineup. …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 Prosecutors If an eyewitness identifies the accused during a lineup, that identification can be used as evidence by prosecutors at trial. That is why having counsel present during a lineup is so crucial. If the lineup was conducted improperly or tainted by bias, a defense attorney can move to have the identification from the lineup excluded from evidence. He or she may do so either: • Through a motion as part of the