NCJ Number
57283
Date Published
1978
Length
0 pages
Annotation
A DEFENSE ATTORNEY DISCUSSES THE DIFFICULTIES INHERENT IN THE DEFENSE OF CLIENTS WHO HAVE BEEN IDENTIFIED BY EYEWITNESSES AS BEING OFFENDERS.
Abstract
ALTHOUGH GUILTY PARTIES HAVE BEEN IDENTIFIED BY EYEWITNESSES BASED ON SUCH SLENDER EVIDENCE AS THE SOUND OF A DEFENDANT'S VOICE OR THE SHAPE OF HIS EAR, MANY INNOCENT PARTIES ARE FORCED TO DEFEND THEMSELVES AGAINST PROSECUTION WITNESSES WHO CLAIM TO HAVE CLEAR PERCEPTIONS OF THE PERPETRATOR OF THE CRIME. AMONG PERSONS WHO HAVE BEEN FOUND INNOCENT OF CRIMES FOR WHICH THEY WERE INITIALLY CONVICTED, 65 PERCENT WERE CONVICTED ON THE BASIS OF EYEWITNESSES ACCOUNTS. EYEWITNESS IDENTIFICATIONS ARE INCORRECTLY ASSUMED TO BE STATEMENTS OF FACTS AND ARE INTERPRETED AS FACTS BY THE JURIES. AT BEST, SUCH IDENTIFICATIONS ARE ONLY OPINIONS OF THE WITNESS, AND THE INITIAL OBSERVATIONS OF THE OFFENDER ARE USUALLY MADE AT MOMENTS OF EXTREME TRAUMA DURING A CRIME. A VICTIM OF VIOLENT CRIME USUALLY IS MORE ATTENTIVE TO THE PRESENCE OF THE WEAPON THAN TO THE FEATURES OF THE OFFENDER. EYEWITNESS IDENTIFICATIONS ARE ONLY BASED ON WHAT A VICTIM HAS PERCEIVED AND NOT NECESSARILY BASED ON ACTUAL CIRCUMSTANCES. A WITNESS MAY BE SUBJECT TO 'BLANKING,' THE EXCLUSION OF PAINFUL PERCEPTIONS FROM THE MEMORY OR SUBSEQUENT COACHING AND PROMPTING BY PROSECUTORS AND OTHER WITNESSES. IN A TRIAL SITUATION, THE ARTICULATE CONVEYENCE OF A MEMORY MAY BE DIFFICULT TO RELATE TO THE JURORS OR JUDGE, AND SUBSEQUENT UNDERSTANDING MAY RESULT IN DISTORTION OF THE ACTUAL OCCURANCE. THE SINCERITY OF THE EYEWITNESS WHO GENUINELY BELIEVES HIS MEMORIES PERSUADES A JURY OF THE APPARENT TRUTHFULNESS OF THE TESTIMONY. IT IS STRONGLY RECOMMENDED THAT THE POLYGRAPH BE USED IN THE CHALLENGE OF EYEWITNESS TESTIMONY AND IN THE SUPPORT OF A DEFENDANT'S ALIBI. UNDER HYPNOSIS A DEFENDANT MAY ALSO BE ABLE TO RECALL INFORMATION THAT COULD SUBSTANTIATE HIS ALIBI. (TWK).