Time for courts to put their money where their mouth is about eyewitness misidentification

Judges singing with caption

Courts make a lot of chin music about the perils of eyewitness misidentification.  But when it comes to scrutinizing the suggestiveness of lineup procedures. . .

Cop taking oath with crossed fingers

. . . everyone is expected to take the cops’ word for it that they didn’t tell the witness who the suspect is.

Showing photo array

When the cops have other evidence – a DNA match, for example – they see no reason not to help the witness i.d. the “right” guy.

Purple People Eaters in lineup

Courts frequently chuckle that “police stations are not theatrical casting offices.”  Or that the fillers don’t have to be the suspect’s “identical twins.”A difference in skin color, for example, is only one factor to be considered and doesn’t make the lineup suggestive.

Paper bag lineup

If the suspect has a distinguishing feature — a moustache, for example — which the fillers don’t have, the police can cover up the difference. Courts are firmly convinced that height differences are invisible if everyone is sitting down. Apparently they never go to the movies.

 

 

 

About Appellate Squawk

A satirical blog for criminal defense lawyers and their friends who won't give up without a squawk.
This entry was posted in Criminal law, Humor, Judges, Law, Law & Parody, Satirical cartoons and tagged , . Bookmark the permalink.

One Response to Time for courts to put their money where their mouth is about eyewitness misidentification

  1. Alex Bunin says:

    If you cannot decide, pick the one in the middle. It works on standardized tests.

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