Defense of Eyewitness Misidentification

Eyewitness misidentification is the leading cause of wrongful convictions in the United States and Florida. _[1]

Factors that lead to eyewitness misidentification include: cross-racial identifications, the presence of a dangerous weapon during the crime, and the type of lineup that law enforcement shows to witnesses.

To address these reoccurring evidentiary problems, the Florida Supreme Court requires that jurors be instructed to consider the following factors when a misidentification defense is raised:

1. The capacity and opportunity of the eyewitness to observe the offender based upon the length of time for observation and the conditions at the time of observation, including lighting and distance.
2. Whether the identification was the product of the eyewitness’s own recollection or was the result of influence or suggestiveness.
3. The circumstances under which the defendant was presented to the eyewitness for identification.
4. Any inconsistent identifications made by the eyewitness.
5. Any instance in which the eyewitness did not make an identification when given the opportunity to do so.
6. The witness’s familiarity with the subject identified.
7. Lapses of time between the event and the identification[s].
8. Whether the eyewitness and the offender are of different races or ethnic groups, and whether this may have affected the accuracy of the identification.
9. The totality of circumstances surrounding the eyewitness’s identification.

Contact Criminal Defense Lawyer Richard Hornsby

If you have been arrested or charged with a crime in Central Florida or the greater Orlando area, contact Criminal Defense Lawyer Richard Hornsby today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.