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The common problem of mistaken identifications can affect the outcome of a criminal or a disability case, and our disability attorney in Cleveland can help clients who were wrongly identified as the perpetrator of a crime.
Some criminal cases rely almost completely on eyewitness identification. However, the courts usually do not consider misidentification in an appeal. In recent years, the legal system is readdressing this issue in order to protect accused individuals. While major changes are still a long way off, law enforcement personnel are considering different procedures in the interest of fairness. The courts are also allowing expert witnesses to testify on the problems that are inherent with eyewitness testimony.
DNA evidence often shows that an eyewitness was not correct when identifying a suspect. The circumstances involved in these cases cover a wide range of situations.
The Innocence Project has studied numerous cases of misidentification by witnesses. In one situation, the suspect was hundreds of feet away at night with poor lighting. In another case, the subject was shown in a photo line-up in a rape case with the letter “R” by his picture while the others had no marks by their photos. Witnesses sometimes change their descriptions after they find out additional information about a suspect. During a lineup or photo display, a witness might waver during identification, but the jury will be misled at trial about the certainty of the witness. Our disability attorney in Cleveland can help counter the problem of mistaken identifications.
A 2014 report released by the National Academy of Sciences confirmed that procedures involved in witness identification need reform. The reliability of witness identification has been challenged for more than 100 years when Hugo Munsterberg first published a book on the topic in 1907. In 1932, a Yale Law professor further questioned the practice when he found that eyewitness mistakes contributed to most of 65 wrongful convictions that he had studied.
The legal professionals at the John Paul Oreh Law Office understand how mistaken identity can contribute to problems in a disability case. You can reach our disability attorney in Cleveland at (216) 896-0935 for further information.