Eyewitness misidentifications have played a part in almost half of the nation’s 1,063 exonerations since 1989.

Studies show that witnesses frequently select the incorrect suspect due to influence, often unintentional, from the police. Based on these studies, best practice reforms have
been recommended to reduce the possibility of eyewitness misidentifications.

One example of a best practice is the double-blind lineup. In this lineup, neither the witness nor police officer presenting the lineup knows which participants are suspect. The process makes it much more difficult for the police to guide a
witness. Another best practice is the sequential lineup, where a witness views photos or participants one at a time rather than in a group. This method prevents witnesses from making comparative judgments about who most resembles the culprit and also focuses the witnesses on whether they truly recognize an individual perpetrator.

The Northern California Innocence Project started collecting data in 2010 to determine where in California the best practice reforms were being followed. At that time, just a handful of jurisdictions were utilizing best practices, San Francisco and Santa Clara counties among them.

Since 2010, NCIP, working with partners in law enforcement and others, has succeeded in increasing the use of best practices throughout the state. In 2012, NCIP furthered the use of eyewitness identification best practices through the following activities:

  • Organizing and facilitating a panel at the California Police Chiefs Association’s Annual Symposium that discussed eyewitness identification procedures, including double- blind and sequential practices.

  • Working with law enforcement leaders throughout the state to adopt the double-blind and sequential practices.

  • Providing research materials and jury instructions to a trial attorney in Alameda County where improper identification procedures were used, eventually leading to dismissal.

  • Educating the public through speaking engagements and appearances on the radio.

NCIP is committed to working with law enforcement and other key stakeholders to ensure that eyewitness identification best practices become commonplace throughout California.

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