The test in North Carolina for identification procedures prior to the enactment of the EIRA was stated in State v. Rogers, 355 N.C. 420, 432 (2002) as follows: Whether an identification procedure is unduly suggestive depends on the totality of the circumstances. State v. Pigott, 320 N.C. 96, 99 (1987). A due process analysis requires a …
Eyewitness ID
Brief Bank
For briefs on eyewitness identification issues, including showups, photo arrays, independent basis for in-court identification, expert witness on identification, and jury instruction on identification, visit the Identification of Accused section of the Indigent Defense Services Brief Bank.
Technical Working Group for Eyewitness Evidence
Innocence Project: Eyewitness Misidentification
A resource for eyewitness identification reform, including a link to the North Carolina Actual Innocence Commission Recommendations for Eyewitness Identification.
State v. Cotton
Ronald Cotton was wrongfully convicted of two rapes and burglaries in 1985 and 1987. Although innocent, Ronald Cotton served over 10 years in prison, primarily due to erroneous eyewitness identification. DNA testing in 1995 revealed that evidence from one victim did not match Cotton, but instead matched with another man who had confessed to the …
Procedures for Challenging Eyewitness Identification Evidence
Attorneys considering challenging eyewitness identification should consult Chapter 3 of Alyson A. Grine & Emily Coward, Raising Issues of Race in North Carolina Criminal Cases. The chapter provides detailed information on motions to suppress, voir dire of witnesses, jury voir dire, working with experts, cross-examination, and other topics.
Procedures for Challenging Eyewitness Identification EvidenceRead More
Reevaluating Lineups: Why Witnesses Make Mistakes
Innocence Project report showing that misidentification causes more wrongful convictions than any other factor. Misidentifications contributed to wrongful convictions of more than 75% of the over 230 people exonerated through post-conviction DNA testing.
Our Lying Eyes
Eyewitness ID
Overview Factors that may affect the accuracy of eyewitness identification are not typically within the common knowledge of a jury. These factors include: System variables – those factors which can and should be controlled by the criminal justice system, such as: Type of line-up used Selection of fillers Blind administration Communications with witness before and …