24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

How Lineups and Photo Arrays Can Lead to False Convictions

 

How Lineups and Photo Arrays Can Lead to False Convictions

Eyewitness misidentification is a major cause of wrongful convictions in the United States. According to the Innocence Project, eyewitness misidentification played a role in over 70% of DNA exoneration cases. Lineups and photo arrays, tools commonly used by law enforcement to identify suspects, can be unreliable and lead to false accusations and convictions if not administered properly.

What are Lineups and Photo Arrays?

A lineup is when a witness is presented with a group of people, usually standing side-by-side, and asked if they recognize the perpetrator among them. A photo array is similar, except it uses pictures instead of live individuals. These identification procedures are used by police during criminal investigations to try to determine if a witness can identify the suspect from a group.

Problems with Lineups and Photo Arrays

While lineups and photo arrays can be useful tools, there are several issues that can lead to misidentifications:

  • Improper composition – The fillers (non-suspects) may not adequately resemble the description of the perpetrator.
  • Instructions – Witnesses may not be told the perpetrator may not be present in the lineup.
  • Multiple viewings – Witnesses may view the same suspect in multiple identification procedures.
  • Suggestiveness – Officers may intentionally or unintentionally influence the witness to pick the suspect.
  • Lack of blind administration – The officer administering the lineup knows who the suspect is, which can influence the witness.
  • Confidence inflation – A witness’s confidence can increase from viewing a lineup, even if incorrect.

False Identifications

These issues can lead witnesses to falsely identify innocent people as perpetrators. Even witnesses with good intentions can make mistakes. Human memory is malleable and fallible. Factors like poor viewing conditions, high stress, or implicit biases can all impact memory and recall. For example, studies show people are better at recognizing faces of their own race than other races.

Once a witness makes an identification from a lineup or photo array, they tend to stand by it with increased confidence, even if mistaken. This makes it difficult to undo a false identification. Juries also tend to give great weight to eyewitness testimony in court, even though it can be unreliable.

Reforms to Prevent Misidentifications

To improve the accuracy of lineups and photo arrays, law enforcement agencies and legal experts recommend reforms such as:

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  • Using blind administration – The officer conducting the lineup doesn’t know who the suspect is, preventing intentional or unintentional influencing of the witness.
  • Instructing witnesses the perpetrator may not be present.
  • Composing lineups with great care to avoid suggestiveness.
  • Asking witnesses to state their confidence at the time of identification.
  • Videotaping identification procedures to review for issues later.
  • Avoiding multiple identification procedures with the same witness and suspect.

Even with improvements, human error remains. For this reason, some argue lineups should not be used without corroborating evidence. There have been over 365 DNA exonerations to date of people falsely convicted based on eyewitness misidentifications. People’s lives have been irreparably damaged from these mistakes.

Prominent Cases of False Convictions from Lineups

There are many heartbreaking cases of misidentification leading to wrongful conviction:

  • Ronald Cotton – Was falsely identified by Jennifer Thompson as her rapist in 1984. Convicted and served over 10 years before being exonerated by DNA evidence. The real rapist, Bobby Poole, did not resemble Cotton.
  • Kirk Bloodsworth – Served 9 years in prison, including time on death row, for rape and murder of a young girl before being exonerated by DNA evidence. Five eyewitnesses had identified him from lineups and in court.
  • Santae Tribble – Convicted of murder based on an eyewitness identification and FBI hair analysis. Exonerated by DNA testing after 25 years in prison. The hair sample didn’t even match.

You can read about many other cases at the Innocence Project’s website. These cases highlight how even confident eyewitness identifications can be totally wrong. We must be cautious relying solely on eyewitness memory.

Conclusion

Lineups and photo arrays can provide critical evidence in criminal cases when properly administered. However, they also have the potential to destroy innocent lives through misidentification. Implementing reforms, like blind administration, can reduce errors. But human memory remains fallible, so corroborating evidence should be required. With diligence and care, we can work to reduce false convictions from mistaken witness identifications.

References

Schedule Your Consultation Now