Florida Legislature Looks at Better Criminal Identification Procedures

May 08, 2011

Florida Legislature Looks at Better Criminal Identification Procedures

TV crime programs tend to suggest that every aspect of solving a crime lends itself to forensic science, as if CSI has been reduced to a magical formula. But in many criminal investigations, identification of the alleged perpetrator is still dependent on the recollections of eyewitnesses. And all too often, a false identification can lead to a prosecution of the wrong suspect in a homicide, sexual assault or theft case, all due to a convergence of unfortunate circumstances.

Florida legislators are currently considering measures that are intended to make identification of criminal suspects more reliable. HB 821 and SB 1206, the Eyewitness Identification Reform Act, would mandate specified procedures for conducting lineups intended to identify criminal suspects.

One key to such reforms is the use of a "double blind" lineup, wherein the officer administering the process, like the witness, does not know the identity of the suspect among the people in the lineup. Eyewitnesses must sign an acknowledgement that proper instructions were given. The bill also requires the Criminal Justice Standards and Training Commission to provide educational materials to law enforcement agencies and conduct ongoing training programs.

One clear indicator of the extent of the problem can be found in cases where a convicted felon was later exonerated due to exculpatory DNA evidence. Of twelve such past exonerations in Florida, nine convictions were dependent on witness misidentification of the suspect. Data suggests that three quarters of the nearly 300 DNA exonerations that have occurred nationwide featured faulty identifications.

An unreliable witness identification was at the heart of the case of Derrick Williams, who became Florida's thirteenth exonerated prison inmate in April after serving 18 years of a life sentence for rape. "This case highlights the need for prosecutors to closely scrutinize identifications before trial and for judges in Florida to be more open to hearing from scientific experts who can help the juries better understand how to properly evaluate such IDs if they do come in at trial," said Innocence Project of Florida Executive Director Seth Miller.

Florida Criminal Defense Lawyers Must Hold Prosecutors to Their Evidentiary Burden

Regardless of the nature of the alleged offense -- from a violent crime to complex illegal financial actions -- a defense attorney's primary job is to protect the client from the worst consequences of a conviction. Whether a witness misidentified his or her assailant or a series of misunderstood transactions leads to allegations of fraud against a financial professional, counsel must examine every aspect of the evidence to cast doubt in the minds of prosecutors, if possible, before charges are filed.

The prosecution's burden of proof beyond a reasonable doubt is not just a slogan. Our criminal justice system requires proof that an accused person actually committed the crime, and judges and juries cannot be allowed to depend on assumptions. By advocating for better identification procedures and other improvements of evidence gathering, Florida criminal defense lawyers work to ensure justice for all defendants.

Article provided by Rothman & Associates, P.A.
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