Main Office
Satellite Office
Consultations by Appointment Only

Department of Justice Weighs in on Eyewitness Identifications

Two people talking to a police office in the street, representing how one can benefit from calling a Portland criminal defense lawyer.

In a refreshing sign of the times, the Justice Department’s Deputy Attorney General Sally Yates released a memo on how to better handle eyewitness identifications. These identifications are the basis for many arrests and eventual criminal convictions, and yet are fraught with inaccuracies and manipulations. By issuing the memo, Ms. Yates and the Justice Department have provided a set of procedures to huge law enforcement agencies – including the FBI and DEA – that will hopefully reign in evidence abuses.

The Importance of Eyewitness Evidence

For many crimes, some of the most damning evidence against a suspect is simply someone else who was at the scene of the crime, saying that it was the suspect who committed the act. In some criminal cases, this is the only piece of evidence against a defendant. Nevertheless, it has been shown, time and time again, that juries are willing to convict someone of a serious crime on nothing more than the eyewitness testimony of someone who says they saw it all happen.

Unfortunately, studies are coming out recently that show that eyewitness evidence is notoriously unreliable and easily manipulated.

Unreliability of Eyewitness Evidence

Despite its power in a criminal case, eyewitness evidence is unreliable. A witness is under a lot of stress that prevents them from observing well, and what they do remember can be tainted by an imperfect memory and confirmation bias. Additionally, the ways that law enforcement officers obtain eyewitness identifications – by using lineups or photo arrays – can push a witness into saying what the officer wants them to say.

Together, these issues have resulted in estimates where eyewitnesses are wrong one out of every three times.

Department of Justice Issues Memo

This is where the Department of Justice’s memo comes in. By laying out a set of procedures for federal law enforcement agencies to follow, the Department of Justice is trying to minimize the number of times that eyewitnesses slip up or are guided into a false identification by law enforcement. Each one of these identifications results in someone being suspected of a crime when they have nothing to do with it, at all.

By issuing this memo, the Department of Justice is showing that it has shifted its focus from charging someone for a crime to charging the right person for it – a refreshingly mature attitude to take.

Maine Criminal Defense Attorney William T. Bly

Eyewitness identifications are some of the most frustrating pieces of evidence that you can face in a criminal trial. There are so many different ways that an eyewitness can be mistaken or mislead by police that it can be difficult to tell if they’re telling the truth, or just think they are. That you can be convicted largely on the weight of an eyewitness’ statement against you is one of the most frustrating aspects of being charged with a crime.

That is why criminal defense attorney William T. Bly fights to protect you whenever you are charged with a crime. By challenging any and all evidence against you, he guards your rights and fights for your interests. Contact The Maine Criminal Defense Group online or call us at (207) 571-8146.

REQUEST A CONSULTATION

Contact our office to speak with
one of our team members who will set up a confidential consultation to discuss your case.

PRACTICE AREAS
WHAT OUR CLIENTS SAY

Great group of people. Managed to get me a favorable outcome from a very bad situation. I would highly recommend this firm if you have legal troubles. Top notch performance!!

Dave Allen

So thankful I chose this team to represent me. They’re the best, hands down. Nathan Hitchcock proved my innocence not once but TWICE, including a trial by jury. I have a family in law enforcement who told me “Bill Bly and his team are the best. If I would recommend anyone, it would be them.”

Brandon Albert

AVOID A CRIMINAL RECORD

CONFIDENTIAL CASE EVALUATIONS

OVER 115+ GOOGLE REVIEWS

OVER 165+ AVVO REVIEWS

Ready to Get Started? Get In Touch With Us Today!

If you are facing criminal charges in Maine, the attorneys at The Maine Criminal Defense Group are here to help. Call our office to speak with one of our team members, who will discuss your case with you and set up a consultation with one of our attorneys.

Get to Know Our Group
Maine Legal Group

We are a boutique law firm, and we stand out by prioritizing our clients’ well-being. At The Maine Legal Group, our experienced team offers personalized attention in both criminal defense and divorce cases.

The Maine Criminal Defense Group

The Maine Criminal Defense Group adeptly handles all areas of criminal defense practice, including experienced and skilled legal representation for state and federal charges.

The Maine Divorce Group

The Maine Divorce Group empowers individuals skillfully navigating divorce with compassionate guidance, ensuring a brighter future through the challenges of the process.

Skip to content