Illinois Gov. Pat Quinn signed a law in August 2014 that sets forth procedures to be followed when an eyewitness to a crime is called upon to attempt to identify the perpetrator, whether through an in-person or photographic identification procedure. The statute does not apply to a “showup,” in which a suspected perpetrator is presented to the eyewitness at or near a crime scene. Effective January 2015, the statute represents a major step forward in the effort to avoid mistaken eyewitness identifications, which causes many wrongful convictions in Illinois and elsewhere.

Eyewitness identification is not infallible. Indeed, in about half of known cases of wrongful conviction, at least one eyewitness mistakenly identified the innocent suspect as the perpetrator. Professor Brian Cutler focuses on events that can contaminate lineup identifications. He discusses two general situations in which the lineup identification might not be compelling inculpatory evidence: (1) when the lineup is not the first time the eyewitness identified the suspect and (2) when the eyewitness is able to guess the suspect’s identity.

If an image of a perpetrator exists on a cellphone camera, video surveillance, body camera footage or social media, law enforcement can use facial recognition software to attempt to identify the person in the photo. Defense attorney Kaitlin Jackson discusses the limitations of facial recognition, and she explains how to determine if police used facial recognition in a defendant’s case. Facial recognition software is difficult to challenge, but ways exist to attack its reliability.

Defense attorneys engage in some tasks that are repetitive, but most require a unique blend of research, investigation, and know-how. Jeff Adachi is an advocate of using checklists because they maintain consistency and provide the essential steps needed to accomplish a task. While a defense lawyer should not use a checklist without independent thought or connecting to the client as an individual, checklists can be beneficial to new attorneys and can help more experienced attorneys make sure they have not overlooked anything.

A report detailing the issues of bias in eyewitness accounts, begins with exemplar case recounting a rape victim pointing out the perpetrator in a photospread, but choosing someone else during a live lineup. 

North Carolina Wake County, In The General Court of Justice Superior Court Division: State of North Carolina v. Taylor

Evidentiary Hearing Volume IV to VI 

NACDL President Irwin Schwartz's written statement to the Senate Judiciary Committee regarding abolishing the death penalty and crucial steps to take to avoid the risk of executing the innocent.

In The Supreme Court of The State of Utah: State of Utah v. Clopten;
Opinion
Opening Brief, Reply Brief [Petitioner] 
Brief [Respondent] 

Brief of the National Association of Criminal Defense Lawyers as amicus Curiae in Support of Petitioner (on petition for writ of certiorari).

A specialized handbook for FBI agents to ensure the credibility and admissibility of eyewitness identification testimonies. 

Full Title: American Bar Association Statement of Best Practices For Promoting Accuracy of Eyewitness Identification Procedures.
 

A set of guidelines by the ABA for eyewitness identification in photospreads and lineups.

NACDL has been fighting in the Illinois courts since Feb. 2007 to secure access to data and other materials related to the Chicago Police Department’s controversial, taxpayer-funded report on lineups and eyewitness procedures. The report sets forth highly controversial, and widely criticized conclusions that current eyewitness procedures—those that use traditional line ups where all suspects stand in a room together—are more effective than new procedures used in other American cities to reduce errors that can lead to wrongful convictions.

Criminal Defense Bar Secures Sweeping Reversal in Illinois Eyewitness Identification Litigation Concerning Flawed Lineups Linked to More than 50 Wrongful Convictions - Washington, DC (March 3, 2010) – The National Association of Criminal Defense Lawyers (NACDL) has been fighting in the Illinois courts since Feb. 2007 to secure access to data and other materials related to the Chicago Police Department’s controversial, taxpayer-funded report on lineups and eyewitness procedures.

Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of petitioner.

Brief of Brooklyn Defender Services, The Legal Aid Society, The Bronx Defenders, Neighborhood Defender Service of Harlem, the National Association of Criminal Defense Lawyers, New York State Association of Criminal Defense Lawyers, and the Chief Defenders Association of New York as Amici Curiae in Support of Appellant.