This article by the Marshall Project looks at recent efforts to limit in-court identifications. Led by the work of the Innocence Project, efforts to reduce wrongful convictions caused by in-court identifications are making progress. Connecticut, for example, has prohibited in-court identifications unless the witness knew the defendant prior to witnessing the events at issue or previously picked the defendant out of a photo array or lineup. Massachusetts has similarly revised its procedures for allowing in-court identification. If you have a case in which the government is seeking to offer a first-time, in-court identification, the litigation and decisions related to the changes in Massachusetts and Connecticut can guide your efforts to preclude or limit such testimony.
Comments are closed.