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NACDL supports changes in eyewitness procedures that are proven to increase the reliability of eyewitness testimony without impeding police investigations. Among the most important reforms is the adoption “double blind” sequential lineup procedures, in which suspects are shown one by one to the witness. This reduces the possibility of the witness picking the person who looks most like the culprit. This also means that the procedure is conducted by a police officer who does not know the identity of the suspect, which thus prevents the officer from unconsciously or consciously providing cues to the witness.
In 2019, New Mexico and Oklahoma's state legislatures passed eyewitness identification measures. New Mexico's HB 342 requires training for law enforcement in the area of eyewitness identification. Oklahoma's SB 798 now requires all law enforcement agencies in the state to adopt a written policy on eyewitness identification procedures, including blind administration of lineups/photo arrays.
View legislation related to eyewitness identification reform that NACDL is currently tracking.
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Pre-Trial Suppression & Fourth Amendment Issues
This Trial Guide is a topical and practical handbook examining the nuts and bolts of the most current Fourth Amendment & Pre-Trial Suppression issues encountered in modern criminal cases.
Defense Counsel Playbook for Eyewitness ID Cases
This Trial Guide was written to help counsel use existing case law to its strongest advantage, and to create a framework for appellate challenges urging courts to adopt leading cases.
Ultimate Cross 2.0
This special CLE compilation program includes the highest-rated presentations on Cross-Examination techniques from NACDL's most recent seminars (2017-2019).
Forensic Sciences in Criminal Cases: A Multidiscipline Primer
In order to challenge forensic evidence, experts, reports and findings commonly encountered in the courtroom, an attorney must first have a basic understanding of the forensic issues that they will be confronting.
- "N.J. cops misused mugshots to ID suspect, top court rules,"
- "New Louisiana law on eyewitness identification aims to reduce wrongful convictions,"
- "Eyewitness testimony is often unreliable and police and lawmakers know it,"
Eyewitness ID News Releases
News Release ~ 09/22/2011
A Message from NACDL President Lisa Wayne: Politics Killed Troy Davis Last Night - Washington, DC (Sept. 22, 2011) -- The death penalty is an emotional issue, of course. Strong feelings on both sides are genuine and understandable. What we know is, more than 75 percent of the death row inmates exonerated by DNA testing were convicted on the basis of eyewitness misidentification.
News Release ~ 03/03/2010
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.
News Release ~ 02/08/2007
National Legal Group Files Lawsuit Challenging Illinois Police Defense of Traditional Lineups - Chicago, IL (February 8, 2007) – Citing wrongful convictions due to mistaken eyewitness identification and the urgent need to reform traditional police eyewitness identification procedures, the National Association of Criminal Defense Lawyers (NACDL), in conjunction with the MacArthur Justice Center of the Bluhm Legal Clinic at Northwestern University School of Law, filed a civil lawsuit today against the Illinois police departments who participated in a controversial study of eyewitnesses...