Mistakes in eyewitness identifications are to blame for many false charges and even wrongful convictions. When facing criminal charges you didn’t commit, hearing someone say they saw you do it can be mind-blowing. Eyewitness testimony can really make a huge impact on juries and judges. Even though mistakes are common, they still weight heavily on minds when determining guilt or innocence.

A small move in the right direction, Dallas police will be changing the method of eyewitness photo lineup identification processes. While the department recently dropped out of a study on photo lineups due to time constraints, the department is taking change into their own hands in an effort to improve the system.

In the past when identifying a suspect, eyewitnesses were shown a group of 6 photos all at one time. Now, however, someone from the department will show the eyewitness a group of photos one at a time. This method is believed to decrease the incidences of mistaken identity during photo lineups.

Dallas is certainly not the first department in Texas to change this practice, but just the latest. With a department that is so large covering a big city with a somewhat high crime rate, the Dallas Department is better late than never.

According to the Innocence Project, mistaken identity plays a part in 75% of cases overturned by DNA evidence. If mistaken eyewitness identification plays a role in all of those cases that are discovered, imagine how many people are wrongfully charged and even convicted that don’t later get exonerated. It baffles the mind to think that a percentage of the people in the courts and prison systems are there because someone pointed the finger at the wrong guy. Consequently, imagine how many people are out wandering the streets who should be in jail or charged with the offenses someone else was blamed for.

Decreasing the occurrence of mistaken identity in photo lineups is vital in keeping the criminal justice system just and fair. Any moves to make the process more foolproof are moves in the right direction.

Being accused of a crime you didn’t commit must be gut-wrenching. To try and clear your name when someone insists they saw you commit an illegal act can be very difficult. Only an aggressive and highly experienced attorneys can help people caught in these situations.

This entry was posted on Monday, January 26th, 2009 at 10:34 pm and is filed under criminal law. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

Thomas Hannon, a Dallas man, is suing the 6 police officers accused of lying on police reports that landed him some serious criminal charges. According to Dallas CBS 11 News, Hannon was originally charged with possession of methamphetamine and felon in possession of a firearm. In total, he faced 20 years in prison if convicted. However the charges were dropped when the prosecution presented evidence that the arresting officer’s lied.

In August of 2007 Hannon was arrested outside of a Dallas hotel. According to court documents he ran into a friend at the hotel. Upon leaving the hotel, the men went in opposite directions. Hannon’s friend, who was carrying a black bag, went one way while Hannon was arrested on a felony warrant upon leaving. The police stated that Hannon had, in his possession, the black bag that actually belonged to his acquaintance.

This black bag ended up containing methamphetamines and a firearm. The changing point in the case came when the defense presented a security video from the hotel which showed the other man, and not Hannon, in possession of the black bag in question. Just as Hannon had claimed from the beginning, he never had control over the bag.

Thanks to good representation, the criminal case was dismissed and now Hannon seeks civil damages in Federal Court.

Who knows why the officers lied. Perhaps they were concerned with building a reputation of cracking big cases and sending dangerous men to prison. Maybe they had personal interest in the case or had encountered Hannon before.

Whatever the case, it is a perversion of the justice system. There is no doubt that people are wrongly accused of criminal acts. Even if the accusations aren’t intentionally false, it is not uncommon for innocent people to end up facing a judge on drug charges, weapons offenses, or property damage cases.

When facing criminal charges it may feel like the state of Texas and everyone in the court system has already assumed your guilt rather than presumed your innocence. Although this wasn’t Hannon’s first run in with the law he still deserved fair treatment in the justice system and until the dismissal of his charges he was denied this by the very people tasked with representing the integrity of the legal system.

A qualified and experienced Texas defense attorney can be critical to anyone facing prison time or a mark on their record. You attorney is there  in order to ensure the system works how it was designed, to apply the laws in a fair and consistent manner.

This entry was posted on Tuesday, January 20th, 2009 at 1:26 am and is filed under Drugs, Guns. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.