Mistaken Identity

Mistaken identity is a defense in criminal law which claims the actual innocence of the criminal defendant, and attempts to undermine evidence of guilt by asserting that any eyewitness to the crime incorrectly thought that they saw the defendant, when in fact the person seen by the witness was someone else. The defendant may question both the memory of the witness (suggesting, for example, that the identification is the result of a false memory), and the perception of the witness (suggesting, for example, that the witness had poor eyesight, or that the crime occurred in a poorly lit place).

Because the prosecution in a criminal case must prove the guilt of the accused beyond a reasonable doubt, the defendant must convince the jury that there is reasonable doubt about whether the witness actually saw what the witness claims to have seen, or recalls having seen. Although scientific studies have shown that mistaken identity is a common phenomenon, jurors give very strong credence to eyewitness testimony, particularly where the eyewitness is resolute in believing that their identification of the defendant was correct.

Read more about Mistaken Identity:  Studies, Case Studies

Famous quotes containing the words mistaken and/or identity:

    Has anyone ever told you that you overplay your various roles rather severely, Mr. Kaplan? First you’re the outraged Madison Avenue man who claims he’s been mistaken for someone else. Then you play the fugitive from justice, supposedly trying to clear his name of a crime he knows he didn’t commit. And now you play the peevish lover stung by jealously and betrayal. It seems to me you fellows could stand a little less training from the FBI and a little more from the Actors Studio.
    Ernest Lehman (b.1920)

    The modern world needs people with a complex identity who are intellectually autonomous and prepared to cope with uncertainty; who are able to tolerate ambiguity and not be driven by fear into a rigid, single-solution approach to problems, who are rational, foresightful and who look for facts; who can draw inferences and can control their behavior in the light of foreseen consequences, who are altruistic and enjoy doing for others, and who understand social forces and trends.
    Robert Havighurst (20th century)