The Problem of Mistaken Identification: Some Observations on Process

Abstract

This article examines the importance of establishing a coherent system of safeguards against the risks of mistaken eyewitness identification. Memories of previously observed events are susceptible to distortion during encounters between a witness and other persons. It is argued that pre-trial procedures conducted under controlled conditions provide the most effective means of averting the risk of error and subsequent miscarriage of justice. However, these are of little value without a system of safeguards that (1) ensures that the procedures are conducted whenever the risk of error arises, (2) provides adequate regulation of what might occur before such procedures are conducted, and (3) ensures adherence to its prescriptions. These considerations provide the basis for a critical evaluation of some aspects of relevant procedure in England and Wales.