Oregon eyewitnesses and suspect identification

When Oregon police are investigating a crime, they will look to a variety of sources to try and determine what happened. In some cases, photographic evidence may exist. In others, physical evidence may be found at the scene. But, in many situations, police must rely on the statements of eyewitnesses. These are people who may have seen or heard the alleged criminal activity taking place.

However, it is important to remember that eyewitnesses are no different than any other person. They make mistakes, remember things wrong or just do not remember what happened. Police will do everything they can to get the information they need from an eyewitness to get a criminal conviction.

In some cases, this includes getting an eyewitness to positively identify a suspect from a group of photographs. According to U.S. Department of Justice (DOJ), there are certain procedures that should be followed when soliciting information about a suspect's identity from an eyewitness. If these procedures are not followed, a witness's memory may be tainted and the evidence may be challenged.

First, the DOJ suggests that witnesses should try to place themselves back into the event when looking at the photographs to see if they can recognize anyone. This should be done while the person is alone and after the person has received some instructions. These instructions should include the fact that the person who committed the crime may not be present in the pictures.

The photographs themselves should be grouped together in similar categories, so that no photograph is made to stand out. They should be presented in a non-distracting environment. They should also only be referred to as a "collection of photographs." Moreover, each picture should be of a different person for whom the police have identifying information.

If police fail to follow these procedures, and others, an eyewitness could be inadvertently swayed into believing an innocent person committed a crime. In these cases, a criminal defense attorney could help to ensure that evidence of an eyewitness's errors is presented in court.