Eyewitness Misidentification

The issue

Mistaken eyewitness identification is a common factor in wrongful convictions overturned by DNA evidence.

Traditional lineup procedures were designed decades ago, without regard for how memory actually works under stress. As a result, they’re vulnerable to error in predictable, well-documented ways:

The administrator often knows who the suspect is — and can send unintentional cues.
Witnesses assume the perpetrator must be in the lineup, leading them to guess.
Poorly chosen “fillers” can make a suspect stand out for the wrong reasons.
Confidence statements are rarely captured at the moment of identification, even though after-the-fact reassurance can artificially inflate a witness’s certainty later on.

These aren’t just problems for the innocent — a misidentification also means the real perpetrator is still free.

53%

of DNA exoneration cases nationwide involved a mistaken eyewitness identification.

The reform

Decades of research point to a proven set of fixes. The Innocence Project recommends every jurisdiction adopt:

Blind administration

The officer running the lineup shouldn't know who the suspect is.

Fair composition

Fillers should match the witness's description, not just the suspect's.

Neutral instructions

Witnesses should be told the perpetrator may not be present at all.

Confidence statements

Recorded immediately, in the witness's own words.

Recording

The full procedure should be documented, ideally on video.

Jurisdictions should also consider sequential presentation (showing lineup members one at a time), which research shows reduces false identifications compared to viewing everyone at once.

In Florida

Since 2017, Florida law has required blind or blinded administration for all photo and live lineups, along with proper witness instructions. If an agency doesn’t comply, that failure is admissible in court — and juries must be instructed to weigh it when judging the reliability of an identification.