How to Plead a Mistaken Identity Defense
- 1). Emphasize the defendant's specific physical features, such as a prominent mole, receding hairline, speech impediment, scar or tattoo. Most eyewitnesses describe general physical attributes, including height, weight, age, sex and race. If the defendant possesses a prominent physical feature, such as a large scar over his left eye, that none of the witnesses mentioned, you may be able to introduce enough doubt to win the case or have it thrown out.
- 2). Analyze how authorities compiled the identifying factors in the case. Make sure that authorities questioned witnesses appropriately and obtained information according to the law (see Resources below). Determine if police conducted fair and competent identifying tasks, such as assembling a representative lineup and accepting eyewitness testimony that contradicted the testimony against you.
- 3). Hire an expert witness to testify on the effectiveness and complications of eyewitness memory, such as Gary Wells (see Resources below). While an expert witness will charge for his testimony, the professional know how to convince juries that the eyewitness testimony is unreliable.
- 4). If possible, introduce photos of people who were in the vicinity of the crime who bear the same physical characteristics described in the eyewitness testimony.
- 5). Weave the elements in these steps to create doubt among the jury members. To win a case you merely have to establish doubt over guilt, not innocence.
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