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:

    If woman alone had suffered under these mistaken traditions [of women’s subordination], if she could have borne the evil by herself, it would have been less pitiful, but her brother man, in the laws he created and ignorantly worshipped, has suffered with her. He has lost her highest help; he has crippled the intelligence he needed; he has belittled the very source of his own being and dwarfed the image of his Maker.
    Clara Barton (1821–1912)

    Personal change, growth, development, identity formation—these tasks that once were thought to belong to childhood and adolescence alone now are recognized as part of adult life as well. Gone is the belief that adulthood is, or ought to be, a time of internal peace and comfort, that growing pains belong only to the young; gone the belief that these are marker events—a job, a mate, a child—through which we will pass into a life of relative ease.
    Lillian Breslow Rubin (20th century)