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:
“Its very good for an idea to be commonplace. The important thing is that a new idea should develop out of what is already there so that it soon becomes an old acquaintance. Old acquaintances arent by any means always welcome, but at least one cant be mistaken as to who or what they are.”
—Penelope Fitzgerald (b. 1916)
“Adultery is the vice of equivocation.
It is not marriage but a mockery of it, a merging that mixes love and dread together like jackstraws. There is no understanding of contentment in adultery.... You belong to each other in what together youve made of a third identity that almost immediately cancels your own. There is a law in art that proves it. Two colors are proven complimentary only when forming that most desolate of all colorsneutral gray.”
—Alexander Theroux (b. 1940)