FL Supreme Court Creates Innocence Commission to Investigate Wrongful Convictions, Incorrect Eyewitness Identifications

Sometimes, eyewitnesses to a crime are correct in their recollection of events and identification of perpetrators. But sometimes, eyewitnesses are mistaken in their recollections and identifications.

Since the advent of DNA technology, 12 convicted Florida defendants have been later exonerated by DNA. Across the U.S., 261 defendants have been exonerated by DNA. In three-quarters of the wrongful convictions, misidentification played a role.

This week, the Florida Supreme Court seated a commission to address this problem. The Innocence Commission will spend two years investigating and discussing issues surrounding wrongful conviction and the policies and procedures which may contribute to wrongful convictions. They are tasked with making recommendations about how to change Florida law to avoid wrongful convictions.

The 23-member panel consists of politicians, judges, lawyers (both prosecutors and defenders), professors and law enforcement officers. The project is supported by the Florida Legislature and the Florida Bar Association.

Psychologists agree that memory, like physical evidence, can be tainted by suggestion and circumstance. Generally, mug shots should be shown to a witness one at a time instead of in a photo lineup. Some believe that, when faced with a lineup of several faces, witnesses tend to pick the person who most resembles the culprit, even if the actual criminal’s photo is not included.

Non-verbal cues, reactions and seemingly innocuous comments from law enforcement can suggest an identification or create an improper sense of certainty about the identification.

One suggestion from psychologists is to have an uninvolved person display the photos to the witness, so the investigating officers do not unwittingly influence the process.

In most Tampa Bay police jurisdictions, case detectives with knowledge of the suspect are the ones to show lineups. Many department policies instruct them on what they can and can’t say and do to avoid swaying witnesses.

Some show photos one at a time, including the Pinellas County Sheriff’s Office, St. Petersburg police and Tampa police.

“We are always looking for ways to improve our process and stay on the cutting edge of law enforcement,” said Tampa police spokeswoman Laura McElroy.

The Innocence Commission will have a January meeting in Jacksonville; will provide the Court with an interim report in June 2011 and a final report with recommendations in June 2012.