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Table of contents

• Eyewitness | USA Network
• The Voice of the Eyewitness
• Get A Copy
• An Examination of the Causes and Solutions to Eyewitness Error
• How a travesty led to criminal-justice innovation in Texas.

Of the people exonerated by DNA in the United States since , nearly three-quarters were sent to prison at least in part by mistaken eyewitness identification. It is the leading cause of wrongful convictions, according to the Innocence Project. In the Curtis Flowers case, two witnesses were shown photo lineups more than a month after the murders. One was Porky Collins, who said he saw two African-American men across the street from Tardy Furniture not long before the murders.

The other was Catherine Snow, who said that, on the morning of the murders, she saw a man standing next to Doyle Simpson's car outside the Angelica garment factory, where she worked. This seemed significant because prosecutors believed that the murder weapon was stolen from Simpson's car. Both Collins and Snow eventually picked Flowers out of photo lineups, with varying levels of certainty. But how reliable are their identifications? We talked to two psychologists who are experts on eyewitness memory — Iowa State University's Dr.

Gary Wells and Dr. John Wixted from the University of California, San Diego — about what makes for strong identifications. Then we graded the two photos lineups in the Flowers case against the five criteria the experts provided. This is so obvious, it's easy to overlook. For a witness to reliably identify a suspect later on, he or she needs to have gotten a good look at the person in the first place.

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In a notable ruling, the New Jersey Supreme Court identified a list of factors that can weaken the strength of an initial sighting: stress, intoxication, poor lighting, only a brief exposure to the suspect, a focus on a weapon in the suspect's hand, and "cross-racial" effects studies have shown that witnesses are less discerning of detail when observing faces of people of a different race.

Also, people generally need a reason — like witnessing a crime in progress — to bother to create a memory of someone they see in public.

Snow: Probably. She was in a familiar, low-stress environment when she saw the person standing near Doyle's car. The sun was up, she was standing still and relatively close to the person she observed.

She and the person were both African-American. Collins: No. He was driving when he saw the two black men standing near a car. He had no particular reason to notice them except that one made a gesture with his hand, and Porky thought they might be arguing. Then he circled back and got another quick look, but there were cars and a tree in the way. One man's back was toward him. Porky was white and the men he observed were black, making it even less likely that he was able to form a distinct impression of their faces.

The best indication of whether a witness actually got a good look at a suspect is his or her first statement to police. The description provided should be detailed and specific. The ability to say the suspect had a pointy nose, for instance, or a goatee or a birthmark is evidence that the witness extracted meaningful descriptive information from that initial sighting.

If, on the other hand, the witness can describe the suspect in only broad terms like age, race and gender, then he or she only has what Wells calls "a gist memory. They're an indication, Wells says, "that there's no ground truth. Snow: No. She said she saw a stocky black man, 25 to 30 years old, approximately 5-foot, with short hair. She said she could "possibly" identify him.

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And why would she have? She went out to her car. She came back in. This was a non-event. His initial statement gives almost no description. He simply says that he saw two black men of medium complexion. A lineup is composed of a photo of the suspect and five "filler" images. If it's conducted properly, the fillers meet several critical imperatives:. They are all plausible choices given the witness' initial statement. A person who has read the witness' statement but didn't actually witness the crime should be able to fail the test.

There should be nothing suggestive about any of the photos — no one photo should jump out. They must be "known innocents.

And I'm not a witness to anything. Snow: Yes. To varying degrees, the men in her photo lineup all matched the original description Snow provided. The most glaring deficiency in the lineup is the photos are black and white. The lack of color means that some facial definition is lost, but it's not a deal-breaker. The social security numbers of the fillers are listed and none of them was an alternate suspect. Porky's lineup had a number of problems.

In the second panel pictured on the right below , the six photos could not look more different. Three are small photos of teenagers. Two of the guys have braids.

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Four have facial hair. The man in photo 3 is bright and splotchy, the guy in photo 4 — Curtis Flowers — is bigger than the rest. In some cases, bigness could cause a selective bias toward the suspect, but in this case both Wells and Wixted believed that since each photo stood out in its own way, Flowers' size was a wash. Also, Porky only saw one man's face, but he's being shown photo lineups with at least two suspects — Doyle Simpson and Curtis Flowers. The men in the other 10 photos are not identified.

The best practices here have changed a lot since Today, a scrupulous police interviewer will take pains to ensure that the witness doesn't feel pressure to pick a photo if he or she isn't certain. This is done by giving a clear set of instructions at the start, something like, "Keep in mind that the person you saw might not be in this set of photos at all.

How a travesty led to criminal-justice innovation in Texas.

It's just as important to eliminate people from suspicion as it is to incriminate them. Also, we are now well aware that coaching, suggestion and even non-verbal reactions by police officers can powerfully lead a witness. If detectives in the room hear the witness say something they're hoping for, they may nod their heads or lean in. Witnesses are attuned to this, even if only subconsciously; they trust law enforcement and want to help.

Wells says the best way to ensure this doesn't happen is a double-blind presentation of the lineup. There should be only one person showing the photo array, someone who doesn't actually know who the suspect is.

The Eyewitness Account of Creation

Additionally, the footage lacks a chain of custody record, identifying who had access to the footage between the time of capture and its use in court. Therefore, the footage often is of little or no use to legal authorities in investigating or prosecuting the alleged perpetrators. If the footage does reach a court or other tribunal, it is likely to be rejected or given little weight. The eyeWitness app records and embeds metadata at the time the footage is captured that verifies where and when the footage was taken.

The metadata also allows eyeWitness to confirm that the footage has not been edited or digitally altered and to trace the chain of custody. The user sends the videos or photos directly from the app to the eyeWitness organization. Footage sent will be held in an off-line repository, hosted by LexisNexis, an industry leader in securely hosting and maintaining large amounts of data. LexisNexis has created a secure cloud environment for the storage and management of data uploaded by eyeWitness users.

The eyeWitness legal team will analyze relevant footage and seek out the appropriate legal authorities to investigate the situation further. In the interim, the secure repository will function as a virtual evidence locker, safeguarding the original, encrypted footage until it is needed for an investigation or trial.

Indeed, the eyeWitness app is a tool designed to empower citizens on the ground where atrocities are taking place to help bring to justice the perpetrators of these crimes. While technology can make an important contribution to the justice process, we must bear in mind that technology is a tool, not a solution. While verifiable information about atrocities is necessary for justice and accountability, it is not sufficient. True justice depends on how this information is used.