Jurors have used photo identification technique widely and traditionally in many criminal investigation scenarios. However, this technique has several shortcomings. The accuracy of photo identification is pegged on three major scientific grounds: visibility conditions, human limitations in photo identification and confounding factors entangled in obtaining identification 1 . Therefore, the three factors make photo identification an unreliable eyewitness identification procedure.
Human Limitations
Several research findings have shown that humans are poor at facial recognition. This is worsened by the possibility of editing photos to make an individual similar to the culprit. Sometimes, cases that have been determined with reliance on photos have been disproven by DNA test. This shows the unreliablity of photo identification in eyewitness testimonies 2 .
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Faulty memory is one human limitation because a remembered face in many cases is not similar to the face seen at the crime scene. The disparity is caused by low memory resolution that is the inability of the human mind to make a clear-cut of the actual face. The reconstruction of memories from other scenes in the past or other possibilities by the witness may result in wrong identification 3 .
Poor Visibility
This includes factors such as poor lighting when taking the mug shot or at the crime scene, the distance between the criminal and the witness, which may result in the witness having a vague view and a short duration of view hence the inaccuracy. All these factors would affect the impression of the image in the mind of the witness and result in wrong photo identification.
Confounding Factors
Photo identification provides loopholes for several variables to affect the outcome other than those being measured. Confounding factors includes the poor choice of distractors. Distractors are other photos placed beside the suspect photo. They should be chosen in a way that no photo would bear a mark that can guarantee its automatic selection 4 . Another confounding factor is prior knowledge of who the suspect could be by whoever is conducting the photo spread. The body language may influence the witness unintentionally or intentionally and affect the authenticity of the test. Photos can also be recreated or modified to victimize an individual 5 .
Overall, photo identification is often accompanied by Human limitations, poor visibility and confounding factors. As a result, it is an unreliable eyewitness identification procedure. Fairness in the criminal justice system can only be attained if the right people are convicted for the crimes they commit; photo identification does not foster this.
References
Lippman, Matthew. Criminal Procedure. SAGE, 2013.
Samaha, Joel. Criminal Procedure . Cengage Learning, 2014.
1 Lippman, Matthew. Criminal Procedure. SAGE, 2013, 354
2 Samaha, Joel. Criminal Procedure . Cengage Learning, 2014, 337
3 Samaha, Joel. Criminal Procedure . Cengage Learning, 2014, 338
4 Lippman, Matthew. Criminal Procedure. SAGE, 2013, 355
5 Samaha, Joel. Criminal Procedure . Cengage Learning, 2014, 355
