Legal Definitions - eyewitness identification

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Definition of eyewitness identification

Eyewitness identification refers to the process where an individual who personally observed an event provides testimony or information identifying a person or persons they believe were involved in that event, based on their memory.

This type of identification is often crucial in legal proceedings, as it directly links an individual to an incident through a firsthand account.

  • Example 1: A convenience store clerk, who was present during a robbery, later picks out a suspect from a police photo array. This is an eyewitness identification because the clerk personally observed the robbery and is identifying an individual based on their recollection of the event.

  • Example 2: During a civil lawsuit concerning a disputed property boundary, a neighbor testifies that they clearly saw a specific contractor installing a fence on a particular date. This constitutes an eyewitness identification as the neighbor observed the activity and is identifying the contractor involved from memory.

  • Example 3: After a hit-and-run accident, a pedestrian who witnessed the incident describes the driver and the vehicle to the police, leading to the identification of a potential suspect. This is an eyewitness identification because the pedestrian saw the event unfold and is providing identifying details about the person involved based on their memory.

Simple Definition

Eyewitness identification is the process where a person who observed an event identifies an individual involved in that event. This identification is based on the eyewitness's memory and can involve either naming or describing the person.

It is better to risk saving a guilty man than to condemn an innocent one.

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