Criminal Evidence And Criminal Procedure Case Preparationas

Criminal Evidence and Criminal ProcedureNameInstitutional affiliation Criminal Evidence and Criminal ProcedureFor the defendant to be declared guilty of committing an offense, the prosecution has to prove that it was indeed the defendant who committed the offense. One method is the witness identification process, where an eyewitness identifies the assailant among a group of other people. In an identification process, there is often the possibility of the witness identifying the wrong person. Even though most juries find eyewitness convincing, if the eyewitness is convincing enough before the jury, the wrong person may be sent to jail(Criminaldefense.homestead.com, 2015). An example is the case district attorney’s office for third judicialdist. V. Osborne (no. 08-6) 521 f. 3d 1118 where Osborne was wrongfully convicted of sexual assault.Several factors have been found to lead to misidentification. These factors can be divided into two broad categories.Estimator and system variables. The former is out of control of the police investigators, while the latter is within the control of the police. The role of the defense attorney, in this case is to convince the jury that the eyewitness testimony is unreliable. Poor investigation and