What is the current state of the law on mistaken identification?
California, United States of America
The following excerpt is from People v. Wilson, A144395, A147775 (Cal. App. 2016):
instances of mistaken identification." (United States v. Wade (1967) 388 U.S. 218, 228.) The law has been responsive to this reality in evolving various protective measures to lessen the risk of mistaken identification. To this end, "vigorous cross-examination, protective rules of evidence, and jury instructions on both the fallibility of eyewitness identification and the requirement that guilt be proved beyond a reasonable doubt" exist to assist juries in assessing eyewitness testimony. (Perry v. New Hampshire (2012) 132 S.Ct. 716, 721.)
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