What is the current state of the law on mistaken identity?

California, United States of America


The following excerpt is from People v. Marquez, F076266 (Cal. App. 2019):

Defendant relies on a frequently cited passage from United States v. Wade (1967) 388 U.S. 218, 228: "The vagaries of eyewitness identification are well-known; the annals of criminal law are rife with instances of mistaken identification." The statement is as true today as it was five decades ago. However, "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 prevent convictions based on mistaken identity. (Perry v. New Hampshire (2012) 565 U.S. 228, 233.)

Other Questions


What is the current state of the law on surveillance by the police state? (California, United States of America)
What is the current state of the law on "cruel and unusual punishments" under the Eighth Amendment of the United States? (California, United States of America)
What is the current state of the law on misconduct when a prosecutor makes a closing argument stating facts that are not in evidence? (California, United States of America)
What is the current state of the law on mistaken identification? (California, United States of America)
What is the current state's position on whether the First Amendment applies to the states through the Fourteenth Amendment due process clause? (California, United States of America)
What is the current state of the federal and state constitutions governing the trial of a criminal defendant who is mentally incompetent? (California, United States of America)
What is the current state or federal or state law on warrantless vehicle searches for identification? (California, United States of America)
What is the current state of the law on the Miranda rights of a suspect? (California, United States of America)
What is the current state of the law on the test for credibility of a psychologist's testimony in a sexual assault case? (California, United States of America)
What is the current state of the law on "random stops" in public places? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.