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.)
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