The role of suspect development practices in eyewitness identification accuracy and racial disparities in wrongful conviction

Abstract

AbstractThis article reviews the three previously studied categories of variables that are related to eyewitness identification accuracy: estimator (characteristics of the witnessing conditions), system (characteristics of the identification procedure that are under the control of the criminal legal system), and reflector (variables that reflect the likely accuracy of a witness). Although eyewitness scholars frequently turn to these variables and models of memory to explain why eyewitnesses make mistakes, none of these variables provides a reasonable explanation for the large racial disparities in wrongful convictions based on mistaken identifications, yet problematic policing practices might. The policies and practices guiding police efforts to develop suspects as well as the decisions of officers to place a suspect at risk of misidentification determine the base‐rate of innocent suspects that appear in identification procedures. Current police practices—from developing suspects based on hunches, through facial recognition technology, or by pressuring reluctant witnesses to make identifications—increase the likelihood that innocent suspects will be placed in lineups. An increase in lineups with innocent suspects increases the ratio of mistaken to correct identifications without changes in witness performance. Requirements for evidence‐based suspicion, video recording identification procedures, and prohibiting coercive interviewing techniques with reluctant witnesses are recommended for reducing the effect of unreliable suspect development methods on eyewitness evidence.