Define: Identification Evidence

Identification evidence refers to testimony or evidence presented in court that aims to establish the identity of a person involved in a crime or other legal matter. This type of evidence is often crucial in criminal cases, where identifying the perpetrator is a key element in establishing guilt or innocence. Identification evidence may come from various sources, including eyewitness testimony, photographic or video evidence, fingerprints, DNA analysis, or other forensic techniques. However, identification evidence can be subject to challenges and scrutiny, as it may be influenced by factors such as the reliability of witnesses, the accuracy of memory, the circumstances of the identification process, and the potential for mistaken identity. Courts carefully evaluate identification evidence to assess its credibility, accuracy, and probative value in determining the facts of a case. Additionally, legal procedures and safeguards may be in place to ensure the reliability and fairness of identification evidence, such as line-up procedures, expert testimony, and judicial instructions to the jury.

A number of egregious miscarriages of justice have been associated with over-reliance on eyewitness identification evidence. The main reason for misidentification appears to be that eyewitnesses overestimate their ability to recall the features of a person they saw. Moreover, if the identification is not challenged, over time the eyewitness tends to become more, rather than less, sure of the reliability of his identification. Evidence has been admitted into court in the past which is based on fleeting glimpses of the perpetrator in the dark; eyewitnesses proferring such evidence are often extremely convincing. Convictions have been obtained on the basis of a single, uncorroborated identification made in less than ideal circumstances.

Consequently, there have been efforts recently to tighten up the rules on identification, and give juries proper guidance on how to interpret eyewitness evidence.

For a more detailed discussion of issues relating to identification, see:

1. Identification parade
2. Photofit
3. Tracker Dog
4. Turnbull direction

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.