American Judges Association


Date of this Version



Court Review, Volume 48, Issues 1-2, 14-21


Copyright © 2012 American Judges Association. Used by permission.


An increasingly strong case can be made for the argument that mistaken-eyewitness identification is the primary cause of the conviction of the innocent in the United States. The strongest single body of evidence in support of this proposition is the collection of cases in which forensic DNA testing was used to exonerate people who had been convicted by juries and were serving hard time (some on death row). These cases are well documented and tracked at the Innocence Project website and, as of this writing, there were 267 fully exonerated cases, of which 203 (76%) were cases involving mistaken-eyewitness identification.