Mistaken identity
| It has been suggested that this article or section be merged into actual innocence. (Discuss) |
- This article concerns the criminal defense; for other uses, see Mistaken Identity (disambiguation)
| Criminal defenses |
|---|
| Part of the common law series |
| See also Criminal law and procedure |
| Insanity · Mental disorder |
| Diminished responsibility |
| Intoxication · Infancy |
| Automatism |
| Consent · Mistake |
| Duress · Necessity |
| Provocation · Self defense |
| False confession · Entrapment |
| Other common law areas |
| Contract law · Tort law · Property law |
| Wills and trusts · Evidence |
| Portals: Law · Criminal justice |
Mistaken identity is a defense in criminal law which claims the actual innocence of the criminal defendant, and attempts to undermine evidence of guilt by asserting that any eyewitness to the crime incorrectly thought that they saw the defendant, when in fact the person seen by the witness was someone else. The defendant may question both the memory of the witness (suggesting, for example, that the identification is the result of a false memory), and the perception of the witness (suggesting, for example, that the witness had poor eyesight, or that the crime occurred in a poorly lit place).
Because the prosecution in a criminal case must prove the guilt of the accused beyond a reasonable doubt, the defendant must convince the jury that there is reasonable doubt about whether the witness actually saw what the witness claims to have seen, or recalls having seen. Although scientific studies have shown that mistaken identity is a common phenomenon, jurors give very strong credence to eyewitness testimony, particularly where the eyewitness is resolute in believing that their identification of the defendant was correct.
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Looking through these bars and wondering why I'm here Accused of a crime I did not commit and.
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Walking right at your back This afternoon I think I'm out of luck Don't wanna leave you.
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