Virginia Criminal Defense Attorney | Virginia Police Fail to Implement Eyewitness Guidelines
Author: Portner & Shure
In 2011, Virginia state law implemented guidelines for police lineups and
eyewitness interview regulations. These guidelines were passed to reduce
wrongful convictions after DNA exonerations revealed that eyewitness errors
were tied to these cases. Since 1989, 13 out of 16 wrongful convictions
were caused by eyewitness misidentification. Throughout the nation, more
than 70 percent of DNA exonerations were initially caused by this same
type of error. Despite these efforts, a recent study showed that nine
out of 10 Virginia police agencies have not properly implemented these
protective procedures. 144 Virginia police departments and sheriff's
offices who responded to the survey showed that only 6 percent had implemented
the new policy, 58 percent relied on policy from 2005, and 27 percent
relied on policy from 1993. It is clear that stronger measures must be
taken in order to ensure that those who pass through the legal system
are given a just and fair chance.