Identification
Mis-identification over the years has caused numerous defendants to be wrongfully incarcerated. Identification procedures are very important to defense lawyers. For instance, certain defendants may be subjected to line-ups, show-ups, or photographic identifications. In certain circumstances these procedures can be extremely suggestive. For this reason, lawyer should be present, if possible, during this critical stage of the proceedings. In order to establish reliability of these identification procedures, the due process clause of the 14th amendment should be incorporated into the proceedings.

Some of the things that a skilled criminal defense lawyer will consider is whether or not the witness is testifying from thier prior memory, the length of delay between the observation of the defendant and the criminal act, the lighting, whether the witness was wearing glasses, whether or not the witness can identify the clothing of the defendant, as well as other important factors. The bottom line is that mis-identification does occur in criminal cases and it can be a serious problem for the defendant.