December 05, 2014

In this article, Jenner & Block partner Thomas P. Sullivan explains that a new Illinois statute, effective in 2015, contains procedures to be followed when an eyewitness to a crime is called upon to identify the perpetrator from a group of photographs.  The statute requires that the administrator should not be aware of the identity of the police suspect, or not be able to see which photograph the witness is viewing, and that the entire procedure be videotaped if equipment is available.  This represents a “major step forward” in the effort to avoid mistaken identifications.