How do Georgia criminal defense lawyers challenge photo array identification procedures?
A photo array, in which a witness is shown photographs to identify a suspect, can be challenged in Georgia where the procedure was conducted in a manner that compromised its reliability. These challenges examine both the composition of the array and the manner in which it was presented.
The composition of the array is examined. An array generally should include photographs that do not cause a particular individual to stand out unfairly, so whether the photographs were reasonably similar, or whether one drew undue attention, can be relevant. The fairness of the array’s composition bears on its reliability.
The manner of presentation matters. How an array was presented, including any instructions given to the witness and the conduct of the person administering it, can affect the reliability of an identification. Suggestive presentation can undermine the result.
Reliability remains the ultimate question. Even where the array’s makeup or presentation raised concerns, the law still asks whether the identification it produced can be trusted, gauged against the broader circumstances and the factors bearing on accuracy. A flawed array does not automatically erase an identification, but it can sharply diminish the confidence placed in one.
A challenge to a photo array tends to press on how it was built, how it was shown, and whether what came out of it holds up. Composition that singled out the suspect, a suggestive presentation, or weak reliability under the circumstances each give a defense something to work with.