Eyewitness Identification Reform in Oklahoma

In 2019, Oklahoma passed a law requiring all law enforcement agencies in the state to adopt a detailed written policy on eyewitness identification procedures that includes, at minimum: 1) blind/blinded administration of lineups/photo arrays, 2) instructions to the eyewitness that the perpetrator may or may not be present, 3) selecting fillers that generally match the eyewitness description of the perpetrator and do not make the suspect noticeably stand out, 4) eliciting and documenting an eyewitness confidence statement after an identification is made, 5) a protocol guiding the use of show-ups procedures, including that show-ups should only be used when a suspect is detained within a reasonably short time frame following the offense, 6) a protocol for documenting eyewitness identification procedures. Effective: November 2019.

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