Louisiana Code of Criminal Procedure Article 253 requires criminal justice agencies to adopt written eyewitness identification procedures designed to reduce the risk of misidentification. Because mistaken eyewitness identification is a leading cause of wrongful convictions, this article is a vital defense tool.
What the Statute Says
Art. 253. Eyewitness identification procedures
A.(1) No later than January 30, 2019, any criminal justice entity conducting
eyewitness identifications shall either adopt the LSEMI model policy or draft its own policy
that minimally comports to key best practices as outlined in this Article.
(2) Each criminal justice entity that administers eyewitness identification procedures
shall provide a copy of its written policies to the Louisiana Commission on Law Enforcement
and Administration of Criminal Justice no later than March 1, 2019.
B. For any criminal justice entity that elects to draft its own policy on eyewitness
identification procedures, these policies shall:
(1) Be based on all of the following:
(a) Credible field, academic, or laboratory research on eyewitness memory.
(b) Relevant policies, guidelines, and best practices designed to reduce erroneous
eyewitness identifications and to enhance the reliability and objectivity of eyewitness
identifications.
(c) Other relevant information as appropriate.
(2) Include the following information regarding evidence-based practices:
(a) Procedures for selecting photograph and live lineup filler photographs or
participants to ensure that the photographs or participants:
(i) Are consistent in appearance with the description of the alleged perpetrator.
(ii) Do not make the suspect noticeably stand out.
(b) Instructions given to a witness before conducting a photograph or live lineup
identification procedure shall include a statement that the person who committed the offense
may or may not be present in the procedure.
(c) Procedures for documenting and preserving the results of a photograph or live
lineup identification procedure, including the documentation of witness statements,
regardless of the outcome of the procedure.
(d) Procedures for administering a photograph or live lineup identification procedure
[Excerpt — see the full text at the official source linked below.]
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 253 Matters to Your Defense
Article 253 matters because it sets standards for how lineups and identifications must be conducted. When police deviate from required procedures — suggestive lineups, improper instructions, lack of documentation — the reliability of the identification is open to serious challenge.
Eyewitness testimony is persuasive but fragile. Procedures that fail to follow Article 253 can produce identifications that are far less reliable than they appear to a jury.
How Our Attorneys Use Article 253
We obtain and analyze the agency’s written identification procedures and compare them to what actually happened in our client’s case. Deviations support motions to suppress the identification or to admit expert testimony on its unreliability.
We also probe the circumstances of the identification — lighting, distance, suggestion, and timing. See our Louisiana criminal procedure overview for how identification issues fit the defense.
Frequently Asked Questions
Article 253 requires criminal justice entities to adopt written eyewitness identification procedures intended to improve reliability and reduce misidentification.
Yes. A lineup or identification that was unduly suggestive or that departed from required procedures can be challenged, potentially leading to suppression of the identification.
Memory is malleable and can be influenced by suggestion, stress, and procedure. That is why Article 253’s safeguards, and careful defense scrutiny, are so important.
Charged in Louisiana? Talk to a Defense Attorney
If your case involves an eyewitness identification, the procedural details can shape the entire outcome. The Ambeau Law Firm knows how to hold the State to the rules. Contact us or call (225) 330-7009 for a free, confidential consultation.