Identity on Trial: Line-Ups, Photos, Voices & the Domican Warning | LawCast AU

Описание: How do courts decide who did it? This episode unpacks evidence of identity—what it is, why it’s risky, and how to use it without overreaching.

What counts as identification evidence?
Not just “I recognise that face.” Courts see visual ID as the most common form, but recognition can come by voice (aural), occasionally touch, and—rarely—smell or taste. Pure guesswork or vague inference isn’t admissible.

Why it’s a minefield
History is full of miscarriages of justice caused by mistaken ID, prompting modern caution and structured warnings.
Common error sources include fleeting views, poor conditions, memory contamination, confidence without foundation, cross-race/age/class effects, and suggestive police methods.

Photos, line-ups & the two classic dangers

Courts insist on strict photo ID safeguards; avoid pre-loading a witness with the suspect’s image.

Watch the “rogues’ gallery” effect (jurors infer a criminal record) and “displacement effect” (the witness remembers the photo, not the person).

Line-ups help, but they’re not magic; many witnesses pick no one or the wrong person, and expectations can skew picks.

Voice & video
Voice ID and photo/video recognition can be relevant, but foundations matter (familiarity, distinctiveness, conditions, or features beyond what the jury can already observe). Jurors comparing voices need careful directions; expert help may be warranted.

The Domican warning (Australia)
If ID is a significant plank and its reliability is disputed, the judge must give a strong, case-specific caution—explain why ID can mislead, highlight weaknesses, and do more than echo counsel’s arguments. Applies in judge-alone trials too.

Uniform Evidence Acts—s 114, s 115, s 116 (criminal cases)

s 114 (visual ID): prosecution ID generally inadmissible unless a parade was held, or it was unreasonable/impracticable, or the accused refused; includes in-court and out-of-court ID.

s 115 (picture ID): tight limits (no “in-custody” suggestion; controls when pre-custody photos were used). Juries may need instructions to avoid assuming a record.


s 116 (caution): mandatory warning on ID unreliability and reasons, tailored to the case; also see s 165 for general “unreliable evidence” warnings.

Practice takeaways

Build independent support (features the jury can’t see for themselves; contemporaneous descriptions; neutral records).

Treat photo IDs with kid gloves; explain why a parade wasn’t feasible if you rely on photos.

Expect and welcome a Domican-style direction—draft your case theory to survive it.

Remember: even multiple confident witnesses can be confidently wrong.