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The Innocence Project

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The Innocence Project: James Bain
Eyewitness identification is the process in which police presents eyewitnesses with a lineup or an array of photos, with the purpose of identifying a suspect ("Eyewitness Identification," 2011). The process of eyewitness identification involves placing the subject or the photo of a subject among others not suspected of committing the crime, in order for the eyewitness to identify the perpetrator ("Eyewitness Identification," 2011). However, research indicates that eyewitness identification is often unreliable due to the human mind’s inability to remember events exactly as it happened ("Eyewitness Misidentification," n.d). As a consequence eyewitness testimony is known to be one of the greatest causes of wrongful convictions nationwide, playing a role in nearly 75% of convictions overturned through DNA testing ("Eyewitness Misidentification," n.d).
One of the most notorious cases in the State of Florida regarding eyewitness misidentification is the case of James Bain, who was convicted to life in prison as a teenager in 1974 for raping and kidnapping a nine year old boy. The perpetrator who was described as a 17-18 year old teen with a mustache, bushy sideburns and with the name of “Jimmy” by the victim; was identified by the victim’s uncle as Jimmy Bain ("James Bain," n.d.). As a result of such identification, the uncle who was the assistant principal of the school where Bain studied, provided the police department with a photograph of Bain; which was put alongside five to six more photographs of potential suspects (“James Bain,” n.d.). However, the lineup composition that the victim was presented with was skewed since the “fillers” or the non-suspects who were included in the lineup did not resemble the eyewitness’s description of the perpetrator; therefore causing the alleged suspect to stand out before the rest which caused the victim to choose Bain as the perpetrator (Cardozo, n.d.).
On March 5, 1974, after the police collected the victim’s underwear and was sent to the FBI to get tested; the police interrogated Bain as well as his sister, who supported Bain’s claim that stated he was at his house at around midnight on the night of the crime ("James Bain," n.d.). However, despite the claims made by Bain and his sister, Bain was arrested by the police. During Bain’s trial, the FBI analysis presented evidence that the perpetrator had left semen in the victim’s underwear; however as a result of the lack of DNA testing during the time of the crime the semen was unable to be tested ("James Bain," n.d.). On the other hand, the FBI was able to testify that the semen found on the victim’s underwear was of blood group B; which according to the analyst coincided with Bain’s AB blood type which had a weak A group but a strong B blood group which did not exclude him from depositing the semen ("James Bain," n.d.). As a result, Bain was convicted of rape, kidnapping and burglary and was sentenced to life in prison ("James Bain," n.d.).
In 2001 Florida State Statute allowed certain cases to be reopened for DNA testing, and after several handwritten motions for Bain’s DNA evidence to be tested and with the help of the Innocence Project, Bain was granted access to post-conviction DNA testing ("James Bain," n.d.). After the FBI sent the semen found in the victim’s underwear for DNA testing, it was found that the evidence collected excluded Bain as the source of the DNA. As a result, after 35 years of a sentence for a crime he did not commit, Bain was declared innocent and was released on December 17, 2009 ("James Bain," n.d.). The outcome of this case, supported scientific evidence regarding the unreliability of eyewitness identification and proving once more that the human’s mind is subject to influence and alteration, which creates difficulty in memory maintenance (Cardozo,n.d.). In my opinion, cases such as the one of James Bain pose problems on the unreliability of the criminal justice system since it proves that it is possible to convict innocent individuals in the basis of unreliable information. For this reason, I believe that organizations such as “The Innocent Project” are beneficial to find innocent people who have been convicted of crimes they did not commit. In conclusion, I believe that cases in which the decision was made without enough factual information should be revised in a proactive manner to make sure that innocent individuals are not spending time in jail for something they did not do; while making sure individuals are solely convicted on the basis of factual evidence and not only on eyewitness testimony.

References
Cardozo, B. N. (n.d.). Reevaluating Lineups: Why Witnesses Make Mistakes and How to Reduce the Chance of a Misidentification. Retrieved June 10, 2013, from The Innocence Project website: http://www.innocenceproject.org/Content/ Reevaluating_Lineups_ Why_Witnesses_Make_Mistakes_and_How_to_Reduce_the_Chance_of_a_Misidentification.php
Eyewitness Identification. (2011, September 30). Retrieved June 10, 2013, from National Institute of Justice website: http://www.nij.gov/topics/law-enforcement/investigations/ eyewitness-identification /welcome.htm
Eyewitness Misidentification. (n.d.). Retrieved June 10, 2013, from The Innocence Project website: http://www.innocenceproject.org/understand/Eyewitness-Misidentification.php
James Bain. (n.d.). Retrieved June 10, 2013, from The Innocence Project website: http://www.innocenceproject.org/Content/James_Bain.php

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