The Witness Who Was Not There: Challenging the Reliability of Identifications Made from Images

Imagine that a security camera video shows someone committing a robbery. The “witness” does not see it live but only views the video and then identifies the perpetrator. Called a “non-eyewitness identification,” this identification is a departure from a traditional eyewitness identification because it allows a person who was not at the scene and did not observe the event to put forward an opinion about what a video depicts. How can advocates prevent judges from admitting the less reliable non-eyewitness identifications into evidence?