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Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Art. 2.1386

Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Art. 2.1386


As a criminal defense attorney in Texas, it is important to stay up to date on the latest laws and regulations that may impact your clients' cases. One such law is Art. 2.1386, which pertains to eyewitness identification protocols.


Eyewitness identification is often a crucial piece of evidence in criminal cases, as it can help to identify suspects and link them to the crime in question. However, eyewitness identification is not always reliable, as witnesses can be influenced by a variety of factors, including stress, fear, and even the way questions are asked.


To address these concerns, the Texas Commission on Law Enforcement has established a comprehensive education and training program on eyewitness identification. This program is designed to educate law enforcement officers on the variables that can affect a witness's vision and memory, as well as practices for minimizing contamination and effective eyewitness identification protocols.



Under Art. 2.1386, each law enforcement agency in Texas is required to require each peace officer who performs eyewitness identification procedures to complete this education and training program. This means that law enforcement officers who conduct eyewitness identifications must be trained in best practices to ensure that the identifications are as accurate and reliable as possible.


For criminal defense attorneys, this law is significant because it helps to ensure that eyewitness identifications are conducted in a fair and reliable manner. By requiring law enforcement officers to complete education and training on this topic, the risk of misidentifications and wrongful convictions is reduced.


If you are a criminal defense attorney in Texas, it is important to be aware of Art. 2.1386 and to use it to your advantage in your clients' cases. By questioning the reliability of eyewitness identifications and highlighting any concerns with the identification process, you may be able to raise doubts about the prosecution's case and ultimately help your client achieve a favorable outcome.


Art. 2.1386. EYEWITNESS IDENTIFICATION PROTOCOLS. (a) In this article, "law enforcement agency" means an agency of the state or an agency of a political subdivision of the state authorized by law to employ peace officers. (b) The Texas Commission on Law Enforcement shall establish a comprehensive education and training program on eyewitness identification, including material regarding variables that affect a witness's vision and memory, practices for minimizing contamination, and effective eyewitness identification protocols. (c) Each law enforcement agency shall require each peace officer who is employed by the agency and who performs eyewitness identification procedures to complete the education and training described by Subsection (b). Added by Acts 2017, 85th Leg., R.S., Ch. 686 (H.B. 34), Sec. 2, eff. September 1, 2017.


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For attorneys: This Blog is informational and educational in nature and is not a substitute for Westlaw or other research and consultation on specific matters pertaining to your clients. As you know the law can change day to day based on recent case opinions. And unfortunately you shouldn't cite it in court as binding authority because it is not. Mention it to your friends, just seek real consultation if it’s something important.

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