Is it fair for a witness to ID the accused in a courtroom? Posted on July 18, 2017 by Andrew Findley It happens a lot in the movies, and a fair number of times for centuries in real-life courtrooms: a witness on the stand is asked if he or she can identify the person accused of committing a crime. You know what happens next: the witness points to the defendant. But is that fair? It’s coming under question, and The Marshall Project takes a closer look.