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1 Book Cover Here Chapter 9 EYEWITNESS IDENTIFICATION Guidelines and Procedures Criminal Investigation: A Method for Reconstructing the Past, 7 th Edition Copyright © 2014, Elsevier Inc. All Rights Reserved
2 Methods Photo Files – Computerized Mug Photographs – Using a Photo File Sketches and Composite Images – Using the Police Artist – Using Composite Kits Lineups Facial Recognition Technology Copyright © 2014, Elsevier Inc. All Rights Reserved
3 Photo Files In all states, the laws require the photographing, fingerprinting, and collection of a DNA sample of anyone arrested for a felony or some of the more serious misdemeanors Mug shots are taken and personal descriptions are recorded Rogues Gallery (mug shot file) – Basis for an offender’s mug shot file include personal description, fingerprints, photos and DNA sample – A file administrator must develop a system that permits only those photographs of likely offenders to be shown on demand to the case investigator and eyewitness Copyright © 2014, Elsevier Inc. All Rights Reserved
4 Using the Police Artist Witness describes the offender Artist asks questions to witness and begins drawing, free from interruption and observation by the witness; this prevents the witness from shaping and directing the artist’s outlines Copyright © 2014, Elsevier Inc. All Rights Reserved
5 Using Composite Kits Composite kits are commercially available Identi-Kit is well-known in the United States A variety of racial and ethnic origins are available; kits come with instruction manuals Computerized composite kits available, allowing easy transmission to police departments Copyright © 2014, Elsevier Inc. All Rights Reserved
6 Lineup Procedure Composition of the Lineup – Number and Position of Participants – Outward Appearance of Participants (race, sex, physical characteristics, type of dress) Conduct of Lineups – Suppressing Suggestions – Recording the Procedure Uncooperative Suspects Copyright © 2014, Elsevier Inc. All Rights Reserved
7 Lineups Lineup should be conducted as soon as possible after the apprehension of a suspect – The shorter the interval between the lineup and the commission of the crime, the more reliable the eyewitness’s memory An innocent person can be released quickly If the suspect is released on bond before a lineup is held, the process could be delayed Copyright © 2014, Elsevier Inc. All Rights Reserved
8 Number and Position of Participants Some state courts have sanctioned a three-person lineup U.S. Supreme Court implicitly approved a lineup consisting of six people, including two suspects; at least two non-suspects are needed for each suspect, a ratio of 2:1 Suspects should be allowed to choose a spot and to change to any other spot after a viewing; this elemental fairness has led suspects identified in a lineup to confess more readily if interrogated soon thereafter Copyright © 2014, Elsevier Inc. All Rights Reserved
9 Conduct of Lineups Lineup participants must be cautioned to behave similarly and avoid conduct that would set them apart from the suspect Each person in lineup must utter specific words or take a specific pose if one is requested by the eyewitness Only one witness/viewer should be permitted in the lineup room at a time Copyright © 2014, Elsevier Inc. All Rights Reserved
10 Pictorial Identifications The Supreme Court allowed a conviction to stand based on a pre-arrest display of photographs in which no counsel was present, and held it to have been a valid procedure Suspect does not have the right to have an attorney present when an identification procedure is employed Copyright © 2014, Elsevier Inc. All Rights Reserved
11 Right to an Attorney Lineups Advising the Suspect Waiver of Right Role of the Suspect’s Attorney Copyright © 2014, Elsevier Inc. All Rights Reserved
12 One-on-One Confrontations “Show-Ups” – Used when a proper lineup cannot be arranged in time Inherently suggestive Absence of incriminating commentary critical Keep record for use in court Copyright © 2014, Elsevier Inc. All Rights Reserved
13 Reliability of Eyewitness Identifications Though the average citizen tends to put a good deal of faith in them, eyewitness identifications are generally not all that reliable Instructions on eyewitness identification should be given to a jury to help them evaluate the evidence Copyright © 2014, Elsevier Inc. All Rights Reserved
14 Jury Instructions The defense may ask a trial judge to give jurors special instructions to assist them in evaluating an eyewitness testimony – This helps the defense attorney to protect a client’s interests – Investigators should be familiar so they can spot and remedy any weakness before their evidence reaches court Copyright © 2014, Elsevier Inc. All Rights Reserved
15 Conclusion One of the more rapidly changing aspects of criminal investigation involves eyewitness testimony Keep abreast of court decisions and legislation related to faulty eyewitness accounts Need to “test” and eyewitness description and account of an observation Copyright © 2014, Elsevier Inc. All Rights Reserved
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