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Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification Georgia Public Safety Training Center 1000 Indian Springs Drive Forsyth, GA 31029.

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Presentation on theme: "Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification Georgia Public Safety Training Center 1000 Indian Springs Drive Forsyth, GA 31029."— Presentation transcript:

1 Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification Georgia Public Safety Training Center 1000 Indian Springs Drive Forsyth, GA 31029

2 Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification House Resolution 1071, urging all Law enforcement agencies to adopt the best practices of eye witness Identification by departmental policy

3 Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification A ResolutionA Resolution

4 Georgia Public Safety Training Center 5/6/2015 TERMS PEACE OFFICERPEACE OFFICER

5 Georgia Public Safety Training Center 5/6/2015 TERMS IN-SERVICEIN-SERVICE

6 Georgia Public Safety Training Center 5/6/2015 TERMS SUSPECTSUSPECT

7 Georgia Public Safety Training Center 5/6/2015 TERMS ADMINISTRATORADMINISTRATOR

8 Georgia Public Safety Training Center 5/6/2015 TERMS NEUTRAL INDEPENDENT ADMINISTRATORNEUTRAL INDEPENDENT ADMINISTRATOR

9 Georgia Public Safety Training Center 5/6/2015 TERMS SIMULTANEOUS IDENTIFICATIONSIMULTANEOUS IDENTIFICATION

10 Georgia Public Safety Training Center 5/6/2015 TERMS SEQUENTIAL IDENTIFICATIONSEQUENTIAL IDENTIFICATION

11 Georgia Public Safety Training Center 5/6/2015 TERMS SHOWUPSHOWUP

12 Georgia Public Safety Training Center 5/6/2015 TERMS PHYSICAL LINEUPPHYSICAL LINEUP

13 Georgia Public Safety Training Center 5/6/2015 TERMS PHOTOGRAPHIC LINEUPPHOTOGRAPHIC LINEUP

14 Georgia Public Safety Training Center 5/6/2015 TERMS FILLERFILLER

15 Georgia Public Safety Training Center 5/6/2015 Georgia Peace Officers OCGA Title OCGA Title Basic course of instruction

16 Georgia Public Safety Training Center 5/6/2015 Georgia Law Enforcement Handbook Criminal Law & Procedure Chapter 6, Pre-Trial IdentificationChapter 6, Pre-Trial Identification

17 Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification The United States Supreme Courts says:

18 Georgia Public Safety Training Center 5/6/2015 Georgia Law Enforcement Handbook Criminal Law & Procedure Pre-Trial IdentificationPre-Trial Identification Chapter 6-4 Lineups (Physical Lineup)Chapter 6-4 Lineups (Physical Lineup)

19 Georgia Public Safety Training Center 5/6/2015 Georgia Law Enforcement Handbook Criminal Law & Procedure Pre-Trial IdentificationPre-Trial Identification Chapter 6-4 Lineups (Physical Lineup)Chapter 6-4 Lineups (Physical Lineup)

20 Georgia Public Safety Training Center 5/6/2015 Georgia Law Enforcement Handbook Criminal Law & Procedure Pre-Trial IdentificationPre-Trial Identification Chapter 6-5 ShowupsChapter 6-5 Showups

21 Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification The United States Supreme Courts says:

22 Georgia Public Safety Training Center 5/6/2015 Georgia Law Enforcement Handbook Criminal Law & Procedure Pre-Trial IdentificationPre-Trial Identification Chapter 6-6 Picture Identification (Photographic Lineup)Chapter 6-6 Picture Identification (Photographic Lineup)

23 Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification The United States Supreme Courts says:

24 Georgia Public Safety Training Center 5/6/2015 Georgia Law Enforcement Handbook Criminal Law & Procedure Pre-Trial IdentificationPre-Trial Identification Chapter 6-7 Presence of counselChapter 6-7 Presence of counsel

25 Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification The United States Supreme Courts says:

26 Georgia Public Safety Training Center 5/6/2015 Interviewing Eyewitnesses INTERVIEWINGINTERVIEWING

27 Georgia Public Safety Training Center 5/6/2015 Interviewing Eyewitnesses INTERVIEWINGINTERVIEWING

28 Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification PreparationPreparation PresentationPresentation PreservationPreservation

29 Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification Preparation & PresentationPreparation & Presentation –Showups

30 Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification PreparationPreparation –Showups

31 Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification PresentationPresentation –Showups

32 Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification PreservationPreservation –Showups

33 Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification PreservationPreservation –Showups

34 Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification PreparationPreparation –Physical lineups –Photographic lineups

35 Georgia Public Safety Training Center 5/6/2015 PREPARATION Composing LineupsComposing Lineups –Legal considerations

36 Georgia Public Safety Training Center 5/6/2015 PREPARATION Composing LineupsComposing Lineups –Include only one suspect in each identification procedure

37 Georgia Public Safety Training Center 5/6/2015 PREPARATION Composing LineupsComposing Lineups Include at least five fillersInclude at least five fillers

38 Georgia Public Safety Training Center 5/6/2015 PREPARATION Composing LineupsComposing Lineups –Select fillers who generally fit the witness’s description of the perpetrator.

39 Georgia Public Safety Training Center 5/6/2015 PREPARATION Composing LineupsComposing Lineups –Complete uniformity of features in not required

40 Georgia Public Safety Training Center 5/6/2015 PREPARATION Composing LineupsComposing Lineups –Place suspects in different positions in each lineup.

41 Georgia Public Safety Training Center 5/6/2015 PREPARATION Composing LineupsComposing Lineups –When showing a new suspect, avoid reusing fillers in lineups shown to the same witness

42 Georgia Public Safety Training Center 5/6/2015 PREPARATION Composing LineupsComposing Lineups –Ensure that no writings are markings concerning previous arrest (s) will be visible to the witness

43 Georgia Public Safety Training Center 5/6/2015 PREPARATION Composing LineupsComposing Lineups –View lineup once completed to ensure that the suspect does not unduly stand out.

44 Georgia Public Safety Training Center 5/6/2015 PREPARATION Composing LineupsComposing Lineups –Preserve the presentation order

45 Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification PresentationPresentation –Physical lineups –Photographic lineups

46 Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification Neutral Independent Administrator

47 Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification PresentationPresentation –Physical lineups –Photographic lineups

48 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups Prior to beginning a physical lineup, the administrator should instruct all those present not to suggest in any way the position or identity of he suspect in the lineupPrior to beginning a physical lineup, the administrator should instruct all those present not to suggest in any way the position or identity of he suspect in the lineup

49 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups –Advise the witness that he/she will be asked to view a group of individuals

50 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups –Advise the witness that he/she does not have to make an identification, and the identification procedure is important to the investigation whether or not an identification is made

51 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups –Advise the witness that it is just as important to clear innocent persons from suspicion as to identify guilty parties

52 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups –Advise the witness that the individuals depicted in the physical lineup may not appear exactly as the witness observed on the date of the crime because features such as hairstyles and facial hair are subject to change

53 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups –Advise the witness that the perpetrator may or may not be among those shown in the physical lineup

54 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups –Advise the witness that regardless of whether an identification is made, law enforcement will continue to investigate the crime

55 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups –Confirm that the witness understands the lineup procedure

56 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups –Advise the witness not to discuss the identification procedure or its results with other witnesses involved in the case and discourage contact with the media

57 Georgia Public Safety Training Center 5/6/2015 PRESENTATION ADVISORY STATEMENTADVISORY STATEMENT –Physical lineup

58 Georgia Public Safety Training Center 5/6/2015 ADVISORY STATEMENT “In a moment I am going to show you a group of individuals. This group of individuals may or may not contain the person who committed the crime now being investigated. It is just as important to clear innocent persons from suspicion as to identify guilty parties. Whether or not you make an identification, the investigation will continue. Now, keep in mind that hair styles, beards, and mustaches may be easily changed. Pay no attention to any markings or number that may appear on or near the individual. When you have looked at all the individuals, tell me whether or not you see the person who committed the crime. You do not have to make an identification and the identification procedure is important to the investigation whether or not an identification is made. Do not tell other witnesses that you have or have not identified anyone. Do you understand?”

59 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups –If an identification is made, advise the witness to give feedback in his/her own words regarding his/her level of confidence at the time of the identification

60 Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification Simultaneous v Sequential

61 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups SimultaneousSimultaneous

62 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups SimultaneousSimultaneous Presenting the IndividualsPresenting the Individuals

63 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups SequentialSequential

64 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups SequentialSequential Presenting the IndividualsPresenting the Individuals

65 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photograph lineupsPhotograph lineups –Advise the witness that he/she will be asked to view a group of photographs

66 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photograph lineupsPhotograph lineups –Advise the witness that he/she does not have to make an identification, and the identification procedure is important to the investigation whether or not an identification is made

67 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photograph lineupsPhotograph lineups –Advise the witness that it is just as important to clear innocent persons from suspicion as to identify guilty parties

68 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photograph lineupsPhotograph lineups –Advise the witness that the individuals depicted in the physical lineup may not appear exactly as the witness observed on the date of the crime because features such as hairstyles and facial hair are subject to change

69 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photograph lineupsPhotograph lineups –Advise the witness that the perpetrator may or may not be among those shown in the photograph lineup

70 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photograph lineupsPhotograph lineups –Advise the witness that regardless of whether an identification is made, law enforcement will continue to investigate the crime

71 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photograph lineupsPhotograph lineups –Confirm that the witness understands the lineup procedure

72 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photograph lineupsPhotograph lineups –Advise the witness not to discuss the identification procedure or its results with other witnesses involved in the case and discourage contact with the media

73 Georgia Public Safety Training Center 5/6/2015 PRESENTATION ADVISORY STATEMENTADVISORY STATEMENT –Photograph lineup

74 Georgia Public Safety Training Center 5/6/2015 ADVISORY STATEMENT “In a moment I am going to show you a group of individuals. This group of individuals may or may not contain the person who committed the crime now being investigated. It is just as important to clear innocent persons from suspicion as to identify guilty parties. Whether or not you make an identification, the investigation will continue. Now, keep in mind that hair styles, beards, and mustaches may be easily changed. Pay no attention to any markings or number that may appear on or near the individual. When you have looked at all the individuals, tell me whether or not you see the person who committed the crime. You do not have to make an identification and the identification procedure is important to the investigation whether or not an identification is made. Do not tell other witnesses that you have or have not identified anyone. Do you understand?”

75 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photograph lineupsPhotograph lineups –If an identification is made, advise the witness to give feedback in his/her own words regarding his/her level of confidence at the time of the identification

76 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photographic lineupsPhotographic lineups SimultaneousSimultaneous

77 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photographic lineupsPhotographic lineups SequentialSequential

78 Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photographic lineupsPhotographic lineups SequentialSequential Presenting the photographsPresenting the photographs

79 Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification PreservationPreservation –Showups –Physical lineups –Photographic lineups

80 Georgia Public Safety Training Center 5/6/2015 PRESERVATION Documenting Identification ResultsDocumenting Identification Results Document both identification and non- identification results including the witness’s own words regarding how sure he/she is.Document both identification and non- identification results including the witness’s own words regarding how sure he/she is.

81 Georgia Public Safety Training Center 5/6/2015 PRESERVATION Documenting Identification ResultsDocumenting Identification Results Ensure results are signed and dated by the witnessEnsure results are signed and dated by the witness

82 Georgia Public Safety Training Center 5/6/2015 PRESERVATION Documenting Identification ResultsDocumenting Identification Results Ensure that no materials indicating previous identification results are visible to the witnessEnsure that no materials indicating previous identification results are visible to the witness

83 Georgia Public Safety Training Center 5/6/2015 PRESERVATION Documenting Identification ResultsDocumenting Identification Results Ensure that the witness does not write on or mark materials that will be used in other identification proceduresEnsure that the witness does not write on or mark materials that will be used in other identification procedures

84 Georgia Public Safety Training Center 5/6/2015 PRESERVATION LINEUPSLINEUPS Document any identification results and witness’s statement of certaintyDocument any identification results and witness’s statement of certainty

85 Georgia Public Safety Training Center 5/6/2015 PRESERVATION LINEUPSLINEUPS Document the lineupDocument the lineup –Identification of lineup participants and sources used –Names of all persons present –Date and time the procedure was conducted

86 Georgia Public Safety Training Center 5/6/2015 PRESERVATION PHYSICAL LINEUPSPHYSICAL LINEUPS Documenting the participantsDocumenting the participants

87 Georgia Public Safety Training Center 5/6/2015 PRESERVATION Participant Forms Physical Lineup Photographic Lineup

88 Georgia Public Safety Training Center 5/6/2015 PRESERVATION LINEUPSLINEUPS Document the lineup by photo or video whenever possibleDocument the lineup by photo or video whenever possible

89 Georgia Public Safety Training Center 5/6/2015 PRESERVATION LINEUPSLINEUPS Advise the witness not to discuss the identification procedure or its results with other witnesses involved in the case and discourage contact with the mediaAdvise the witness not to discuss the identification procedure or its results with other witnesses involved in the case and discourage contact with the media

90 Georgia Public Safety Training Center 5/6/2015 PRESERVATION Physical Lineup ID Photographic Lineup ID

91 Georgia Public Safety Training Center 5/6/2015 PRESERVATION FOLLOW UPFOLLOW UP

92 Georgia Public Safety Training Center 5/6/2015 AGENCY POLICY GACP Model Policy

93 Georgia Public Safety Training Center 5/6/2015 IDENTIFICATION DISPLAY FOLDER Identification Display Folder


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