October 2009

Almost all due to mistaken eyewitness ID when police had wrong suspect

Simultaneous display of photos (usually 6) Lineup created and presented by investigator with knowledge of case Knows who suspect is Often has developed rapport with W

What if the person police suspect is not the perpetrator? What if police are wrong? Then police belief they have right person can taint ID.

Compared simultaneous to sequential photo lineups In perpetrator-absent lineups (like DNA exoneration cases), mistaken eyewitness IDs drop sharply if photos displayed sequentially Some reduction in correct IDs when photos displayed sequentially Slight risk of failure to ID when perpetrator present outweighed by significant risk of mis-ID if perpetrator is absent

Blind- administrator of test does not know who the suspect is; W knows administrator doesnt know Blinded - administrator knows who suspect is but test is administered in such a manner that administrator cannot see which photo W is viewing and does not know order; W knows administrator does not know order Nonblind – administrator knows who suspect is and can see which photo W is viewing; W knows administrator knows who suspect is

W wants to help & will look to investigator for cues or validation (especially if good rapport) Even most experienced professional who knows ID of suspect cannot eliminate all possibility of unintentional cues This is not a question of doubting officer integrity but human naturea cue could be as simple as body language or eyes lighting up Simultaneous display encourages relative judgment

Picking the person who looks most like the perpetrator (regardless of whether it is the perpetrator)

Picking the person who looks most like the perpetrator is 100% wrong if perpetrator is not in lineup (i.e., if police suspect the wrong person)

Blind administration eliminates this as an issue

Sequential photo display Blind or blinded administration

Someone other than an investigator who knows the identity of the suspect shows the lineup

If only investigator who knows ID of suspect is available to do lineup, he must do so in a manner that ensures he does not know and cannot see where suspect isand witness must know he does not know order

Folder method (number photos; place each in separate folder with same number) If blind administrator, investigator may prepare folders If blinded procedure used, someone other than investigator who shows lineup must prepare folders 6-in-a-box method Laptop Future: Lineup software linked to M-RAP and police records

Show only one photo at a time; remove from view before next photo is shown After W has looked at each photo, ask Is this the person who [state act committed]? If no, go to next photo and repeat If yes, ask How certain are you of your selection? Continue showing rest of photos Note all comments made about any photo If W asks for repeat, show all photos (in same order) Keep track of number of cycles

No criminal charge should be based on ID requiring more than 2 cycles

Person who committed crime may or may not be included I do not know if any person being investigated is included (blind) or I do not know the order of photos (blinded) I will continue to show you all photos even if you ID someone A photo may be an old one; some things like hair style can change; skin tones may look different in photos Do not feel you have to make an ID; it is just as important to clear innocent as ID guilty; investigation will continue regardless You will see only 1 photo at a time; they are in no particular order; take as much time as you need Do not discuss procedure with any other W

Ask How certain are you of your selection? (write answer verbatim) Document any physical or emotional reaction Do not give W any feedback on ID (such as good job or thats who we thought it was (doing so will artificially inflate Ws level of confidence) Continue showing remaining photos

Preserve copy of photos shown in order (simultaneous 6-pack template works well) If ID made, have W sign photo picked Report should include: Whether blind or blinded method used Instructions given to W Results of lineup If ID made, answer to level of certainty Q

May elicit further detail on any ID made; may not tell W if right person picked; just say investigation ongoing