Eyewitness Evidence: A Guide for Law Enforcement · 3 Procedure: During a 9–1–1/emergency...
Transcript of Eyewitness Evidence: A Guide for Law Enforcement · 3 Procedure: During a 9–1–1/emergency...
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Eyewitness Evidence:A Guide for Law Enforcement
Part I: Interviewing Procedures
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Section I.
Initial Report of the Crime/First Responder
(Preliminary Investigator)
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Procedure: During a 9–1–1/emergencycall—after obtaining preliminary informationand dispatching police—the call-taker/dispatcher should—
1. Assure the caller the police are on the way.
A. Answering the 9–1–1/EmergencyCall (Call-Taker/Dispatcher)
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2. Ask open-ended questions (e.g., “What canyou tell me about the car?”) and augmentwith closed-ended questions (e.g., “Whatcolor was the car?”).
Answering the 9–1–1/Emergency Call(Call-Taker/Dispatcher) (cont.)
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Open-ended questions allow for anunlimited response from the witness inhis/her own words.
Examples:• “What can you tell me about the
perpetrator?”• “Tell me in your own words what
happened.”
Obtaining Information FromWitness(es)
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Closed-ended questions limit the amountor scope of information that the witness canprovide.
Examples:• “Did the perpetrator have a beard?”
• “What color was the car?”
Obtaining Information FromWitness(es) (cont.)
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3. Avoid asking suggestive or leadingquestions. Leading questions suggest ananswer and may distort the caller’sperception or memory.
Example:
• “Was the car red?”
Obtaining Information FromWitness(es) (cont.)
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4. Ask if anything else should be known about the incident.
5. Transmit information to responding officer(s).
6. Update officer(s) as more information comes in.
Answering the 9–1–1/Emergency Call(Call-Taker/Dispatcher) (cont.)
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Summary:
The information obtained from the witness iscritical to the safety of those involved andmay be important to the investigation. Themanner in which facts are elicited from acaller can influence the accuracy of theinformation obtained.
Answering the 9–1–1/Emergency Call(Call-Taker/Dispatcher) (cont.)
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B. Investigating the Scene(Preliminary Investigating Officer)
Procedure: After securing the scene andattending to any victims and injuredpersons, the preliminary investigatingofficer should—
1. Identify the perpetrator(s).
a. Determine the location of the perpetrator(s).b. Detain or arrest if still present at the scene.
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2. Determine/classify what crime or incidenthas occurred.
3. Broadcast an updated description of theincident, perpetrator(s), and/or vehicle(s).
Investigating the Scene (PreliminaryInvestigating Officer) (cont.)
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4. Verify the identity of the witness(es).
5. Separate witnesses and instruct them to avoid discussing details of the incident with other witnesses.
6. Canvass the area for other witnesses.
Investigating the Scene (PreliminaryInvestigating Officer) (cont.)
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Summary:
The preliminary investigation at the sceneforms a sound basis for the accuratecollection of information and evidenceduring the followup investigation.
Investigating the Scene (PreliminaryInvestigating Officer) (cont.)
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C. Obtaining Information From Witness(es)
Procedure: When interviewing a witness, thepreliminary investigating officer should—
1. Establish rapport with the witness.
2. Inquire about the witness’s condition.
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3. Use open-ended questions (e.g., “What canyou tell me about the car?”); Augment withclosed-ended questions (e.g., “What colorwas the car?”); and avoid leading questions(e.g., “Was the car red?”).
Obtaining Information FromWitness(es) (cont.)
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Convert the following closed-ended questionsto open-ended format:
1. “What color was his hair?”
2. “Was he wearing a jacket?”
3. “Did he have a mustache or beard?”
Obtaining Information FromWitness(es) (cont.)
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4. Clarify the information received with the witness.
5. Document information obtained from the witness, including the witness’s identity, in a written report.
6. Encourage the witness to contact investigators with any further information.
Obtaining Information FromWitness(es) (cont.)
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7. Encourage the witness to avoid contact with the media or exposure to media accounts concerning the incident.
8. Instruct the witness to avoid discussing details of the incident with other potential witnesses.
Obtaining Information FromWitness(es) (cont.)
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Summary:
Information obtained from the witness cancorroborate other evidence (e.g., physicalevidence or accounts provided by otherwitnesses) in the investigation. Therefore, itis important that this information beaccurately documented in writing.
Obtaining Information FromWitness(es) (cont.)
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Section III.
Procedures for Interviewingthe Witness by the Followup
Investigator
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A. Preinterview Preparations and Decisions
Procedure: Prior to conducting the interview,the investigator should—
1. Review available information.
2. Plan to conduct the interview as soon asthe witness is physically and emotionallycapable.
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3. Select an environment that minimizesdistractions while maintaining the comfortlevel of the witness.
4. Ensure resources are available (e.g.,notepad, tape recorder, camcorder,interview room).
Preinterview Preparations andDecisions (cont.)
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5. Separate the witnesses.
6. Determine the nature of the witness’s priorlaw enforcement contact.
Preinterview Preparations andDecisions (cont.)
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Summary:
Performing the above preinterviewpreparations will enable the investigatorto elicit a greater amount of accurateinformation during the interview, whichmay be critical to the investigation.
Preinterview Preparations andDecisions (cont.)
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B. Initial (Preinterview) Contact With the Witness
Procedure: On meeting with the witness butprior to beginning the interview, theinvestigator should—
1. Develop rapport with the witness.
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2. Inquire about the nature of the witness’sprior law enforcement contact related to theincident.
3. Volunteer no specific information about thesuspect or case.
Initial (Preinterview) Contact Withthe Witness (cont.)
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Summary:
Establishing a cooperative relationship withthe witness likely will result in an interviewthat yields a greater amount of accurateinformation.
Initial (Preinterview) Contact Withthe Witness (cont.)
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C. Conducting the Interview
The cognitive interview technique, used toobtain information from cooperativewitnesses, has four basic principles—
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Conducting the Interview (cont.)
Principle 1:
Social Dynamics Between
the Interviewer and Witness
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Conducting the Interview (cont.)
Principle 2:
Facilitation of the Witness’s
Memory and Thinking
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Conducting the Interview (cont.)
Principle 3:
Communication Between the
Interviewer and Witness
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Conducting the Interview (cont.)
Principle 4:
Sequence of the Interview
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C. Conducting the Interview (cont.)
Procedure: During the interview, theinvestigator should—
1. Encourage the witness to volunteerinformation without prompting.
2. Encourage the witness to report all details,even if they seem trivial.
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Conducting the Interview (cont.)
3. Ask open-ended questions (e.g., “What canyou tell me about the car?”) and augmentwith closed-ended questions (e.g., “Whatcolor was the car?”).
4. Avoid leading questions (e.g., “Was thecar red?”).
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5. Caution the witness not to guess.
6. Ask the witness to mentally recreate thecircumstances of the event (e.g., “Think aboutyour feelings at the time”).
7. Encourage nonverbal communication (e.g.,drawings, gestures, objects).
Conducting the Interview (cont.)
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8. Avoid interrupting the witness.
9. Encourage the witness to contactinvestigators when additional informationis recalled.
Conducting the Interview (cont.)
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10. Instruct the witness to avoid discussingdetails of the incident with other potentialwitnesses.
11. Encourage the witness to avoid contactwith the media or exposure to mediaaccounts concerning the incident.
12. Thank the witness for his/her cooperation.
Conducting the Interview (cont.)
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Summary: Information elicited from the witnessduring the interview may provide investigativeleads and other essential facts. The aboveinterview procedures will enable the witness toprovide the most accurate, complete descriptionof the event and encourage the witness to reportlater recollections. Witnesses commonly recalladditional information after the interview thatmay be critical to the investigation.
Conducting the Interview (cont.)
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D. Recording Witness Recollections
Procedure: During or as soon as reasonablypossible after the interview, the investigatorshould—
1. Document the witness’s statements (e.g.,audio or video recording, stenographer’sdocumentation, witness’s written statement,or written summary using witness’s ownwords).
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2. Review written documentation; ask thewitness if there is anything he/she wishesto change, add, or emphasize.
Recording Witness Recollections (cont.)
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Summary:
Complete and accurate documentation of thewitness’s statement is essential to theintegrity and success of the investigationand any subsequent court proceedings.
Recording Witness Recollections (cont.)
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E. Assessing the Accuracy of IndividualElements of a Witness’s Statement
Procedure: After conducting the interview,the investigator should—
1. Consider each individual component of thewitness’s statement separately.
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2. Review each element of the witness’sstatement in the context of the entirestatement. Look for inconsistencies withinthe statement.
3. Review each element of the statement inthe context of evidence known to theinvestigator from other sources (e.g., otherwitnesses’ statements, physical evidence).
Assessing the Accuracy of IndividualElements of a Witness’s Statement (cont.)
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Summary:
Point-by-point consideration of the accuracy ofeach element of a witness’s statement canassist in focusing the investigation. Thistechnique avoids the common misconceptionthat the accuracy of an individual element ofa witness’s description predicts the accuracyof another element.
Assessing the Accuracy of IndividualElements of a Witness’s Statement (cont.)
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F. Maintaining Contact With the Witness
Procedure: During postinterview, followupcontact with the witness, the investigatorshould—
1. Reestablish rapport with the witness.
2. Ask the witness if he/she has recalled anyadditional information.
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Maintaining Contact With the Witness(cont.)
3. Follow interviewing and documentationprocedures in subsections C, Conductingthe Interview, and D, Recording WitnessRecollections.
4. Provide no information from other sources.
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Maintaining Contact With the Witness(cont.)
Summary:
Reestablishing contact and rapport with thewitness often leads to recovery of additionalinformation. Maintaining opencommunication channels with the witnessthroughout the investigation is critical.
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Eyewitness Evidence:A Guide for Law Enforcement
Part II: IdentificationProcedures
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Mug Booksand Composites
Section II.
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A. Preparing Mug Books
Procedure: In selecting photos to bepreserved in a mug book, the preparershould—
1. Group photos by format (e.g., color orblack and white; Polaroid, 35mm, ordigital; video) to ensure that no photounduly stands out.
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2. Select photos of individuals that areuniform with regard to general physicalcharacteristics (e.g., race, age, sex).
3. Consider grouping photos by specific crime(e.g., sexual assault, gang activity).
Preparing Mug Books (cont.)
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4. Ensure that positive identifying informationexists for all individuals portrayed.
5. Ensure that photos are reasonablycontemporary.
6. Ensure that only one photo of eachindividual is in the mug book.
Preparing Mug Books (cont.)
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Summary:
Mug books must be objectively compiled toyield investigative leads that will beadmissible in court.
Preparing Mug Books (cont.)
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B. Developing and Using Composite Images
Procedure: The person preparing thecomposite should—
1. Assess the ability of the witness to providea description of the perpetrator.
2. Select the procedure to be used from thoseavailable (e.g., identikit-type, artist,computer-generated images).
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Developing and Using CompositeImages (cont.)
3. Unless part of the procedure, avoidshowing the witness any photosimmediately prior to development ofthe composite.
4. Select an environment for conducting theprocedure that minimizes distractions.
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Developing and Using CompositeImages (cont.)
5. Conduct the procedure with each witnessseparately.
6. Determine with the witness whether thecomposite is a reasonable representation ofthe perpetrator.
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Developing and Using CompositeImages (cont.)
Summary:
The use of composite images can yieldinvestigative leads in cases in which nosuspect has been determined. Use of theseprocedures can facilitate obtaining from thewitness a description that will enable thedevelopment of a reasonable likeness of theperpetrator.
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C. Instructing the Witness:Mug Book
Procedure: The investigator/personconducting the procedure should—
1. Instruct each witness without other personspresent.
2. Describe the mug book to the witness onlyas a “collection of photographs.”
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3. Instruct the witness that the person whocommitted the crime may or may not bepresent in the mug book.
4. Consider suggesting to the witness to thinkback to the event and his/her frame of mindat the time.
Instructing the Witness:Mug Book (cont.)
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5. Instruct the witness to select a photographif he/she can and to state how he/she knowsthe person if he/she can.
6. Assure the witness that regardless ofwhether he/she makes an identification, thepolice will continue to investigate the case.
Instructing the Witness:Mug Book (cont.)
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Instructing the Witness:Mug Book (cont.)
7. Instruct the witness that the procedure requires the investigator to ask the witness to state, in his/her own words, how certain he/she is of any identification.
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Procedure: The investigator/personconducting the procedure should—
1. Instruct each witness without other personspresent.
2. Explain the type of composite technique tobe used.
C. Instructing the Witness:Composite
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3. Explain to the witness how the compositewill be used in the investigation.
4. Instruct the witness to think back to theevent and his/her frame of mind at the time.
Instructing the Witness:Composite (cont.)
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Summary:
Providing instructions to the witness canimprove his/her comfort level and canresult in information that may assistthe investigation.
C. Instructing the Witness (cont.)
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D. Documenting the Procedure
Procedure: The person conducting theprocedure should—
1. Document the procedure employed (e.g.,identikit-type, mug book, artist,computer-generated image) in writing.
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Documenting the Procedure (cont.)
2. Document the results of the procedure inwriting, including the witness’s own wordsregarding how certain he/she is of anyidentification.
3. Document items used and preservecomposites generated.
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Documenting the Procedure (cont.)
Summary:
Documentation of the procedure and itsoutcome improves the strength and
credibility of the results obtained from thewitness and can be an important factor in
the investigation and any subsequent courtproceedings.
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Field Identification Procedure(Showup)
Section IV.
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A. Conducting Showups
Procedure: When conducting a showup, theinvestigator should—
1. Determine and document, prior to theshowup, a description of the perpetrator.
2. Consider transporting the witness to thelocation of the detained suspect to limit thelegal impact of the suspect’s detention.
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Conducting Showups (cont.)
3. When multiple witnesses are involved:
a. Separate witnesses and instruct them toavoid discussing details of the incidentwith other witnesses.
b. If a positive identification is obtainedfrom one witness, consider using otheridentification procedures (e.g., lineup,photo array) for remaining witnesses.
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Conducting Showups (cont.)
4. Caution the witness that the person he/sheis looking at may or may not be theperpetrator.
5. Obtain and document a statement ofcertainty for both identifications andnonidentifications.
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Conducting Showups (cont.)
Summary:
The use of a showup can provide investigativeinformation at an early stage, but theinherent suggestiveness of a showuprequires careful use of proceduralsafeguards.
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B. Recording Showup Results
Procedure: When conducting a showup, theinvestigator should—
1. Document the time and location of theprocedure.
2. Record both identification andnonidentification results in writing,including the witness’s own wordsregarding how certain he/she is.
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Recording Showup Results (cont.)
Summary:
Preparing a complete and accurate record ofthe outcome of the showup improves thestrength and credibility of the identificationor nonidentification results obtained fromthe witness and can be a critical documentin the investigation and any subsequentcourt proceedings.
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Procedures for EyewitnessIdentification of Suspects
Section V.
Video Clip 1
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(To view video, roll mouse over video screen. Video is not accompanied by sound.)
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A. Composing Lineups: Photo Lineup
Procedure: In composing a photo lineup, theinvestigator should—
1. Include only one suspect in eachidentification procedure.
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2. Select fillers who generally fit the witness’sdescription of the perpetrator. When thereis a limited/inadequate description of theperpetrator provided by the witness, orwhen the description of the perpetratordiffers significantly from the appearance ofthe suspect, fillers should resemble thesuspect in significant features.
Composing Lineups: Photo Lineup(cont.)
Description: white male, 19 to 25 years old, dark hair, no facial hair.
Pick five fillers.
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5 6 7 8
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Suppose that this man is the suspect.
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Witness description: white male, 19-30,dark hair, clean shaven. Pick five fillers.
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3. If multiple photos of the suspect arereasonably available to the investigator,select a photo that resembles the suspect’sdescription or appearance at the time ofthe incident.
4. Include a minimum of five fillers(nonsuspects) per identification procedure.
Composing Lineups: Photo Lineup(cont.)
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5. Consider that complete uniformity offeatures is not required. Avoid using fillersthat so closely resemble the suspect that aperson familiar with the suspect might findit difficult to distinguish the suspect fromthe fillers.
Composing Lineups: Photo Lineup(cont.)
The eyewitness described the perpetrator as a18- to 22-year-old white male with brown hairand no facial hair.
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6. Create a consistent appearance betweenthe suspect and fillers with respect to anyunique or unusual feature (e.g., scars,tattoos) used to describe the perpetratorby artificially adding or concealing thatfeature.
Composing Lineups: Photo Lineup(cont.)
In this case, the eyewitness described the perpetratoras a cross-eyed, black male.
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7. Consider placing suspects in differentpositions in each lineup, both across casesand with multiple witnesses in the samecase. Position the suspect randomly in thelineup.
8. When showing a new suspect, avoidreusing fillers in lineups shown to thesame witness.
Composing Lineups: Photo Lineup(cont.)
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9. Ensure that no writings or informationconcerning previous arrest(s) will bevisible to the witness.
10. View the spread, once completed, toensure that the suspect does not undulystand out.
Composing Lineups: Photo Lineup(cont.)
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Composing Lineups: Photo Lineup(cont.)
11. Preserve the presentation order of thephoto lineup. In addition, the photosthemselves should be preserved in theiroriginal condition.
Perpetrator described as white male, age 25–40, approximately6'2" tall, dark hair at ear length, and no facial hair. Suspect is inposition 3. What problems are there with this lineup?
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Procedure: In composing a live lineup, theinvestigator should—
1. Include only one suspect in eachidentification procedure.
A. Composing Lineups: Live Lineup
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2. Select fillers who generally fit the witness’sdescription of the perpetrator. When thereis a limited/inadequate description of theperpetrator provided by the witness, orwhen the description of the perpetratordiffers significantly from the appearance ofthe suspect, fillers should resemble thesuspect in significant features.
Composing Lineups: Live Lineup(cont.)
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3. Consider placing suspects in differentpositions in each lineup, both across casesand with multiple witnesses in the samecase. Position the suspect randomly, unless,where local practice allows, the suspect orthe suspect’s attorney requests a particularposition.
Composing Lineups: Live Lineup(cont.)
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4. Include a minimum of four fillers(nonsuspects) per identification procedure.
5. When showing a new suspect, avoidreusing fillers in lineups shown to thesame witness.
Composing Lineups: Live Lineup(cont.)
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6. Consider that complete uniformity offeatures is not required. Avoid using fillersthat so closely resemble the suspect that aperson familiar with the suspect might findit difficult to distinguish the suspect fromthe fillers.
Composing Lineups: Live Lineup(cont.)
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7. Create a consistent appearance between thesuspect and fillers with respect to anyunique or unusual feature (e.g., scars,tattoos) used to describe the perpetratorby artificially adding or concealing thatfeature.
Composing Lineups: Live Lineup(cont.)
The perpetrator was described by the eyewitness as a white male withlight-colored hair. What are two clear problems with this lineup?
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A. Composing Lineups (cont.)
Summary:
The above procedures will result in a lineup inwhich the suspect does not unduly standout. An identification obtained through alineup composed in this manner may havestronger evidentiary value than one obtainedwithout these procedures.
Video Clip 2
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(To view video, roll mouse over video screen. Video is not accompanied by sound.)
Video Clip 3
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(To view video, roll mouse over video screen. Video is not accompanied by sound.)
Replay of Video Clip 1
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(To view video, roll mouse over video screen. Video is not accompanied by sound.)
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B. Instructing the Witness Prior toViewing a Lineup: Photo Lineup
Procedure: Prior to presenting a photolineup, the investigator should—
1. Instruct the witness that he/she will beasked to view a set of photographs.
2. Instruct the witness that it is just asimportant to clear innocent persons fromsuspicion as to identify guilty parties.
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3. Instruct the witness that individualsdepicted in lineup photos may not appearexactly as they did on the date of theincident, because features such as head andfacial hair are subject to change.
Instructing the Witness: Photo Lineup(cont.)
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4. Instruct the witness that the person whocommitted the crime may or may not be inthe set of photographs being presented.
5. Assure the witness that regardless ofwhether an identification is made, thepolice will continue to investigate theincident.
Instructing the Witness: Photo Lineup(cont.)
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6. Instruct the witness that the procedurerequires the investigator to ask the witnessto state, in his/her own words, how certainhe/she is of any identification.
Instructing the Witness: Photo Lineup(cont.)
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Procedure: Prior to presenting a live lineup,the investigator should—
1. Instruct the witness that he/she will beasked to view a group of individuals.
2. Instruct the witness that it is just asimportant to clear innocent persons fromsuspicion as to identify guilty parties.
B. Instructing the Witness Prior toViewing a Lineup: Live Lineup
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3. Instruct the witness that individuals presentin the lineup may not appear exactly as theydid on the date of the incident, becausefeatures such as head and facial hair aresubject to change.
4. Instruct the witness that the person whocommitted the crime may or may not bepresent in the group of individuals.
Instructing the Witness: Live Lineup(cont.)
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5. Assure the witness that regardless ofwhether an identification is made, the policewill continue to investigate the incident.
6. Instruct the witness that the procedurerequires the investigator to ask the witness tostate, in his/her own words, how certainhe/she is of any identification.
Instructing the Witness: Live Lineup(cont.)
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B. Instructing the Witness Prior toViewing a Lineup (cont.)
Summary:
Instructions provided to the witness prior topresentation of a lineup will likely improvethe accuracy and reliability of anyidentification obtained from the witness andcan facilitate the elimination of innocentparties from the investigation.
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C. Conducting the Identification Procedure: Simultaneous Photo Lineup
Procedure: When presenting a simultaneousphoto lineup, the investigator should—
1. Provide viewing instructions to the witnessas outlined in subsection B, Instructing theWitness Prior to Viewing a Lineup.
2. Confirm that the witness understands thenature of the lineup procedure.
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3. Avoid saying anything to the witness thatmay influence the witness’s selection.
4. If an identification is made, avoid reportingto the witness any information regardingthe individual he/she has selected prior toobtaining the witness’s statement ofcertainty.
Conducting the Identification Procedure:Simultaneous Photo Lineup (cont.)
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5. Record any identification results andwitness’s statement of certainty as outlinedin subsection D, Recording IdentificationResults.
Conducting the Identification Procedure:Simultaneous Photo Lineup (cont.)
LINEUP FORM
(Required for Every Photo or Live Lineup)
Date of offense: _______________ Case or file number: ____________
Witness name: __________________________________________
Results of lineup conducted on ___________ (date) at _________ (time):
I selected photo/person number _____ from the lineup.
I made no selection from the photos shown/persons in lineup.
Witness statement about this identification or nonidentification:
____________________________________________________________
____________________________________________________________
____________________________________________________________
Unusual circumstances (clothing passed among participants, etc.):
____________________________________________________________
Phrases spoken by suspect(s):____________________________________
____________________________________________________________
Signature of witness: ________________________________
Signature of investigating officer: ________________________________
Names of any other persons present at lineup and relationship to case:
_________________________________________
_________________________________________
_________________________________________
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6. Document in writing the photo lineupprocedures, including—
a. Identification information and sources of all photos used.
b. Names of all persons present at thephoto lineup.
c. Date and time of the identification procedure.
Conducting the Identification Procedure:Simultaneous Photo Lineup (cont.)
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7. Instruct the witness not to discuss theidentification procedure or its results withother witnesses involved in the case anddiscourage contact with the media.
Conducting the Identification Procedure:Simultaneous Photo Lineup (cont.)
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Procedure: When presenting a sequentialphoto lineup, the investigator should—
1. Provide viewing instructions to the witnessas outlined in subsection B, Instructing theWitness Prior to Viewing a Lineup.
C. Conducting the Identification Procedure: Sequential Photo Lineup
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2. Provide the following additional viewinginstructions to the witness:
a. Individual photographs will be viewedone at a time.
b. The photos are in random order.c. Take as much time as needed in making
a decision about each photo before moving on to the next one.
Conducting the Identification Procedure:Sequential Photo Lineup (cont.)
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d. All photos will be shown, even if an identification is made; or the procedure will be stopped at the point of an identification (consistent with jurisdictional/departmental procedures).
3. Confirm that the witness understands thenature of the sequential procedure.
Conducting the Identification Procedure:Sequential Photo Lineup (cont.)
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4. Present each photo to the witnessseparately, in a previously determinedorder, removing those previously shown.
5. Avoid saying anything to the witness thatmay influence the witness’s selection.
Conducting the Identification Procedure:Sequential Photo Lineup (cont.)
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6. If an identification is made, avoid reportingto the witness any information regardingthe individual he/she has selected prior toobtaining the witness’s statement ofcertainty.
Conducting the Identification Procedure:Sequential Photo Lineup (cont.)
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7. Record any identification results andwitness’s statement of certainty as outlinedin subsection D, Recording IdentificationResults.
Conducting the Identification Procedure:Sequential Photo Lineup (cont.)
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8. Document in writing the photo lineupprocedures, including—
a. Identification information and sources ofall photos used.
b. Names of all persons present at the photo lineup.
c. Date and time of the identification procedure.
Conducting the Identification Procedure:Sequential Photo Lineup (cont.)
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9. Instruct the witness not to discuss theidentification procedure or its results withother witnesses involved in the case anddiscourage contact with the media.
Conducting the Identification Procedure:Sequential Photo Lineup (cont.)
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Procedure: When presenting a simultaneouslive lineup, the investigator/lineupadministrator should—
1. Provide viewing instructions to the witnessas outlined in subsection B, Instructing theWitness Prior to Viewing a Lineup.
C. Conducting the Identification Procedure: Simultaneous Live Lineup
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2. Instruct all those present at the lineup not tosuggest in any way the position or identityof the suspect in the lineup.
3. Ensure that any identification actions (e.g.,speaking, moving) are performed by allmembers of the lineup.
Conducting the Identification Procedure:Simultaneous Live Lineup (cont.)
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4. Avoid saying anything to the witness thatmay influence the witness’s selection.
5. If an identification is made, avoid reportingto the witness any information regardingthe individual he/she has selected prior toobtaining the witness’s statement ofcertainty.
Conducting the Identification Procedure:Simultaneous Live Lineup (cont.)
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6. Record any identification results andwitness’s statement of certainty as outlinedin subsection D, Recording IdentificationResults.
Conducting the Identification Procedure:Simultaneous Live Lineup (cont.)
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7. Document the lineup in writing,including—
a. Identification information of lineup participants.
b. Names of all persons present at the lineup.
c. Date and time the identification procedure was conducted.
Conducting the Identification Procedure:Simultaneous Live Lineup (cont.)
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8. Document the lineup by photo or video.This documentation should be of a qualitythat represents the lineup clearly and fairly.
9. Instruct the witness not to discuss theidentification procedure or its results withother witnesses involved in the case anddiscourage contact with the media.
Conducting the Identification Procedure:Simultaneous Live Lineup (cont.)
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Procedure: When presenting a sequential livelineup, the lineup administrator/investigator should—
1. Provide viewing instructions to the witnessas outlined in subsection B, Instructing theWitness Prior to Viewing a Lineup.
C. Conducting the IdentificationProcedure: Sequential Live Lineup
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Conducting the Identification Procedure:Sequential Live Lineup (cont.)
2. Provide the following additional viewinginstructions to the witness:
a. Individuals will be viewed one at a time.b. The individuals will be presented in
random order.c. Take as much time as needed in making a
decision about each individual before moving to the next one.
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d. If the person who committed the crimeis present, identify him/her.
e. All individuals will be presented, even ifan identification is made; or theprocedure will be stopped at the point ofan identification (consistent with jurisdictional/departmental procedures).
3. Begin with all lineup participants out of theview of the witness.
Conducting the Identification Procedure:Sequential Live Lineup (cont.)
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4. Instruct all those present at the lineup not tosuggest in any way the position or identityof the suspect in the lineup.
5. Present each individual to the witnessseparately, in a previously determinedorder, removing those previously shown.
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6. Ensure that any identification actions (e.g.,speaking, moving) are performed by allmembers of the lineup.
7. Avoid saying anything to the witness thatmay influence the witness’s selection.
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8. If an identification is made, avoid reportingto the witness any information regardingthe individual he/she has selected prior toobtaining the witness’s statement ofcertainty.
9. Record any identification results andwitness’s statement of certainty as outlinedin subsection D, Recording IdentificationResults.
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10. Document the lineup procedures andcontent in writing, including—
a. Identification information of lineup participants.
b. Names of all persons present at the lineup.
c. Date and time the identification procedure was conducted.
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11. Document the lineup by photo or video.This documentation should be of a qualitythat represents the lineup clearly andfairly. Photo documentation can be ofeither the group or each individual.
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12. Instruct the witness not to discuss theidentification procedure or its results withother witnesses involved in the case anddiscourage contact with the media.
Conducting the Identification Procedure:Sequential Live Lineup (cont.)
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C. Conducting the IdentificationProcedure (cont.)
Summary:
The manner in which an identificationprocedure is conducted can affect thereliability, fairness, and objectivity of theidentification. Use of the above procedurescan minimize the effect of externalinfluences on a witness’s memory.
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D. Recording Identification Results
Procedure: When conducting anidentification procedure, the investigatorshould—
1. Record both identification and nonidentification results in writing,including the witness’s own wordsregarding how sure he/she is.
LINEUP FORM
(Required for Every Photo or Live Lineup)
Date of offense: _______________ Case or file number: ____________
Witness name: __________________________________________
Results of lineup conducted on ___________ (date) at _________ (time):
I selected photo/person number _____ from the lineup.
I made no selection from the photos shown/persons in lineup.
Witness statement about this identification or nonidentification:
____________________________________________________________
____________________________________________________________
____________________________________________________________
Unusual circumstances (clothing passed among participants, etc.):
____________________________________________________________
Phrases spoken by suspect(s):____________________________________
____________________________________________________________
Signature of witness: ________________________________
Signature of investigating officer: ________________________________
Names of any other persons present at lineup and relationship to case:
_________________________________________
_________________________________________
_________________________________________
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Recording Identification Results(cont.)
2. Ensure results are signed and dated by thewitness.
3. Ensure that no materials indicating previousidentification results are visible to thewitness.
4. Ensure that the witness does not write on ormark any materials that will be used in otheridentification procedures.
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Recording Identification Results(cont.)
Summary:Preparing a complete and accurate record of the
outcome of the identification procedureimproves the strength and credibility of theidentification or nonidentification resultsobtained from the witness. This record can be acritical document in the investigation and anysubsequent court proceedings.